ARSD Article 20:04 — GAMING COMMISSION - RACING

REVENUE REVENUE

Chapter 20:04:01 General administration

ARSD 20:04:01:01 Repealed

Meetings.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:01.01 Repealed

Annual meeting by commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:02 Repealed

Duties of chairman.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:03 Repealed

Duties of director.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:04 Repealed

Adoption of rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:05 Superseded

Rule changes.** Superseded.

Commission Note: 1975 Session Laws, ch 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

ARSD 20:04:01:06 Repealed

Agency action on request.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:07 Petition for declaratory ruling

Any person wishing the commission to issue a ruling as to the applicability to that person of any statutory provision or rule or order of the commission, may file with the commission a petition in substantially the following form:

STATE OF SOUTH DAKOTA

Pierre, South Dakota 57501

Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner) of (address of petitioner) , am (title or capacity of petitioner) , and do hereby petition the South Dakota Gaming Commission for its declaratory ruling in regard to the following:

The state statute or South Dakota Gaming Commission -- Racing rule or order in question is: (here identify and quote the pertinent statute, rule or order).
The facts and circumstances which give rise to the issue to be answered by the Commission's declaratory ruling are:
The precise issue to be answered by the Commission's declaratory ruling is:

Dated at (city and state) , this ______ day of _________, 19.

(Signature of petitioner)

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-15.

ARSD 20:04:01:07.01 Number of copies of petition for declaratory ruling or rules change

A person filing a petition for declaratory ruling or for initiation, amendment, or repeal of a rule must file an original and seven copies with the executive secretary. The executive secretary may reject the petition if it is not submitted with the required number of copies.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7B-56.
Law Implemented: SDCL 1-26-13, 1-26-15, 42-7-56.

ARSD 20:04:01:08 Commission action on petition

Upon receipt of the petition, the commission may request from the petitioner further information it may require to make its ruling. Following the receipt of the requested information, the commission shall issue its declaratory ruling and mail a copy to the petitioner.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-15.

ARSD 20:04:01:09 Repealed

Commission meetings on petition for new rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:10 Repealed

Request for decision from agency.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:11 Repealed

Finality of commission decision.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:12 Repealed

Hearing before commission.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 18 SDR 9, effective July 23, 1991.

ARSD 20:04:01:13 Procedure before stewards or racing judges

The stewards or racing judges shall impose suspensions and fines as provided in SDCL 42-7-96. If the stewards or racing judges believe that a person has violated a rule, the procedure shall be as follows:

(1) The person shall be summoned before the board of stewards or judges. The state steward or presiding state judge shall conduct the hearing and submit all reports required because of the hearing;

(2) Written notice of the hearing shall be given to the person at the permanent address listed by the licensee. If the certified letter is claimed, unclaimed, or refused, reasonable notice is considered to be given;

(3) No penalty may be imposed until such a hearing is held;

(4) The hearing shall be held as scheduled if the summoned person after reasonable notice does not appear;

(5) If a steward or judge is disqualified for any reason, the executive secretary or, in his absence, the chief state judge or steward shall appoint a replacement judge or steward;

(6) The hearing may from time to time be recessed, but a decision must be made and announced at the conclusion of the hearing; and

(7) If a penalty or discipline is imposed under this article, all persons penalized or disciplined must be notified of their right to an appeal to the commission pursuant to § 20:04:01:15.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 18 SDR 9, effective July 23, 1991; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(2).
Law Implemented: SDCL 42-7-56(2).

ARSD 20:04:01:13.01 Repealed

Informal consultation with executive secretary.** Repealed.

History

Source: 18 SDR 9, effective July 23, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:01:13.02 Procedure for disqualification hearing before stewards

If the owner, trainer, or jockey of a horse that has been disqualified by the stewards desires a formal hearing before the stewards as provided by § 20:04:28:22, the procedure for requesting such hearing shall be as follows:

(1) The request shall be in writing, signed by the person requesting the hearing and presented to the presiding steward within 48 hours of the running of the race in which the disqualification occurred;

(2) The request must set forth the reasons for requesting a hearing;

(3) The request must be accompanied by a bond in the amount of $250.00 to be forfeited in the event the person fails to appear;

(4) The stewards shall conduct a hearing within seven days of the presiding steward's receipt of the request;

(5) A copy of the stewards' written decision or order shall be signed by the presiding steward and given to the person requesting the hearing by personal service or by certified mail; and

(6) The stewards' decision or order shall constitute final agency action under § 20:04:28:22 and may be appealed to the Commission as provided by law.

Cross-Reference: Suspension and fines by racing judges or stewards -- Notice and hearing – Appeals -- Reference to commission, SDCL 42-7-96; Stewards to determine extent of disqualification, § 20:04:28:22.

History

Source: 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-96.

ARSD 20:04:01:14 Repealed

Suspension by racing stewards or judges.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:01:15 Procedure on appeal to commission

If a person disciplined under SDCL chapter 42-7 or this article desires a hearing before the commission, other than a hearing on a disqualification in the official order of finish of a race pursuant to § 20:04:28:22, the appeal may be taken as follows:

(1) A hearing must be requested in writing and directed to the commission within 7 days after the date the penalty or discipline was imposed;

(2) The request must be signed by the person making it and must set forth the reason for the hearing request;

(3) The request must be accompanied by bond in the amount of $500;

(4) The commission shall conduct a hearing after receiving written notice of an appeal at its next regularly or specially scheduled meeting provided that the appellant can be given at least 10 days written notice of the hearing. If the 10 days notice is not given, the appeal hearing shall be scheduled at the next meeting of the commission after the notice is given;

(5) The appellant may be heard in person or represented by counsel or the appellant may submit the case in writing;

(6) An appeal from the order of the stewards or racing judges which imposes a fine or suspension pursuant to SDCL 42-7-96 may be made to the commission only and not the circuit court. It shall operate as a stay of all proceedings until the commission makes its decision;

(7) The decision of the commission is a final agency action. The decision shall be in writing, signed by the chair, attested by the executive secretary, and dated; and

(8) A certified copy shall be personally served or sent by certified or registered mail to the appellant.

Cross-References:

Suspensions and fines, SDCL 42-7-96.

Informal consultation, § 20:04:01:21.

Stewards to determine extent of disqualification, § 20:04:28:22.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; 11 SDR 177, effective July 2, 1985; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 18 SDR 9, effective July 23, 1991; readopted, 19 SDR 21, effective August 20, 1992; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56, 42-7-94, 42-7-96.
Law Implemented: SDCL 42-7-56, 42-7-94, 42-7-96.

ARSD 20:04:01:15.01 Judicial review of commission's decision

Judicial review of the commission's final action may be had by the circuit court pursuant to SDCL chapter 1-26.

History

Source: 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 1-26-30, 42-7-95.
Law Implemented: SDCL 42-7-95.

ARSD 20:04:01:16 Prohibitions on betting

No commission member, officer, agent, or employee of the commission may participate in any betting authorized by this article. This section does not prohibit betting by a commission agent or employee in the course of his lawful discharge of duties.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:01:17 Service and filing

If a filing or a service of notice on the commission or executive secretary is permitted or required by this article or SDCL 42-7, the filing or notice may be delivered in person or mailed to the commission. A filing or notice is complete on the date it is received by the commission.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:01:18 Commission action

The commission may take action by a mail ballot or a telephone conference call. If a telephone conference call is used, the executive secretary must participate in the call and take minutes of the commission's action. If a mail ballot is used, the results of the mail ballot must be included in the minutes. A mail ballot or conference telephone call is a meeting of the commission.

Cross-Reference: Statute prohibiting conference calls to hear or adopt rules, SDCL 1-25-1.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:01:19 Complaints authorized -- Procedure following filing

A person claiming that a licensee has engaged or is engaging in conduct constituting grounds for disciplinary action which is not subject to the jurisdiction of a board of stewards may file with the executive secretary a written complaint stating the name and address of the licensee complained against. The complaint must fully detail the conduct upon which the complaint is made. If the executive secretary determines the complaint has merit, the executive secretary must immediately serve a copy of the complaint by mail on the licensee complained against and on any other affected parties. The licensee complained against has five days to answer after service of the complaint. If the licensee answers the complaint, the licensee must serve the answer on the commission.

A commission member, the executive secretary, or an agent of the commission may file a complaint. The executive secretary may reject a complaint if it does not meet the requirements of this section.

History

Source: 18 SDR 9, effective July 23, 1991; 22 SDR 189, effective July 11, 1996.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-27, 42-7-56.

ARSD 20:04:01:20 Dismissal of complaint

After receipt of the answer to a complaint filed under § 20:04:01:19 after the time has expired to answer or after having determined that no answer is necessary, the executive secretary must examine the complaint, any answer, and other supporting documents to determine whether the complaint has merit or is frivolous or whether it charges conduct constituting grounds for disciplinary action. If the executive secretary determines that the complaint is without merit or is frivolous or that it does not charge conduct constituting grounds for disciplinary action, the executive secretary must dismiss the complaint and notify in writing the complainant, the licensee complained against, and other affected parties, stating the reasons for dismissal. The executive secretary may investigate the complaint and use extrinsic evidence to determine if the complaint has merit.

History

Source: 18 SDR 9, effective July 23, 1991; 22 SDR 189, effective July 11, 1996.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-27, 42-7-56.

ARSD 20:04:01:21 Informal consultation

If the executive secretary considers a complaint to have merit for disciplinary action, the executive secretary may consult with the licensee and the parties affected in an effort to resolve the matter satisfactorily without a formal hearing. The executive secretary must notify in writing the complainant, the licensee complained against, and affected parties of the results of the informal consultation. The informal consultation does not prevent the commission from conducting a formal hearing.

History

Source: 18 SDR 9, effective July 23, 1991; 22 SDR 189, effective July 11, 1996.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-27, 42-7-56.

ARSD 20:04:01:22 Assurance of voluntary compliance

The executive secretary may accept an assurance of voluntary compliance regarding any act or practice alleged to violate this article or SDCL 42-7 from a person who has engaged in, is engaging in, or is about to engage in such acts or practices. The assurance must be in writing and may include a stipulation for the voluntary payment of the costs of the investigation and an amount necessary to restore to a person money or property which may have been acquired by the alleged violator because of the acts or practices. An assurance of voluntary compliance may not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this chapter. The commission may approve or review an assurance of voluntary compliance.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-20, 42-7-56.

ARSD 20:04:01:23 Formal proceedings

If the executive secretary or commission decides to conduct a formal hearing after a complaint has been filed and after any informal consultation, the executive secretary must mail a formal complaint issued in the name of the commission and a notice of hearing to the licensee complained against, the person making the complaint, and other affected parties.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-29, 42-7-56.

ARSD 20:04:01:24 Contents of commission complaint

The commission complaint must contain the name of the licensee complained against, the name and address of the person making the complaint, the details of the complaint, and the date of the complaint.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-29, 42-7-56.

ARSD 20:04:01:25 Date of hearing

The hearing must be held at a time and place convenient to all of the parties concerned.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-29, 42-7-56.

ARSD 20:04:01:26 Answer

The licensee may file an answer admitting, denying, qualifying, or explaining the allegations contained in the formal commission complaint. The answer must be filed before the date of the hearing or within 20 days after the receipt of the formal commission complaint, whichever is sooner. The person serving an answer under this section must serve an original and seven copies. The executive secretary may reject the answer for failure to serve the required number of copies.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-29, 42-7-56.

ARSD 20:04:01:27 Disqualification

If the initial complaint was filed by a commission member, that commission member is disqualified from sitting at the hearing as a commission member and from participating in the decision made by the commission. The commission member may appear as a witness and give advice on procedure.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-26, 42-7-56.

ARSD 20:04:01:28 Per diem and mileage

The commission may authorize per diem and mileage for complainants, witnesses, and affected parties at informal consultations and for complainants and witnesses at formal hearings. The per diem may not exceed the amounts authorized in SDCL 19-5-1 for per diem and the mileage may not exceed the amounts authorized by SDCL 3-9-1.

History

Source: 18 SDR 9, effective July 23, 1991; 51 SDR 1, effective July 1, 2024.
General Authority: SDCL 1-26-19.1.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:01:29 Final action by commission

After hearing the evidence and reaching a decision that the complaint has been proven, the commission may revoke the license, may suspend the license for a particular period of time, may issue a public or private letter of reprimand to be placed in the file of the licensee, or may take any combination of these actions. If the complaint has not been proved, the commission must dismiss the complaint or the parts of the complaint not proved. A letter of reprimand must state the actions against which a complaint was filed with the names, dates, places, and a list of witnesses involved in the complaint. This section does not prevent the commission from compromising a formal hearing, and the commission may also allow an assurance of voluntary compliance. Written findings of fact, conclusions of law, and an order must be entered after the decision. The commission may allow or require briefs of law before making its decision.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-20, 1-26-25, 1-26-27, 42-7-56.

ARSD 20:04:01:30 Petition for hearing

A person aggrieved by an action of the commission, its agents or employees, or the executive secretary that was taken without a hearing may, within 30 days following the date of the action, petition the commission for a hearing. The hearing must be held at a time and place convenient for the commission and the petitioner. The hearing is a contested case.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-16, 1-26-18, 42-7-56.

ARSD 20:04:01:31 Petition for review

Within 10 days after receipt of a commission decision, a party to the hearing may file with the commission a petition to review its decision. The commission, in its discretion, may deny the petition, order a rehearing, or direct other proceedings. Upon rehearing or other proceedings, the commission may affirm, reverse, or modify its earlier decision. Notice of the commission's decision on the petition to review must be served by mail on the petitioner and affected parties.

History

Source: 18 SDR 9, effective July 23, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 1-26-18, 1-26-25, 42-7-56.

ARSD 20:04:01:32 Summary suspension -- Class A violation

A Class A violation includes the following:

(1) Conviction of a misdemeanor involving moral turpitude or a felony;

(2) A deliberate misstatement, deliberate omission, misrepresentation, or untruth made in an application or during the background check that was not discovered before the license was granted;

(3) Refusal to allow access to premises or records under this chapter;

(4) Failure to pay a fine imposed by the board of stewards or the commission by the deadline established in the ruling or order imposing the fine; and

(5) Failure by a licensee to pay a winning pari-mutuel ticket or failure by a multi-jurisdictional totalizator hub to allow a customer to withdraw funds from the customer's account within the time frame established in the hub's operating plan as approved by the commission.

History

Source: 26 SDR 92, effective January 16, 2000; 32 SDR 55, effective October 16, 2005; 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13)(14)(15)(16), 42-7-58.1, 42-7-67.

ARSD 20:04:01:33 Grounds for summary suspension

The commission or the executive secretary may immediately suspend for not more than 60 days the license of a licensee who is charged with a Class A violation under this chapter; who has been charged in South Dakota with a felony; who has been charged in any other jurisdiction for a crime that would be a felony if committed in South Dakota; who has been charged with a violation of any section of SDCL chapters 22-11, 22-12A, 22-14, 22-14A, 22-16, 22-18, 22-19, 22-22, 22-23, 22-25, 22-29, 22-30, 22-30A, 22-32, 22-33, 22-39, 22-41, 22-42, 22-42A, or 22-43; or who has been charged with the commission of any crime of violence as defined by SDCL subdivision 22-1-2(9).

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:01:34 Notice

The executive secretary must deliver a notice of suspension personally or by mail to the licensee who has been suspended. The notice must state when the suspension will begin and end and must state the reasons for the suspension.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:01:35 Complaint required

The executive secretary must serve upon the summarily suspended licensee a formal commission complaint alleging the violation relied upon and a notice of hearing within five days after the receipt of the suspension notice by the licensee. The complaint must be heard by the commission on an expedited basis as a contested case pursuant to SDCL chapter 1-26.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:01:36 Enforcement powers

The executive secretary or an employee or agent of the commission by direction of the executive secretary may perform the following activities:

(1) Inspect and examine, without notice, premises where pari-mutuel wagering is conducted;

(2) Without notice of hearing, seize and remove from the premises and impound any wagering equipment or supplies for the purposes of examination and inspection;

(3) At any time of the day or night, inspect, examine, and photocopy, or remove and impound all papers, books, and records of applicants and licensees and require verification of income and any matter affecting the enforcement of this title; and

(4) Investigate the conduct of each licensee, the licensee's employees, and other persons having a material involvement with a licensee or licensed establishment to assist in the enforcement of this article or SDCL chapter 42-7 or to insure that there is not involvement with a licensee or a licensed establishment by unqualified or unsuitable persons.

The commission may assign the executive secretary or other employee or agent of the commission any additional power or authority not enumerated in this section to assist the commission in the performance of its duties under SDCL chapter 42-7.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-47, 42-7-56(12)(13).

ARSD 20:04:01:37 Information to be furnished by licensee

If a change in the ownership or financial interest in a license occurs, a licensee must report to the commission the full name and address of each person, including lending agencies, who has a right to share in the pari-mutuel revenues, or who has an interest or share in the profits of a license has been pledged or hypothecated as security for a debt or deposited as a security for the performance of an act or to secure the performance of a contract of sale. The report shall be submitted within 30 days after any change in the ownership or financial interest occurs.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-47, 42-7-56(12)(13).

ARSD 20:04:01:38 Access to premises and production of records

An applicant or licensee or an employee or agent of an applicant or licensee may not neglect or refuse to produce records or evidence or to give information on lawful demand by the commission, executive secretary, or any agent of the commission or otherwise interfere or attempt to interfere with lawful efforts by the commission or any of its agents to produce such information.

Any licensee must immediately make available for inspection by the commission, executive secretary, or an agent all papers, books, and records produced by pari-mutuel wagering and any portion of the premises where pari-mutuel wagering is conducted. A commission agent must be given immediate access to any portion of the premises of a satellite provider, satellite facility, or anywhere pari-mutuel wagering is conducted for the purpose of inspecting or examining records or documents, pari-mutuel wagering devices or equipment, or the conduct of pari-mutuel activity.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-47, 42-7-56(12)(13).

ARSD 20:04:01:39 Summoning of licensee

The commission may summon any licensee or the agents or employees of the licensee to appear to testify before the commission or its agents with regard to the conduct of the licensee or the agents or employees of the licensee. The testimony may be under oath and may embrace any matters which the commission or its agents consider relevant to the discharge of its official duties. The summoning of a licensee is a contested case pursuant to SDCL chapter 1-26. Testimony so taken may be used by the commission as evidence in any proceeding or matter then before the commission or which may later come before the commission. Failure to appear and testify fully at the time and place designated, unless excused, may constitute grounds for disciplinary action against a license held by the person summoned, the person's principal, or the person's employer.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-47, 42-7-56(12)(13).

ARSD 20:04:01:40 Preparation of exclusion list

The commission may establish a list of persons to be excluded or ejected from pari-mutuel wagering facilities in the state.

In making the determination of persons to be excluded, the commission may consult with gaming regulators in other states and countries and law enforcement agencies. The commission may exclude any person in the judgment of the commission who:

(1) Has been ordered excluded or barred from any racetrack, a pari-mutuel, or legalized gaming facility in the United States;

(2) Has been convicted of violating the racing or gaming laws of any state or any tribal government;

(3) Has a notorious or unsavory reputation that would adversely affect public confidence and trust that the pari-mutuel industry is free from criminal or corrupt influence;

(4) Has been determined to pose a threat to the state of South Dakota or to the pari-mutuel racing industry; or

(5) Has failed to disclose an interest in the ownership or management of any facility or enterprise for which the person must obtain a license from or make a disclosure to the commission.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(8)(13).
Law Implemented: SDCL 42-7-56(8)(13).

ARSD 20:04:01:41 Notice to excluded persons

If the name and description of any person is placed on the exclusion list, the commission shall serve notice of that action upon the person by at least one of the following means:

(1) Personal service;

(2) Certified or registered mail to the last known address of the person; or

(3) Publication in three daily newspapers in South Dakota.

A person placed upon the exclusion list may contest that action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to SDCL chapter 1-26.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(8)(13).
Law Implemented: SDCL 42-7-56(8)(13).

ARSD 20:04:01:42 Notice to facilities

The executive secretary shall provide each licensed satellite facility or other facility where pari-mutuel wagering is authorized with a copy of the list of persons to be excluded from the facility.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(8)(13).
Law Implemented: SDCL 42-7-56(8)(13).

ARSD 20:04:01:43 Failure to eject excluded persons

A licensee's failure or refusal to eject a person who has been placed on the exclusion list from a satellite facility or other pari-mutuel wagering facility shall constitute grounds for disciplinary action against both the individual licensee and the pari-mutuel facility.

Cross-References:

Complaints authorized -- Procedure following filing, § 20:04:01:19.

Dismissal of complaint, § 20:04:01:20.

Informal consultation, § 20:04:01:21.

Assurance of voluntary compliance, § 20:04:01:22.

Formal proceedings, § 20:04:01:23.

Contents of commission complaint, § 20:04:01:24.

Date of hearing, § 20:04:01:25.

Answer, § 20:04:01:26.

Disqualification, § 20:04:01:27.

Final action by commission, § 20:04:01:29.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(8)(13).
Law Implemented: SDCL 42-7-56(8)(13).

Chapter 20:04:10 to 20:04:10 Transferred or repealed

ARSD 20:04:10:01 Transferred

Transferred to § 20:04:31:01.**

ARSD 20:04:10:02 Repealed

References.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 15 SDR 150, effective April 15, 1989.

Chapter 20:04:11 General rules -- Greyhound racing

ARSD 20:04:11:01 Applicability

The rules in this article apply to all persons, associations, partnerships or corporations holding or conducting a meeting, within the state of South Dakota licensed by the commission, where greyhound racing shall be permitted for any stake, purse or reward. The rules shall also apply to any participant in or patron of any such licensed meeting.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:02 Rules apply only in state of South Dakota

In reading the rules, unless the text otherwise requires, it shall be understood, without constant reference thereto, that they apply only in the state of South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:03 Conditions of licenses -- Duties of licensees

Every license to hold a meeting is granted upon the condition that the licensee shall accept, observe and enforce these rules. Furthermore, it shall be the duty of each and every officer, director and every official and employee of the licensee to observe and enforce the rules.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:04 Amendments of rules

It shall be the duty of every licensee to make himself aware of any amendments to these rules.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:05 Repealed

Modification of penalties or decisions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:06 Jurisdiction of the commission

The commission shall have continuing jurisdiction and control over all penalties and decisions imposed or made by them, except as otherwise provided by law.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:07 Repealed

Supremacy for South Dakota laws.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:08 Commission member's right to enter licensed grounds

Members of the commission and their designated representatives shall have the right of full and complete entry to any and all parts of the grounds and mutuel plants of the associations licensed to conduct greyhound racing in South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:09 Office in each association for commission

Each association shall provide within its grounds an office for the use of the commission and all of its officials. The office shall be at the disposal of the commission and its officials for the entire calendar year.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(10), (13).

ARSD 20:04:11:10 Repealed.

First aid room required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:11 Repealed

Sanitary facilities for patrons required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:12 Repealed

Complaints against racing officials.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:13 Duty to abide by laws of South Dakota

Every person participating in and every patron of a licensed race meeting shall abide by the laws of South Dakota and the rules of racing and accept the judge's decisions on any or all questions to which their authority extends, subject to the right of appeal to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:14 Repealed

Number of races -- Racing hours.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:15 Repealed

Use of cameras allowed -- Exception.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:16 Repealed

Quartering of greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:17 Repealed

Reporting of suspicious activities required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:18 Repealed

Posting of security rule required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:19 Reserved

ARSD 20:04:11:19.01 Repealed

Inspection of lock-out kennels.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:19.02 Repealed

Time for required inspections.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:19.03 Repealed

Inspections by track security personnel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:20 Repealed

Display of identification on stalls prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:21 Repealed

Persons permitted in kennel area.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:22 Repealed

Licenses for truck and trailer drivers required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:23 Repealed

Food deliveries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:23.01 Repealed

Purveying of food to dogowners by persons financially interested in racing.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:24 Repealed

Daily removal of manure required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:25 Repealed

Lids required for manure bucket.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:26 Repealed

Meat and water subject to testing.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:27 Repealed

Housing animals within the compound required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:28 Repealed

Building specifications for kennels.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed. 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:29 Repealed

Kennels to be locked.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:30 Repealed

Kennels to be kept clean.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:31 Repealed

Discrepancies reported to kennel master -- Appeal.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:32 Repealed

When specifications go into effect.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 8 SDR 94, effective February 5, 1982.

ARSD 20:04:11:33 Repealed

Security of greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:34 Repealed

Information required on form charts.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 10 SDR 83, effective February 5, 1984.

ARSD 20:04:11:35 Repealed

Printing of weight regulations in daily program required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:36 Repealed

Information required on daily racing programs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:37 Repealed

Printing of location of information windows in daily program required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:38 Repealed

Commission may require added information in daily program.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:39 Use of profane language prohibited -- Disturbing the peace prohibited

No person shall use improper, profane or indecent language to a racing official, or to any employee representing the commission. No person shall in any manner, or at anytime, disturb the peace or make himself obnoxious on the grounds of an association.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:40 Purchase of pari-mutuel ticket by minor prohibited

No minor shall be permitted to purchase or cash a pari-mutuel ticket or to be in the betting area.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:41 Wagering by commission employees prohibited -- Penalty

Wagering by commission employees is prohibited and a violation is punishable by immediate termination of employment.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:11:42 Repealed

Persons allowed in paddock.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:43 Repealed

Reinstatement procedure after suspension or license revocation.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:44 Reserved

ARSD 20:04:11:44.01 Bookmaking and betting other than through mutuel department prohibited

Bookmaking and betting within the confines of a racetrack, other than through the certificate department provided therefor, is strictly prohibited.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:11:44.02 Repealed

Penalty for illegal bookmaking or betting.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:44.03 Repealed

Association to prohibit illegal gambling.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:44.04 Repealed

Owner's, trainer's, or licensee's penalty for soliciting bets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:44.05 Repealed

Gambling devices prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:45 Repealed

Payment of purse moneys.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:46 Repealed

Percentage deduction prohibited -- Exception.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:47 Repealed

Radio transmitters prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:48 Repealed

Wagering by officials prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:49 Repealed

Penalty for failure to pay for services or supplies.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:50 Repealed

Limit on tip sheets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:51 Repealed

Selling of tip sheets in betting area prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:52 Repealed

Approval of communication devices required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:53 Repealed

Closing of public communications.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:54 Repealed

Association to prevent unauthorized use of telephones.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:55 Repealed

Knowingly transmitting race results prohibited -- Exception.** Repealed.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:11:56 Repealed

Information required to be printed on daily racing program.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:11:57 Repealed

Searches authorized -- Implied consent.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 9, effective July 23, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:58 Repealed

Practices for which a person may be ruled off or have his license revoked.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:59 Repealed

Use of artificial devices prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:60 Repealed

Tampering with greyhound's speed prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:61 Repealed

Use of live animals in training prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:62 Repealed,

Disqualification of greyhound subject to corrupt practices.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:63 Repealed

Judges to investigate alleged corrupt practices.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:64 Repealed

Administration of foreign substances -- Penalty.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:65 Repealed

Judges to impose penalties for improper use of drugs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:66 Repealed

Judges to impose punishment for attempting to administer drugs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:67 Repealed

Person in charge of greyhound to protect it -- Penalty for failure.** Repealed.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:68 Repealed

Duty of owners of greyhound which received illegal medication -- Effect on other greyhounds in race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:69 Repealed

Effect on kennel when owner under investigation -- Time for hearing -- Waiver of rule.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:70 Repealed

Judges of cases involving illegal medication.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:11:71 Repealed

Effect on other greyhounds of suspended owner, trainer, or kennel operator.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:72 Repealed

Judges to seize illegal drugs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:73 Repealed

Owner to be present at testing times.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:73.01 Repealed

Prerace testing or sampling procedure.** Repealed.

History

Source: 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:74 Repealed

Penalty for willful failure to be present.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:75 Repealed

Judges may designate tests -- Testing procedure.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:76 Repealed

Delivery of specimens.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:77 Repealed

Veterinarian may take samples of suspected material.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:78 Repealed

Redistribution of purse.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:79 Repealed

Owners and trainers to submit greyhounds to veterinarians.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:80 Repealed

Commission may witness tests.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:81 Repealed

Penalty for participation in administration of illegal application.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:82 Repealed

Association and officials to cooperate with investigators and prosecutors.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:83 Repealed

Possession of illegal substances prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:84 Repealed

Permission for possession of drugs required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:85 Repealed

Power of commission not limited by these rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:86 Repealed

Extent of power of judges to fine and suspend.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:11:87 Repealed

Rescinding fine or suspension.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:88 Repealed

Objecting person to pay expenses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:89 Repealed

Time for paying fines -- Collection of fines.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:90 Repealed

Range of suspension.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:91 Repealed

Commission may modify judges' penalties.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:92 Repealed

Greyhound suspended elsewhere not to race in South Dakota.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:93 Repealed

Revocation of license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:94 Repealed

Return of money fraudulently won required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:95 Repealed

Effect of ruling a license off.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:96 Repealed

Ineligibility of greyhounds of owner ruled off.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:97 Repealed

Ineligibility of greyhounds of trainer ruled off.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:98 Repealed

Ineligibility of person ruled off to subscribe or enter a greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:11:99 Repealed

Penalties for violations of rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:12 Greyhound officials and personnel

ARSD 20:04:12:01 Repealed

Racing officials to be approved by commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:02 Repealed

Officials appointed by association.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:03 Repealed

Officials appointed by commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:04 Repealed

One official for each position required -- Exception.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:05 Repealed

Wagering by officials prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:06 Repealed

Key personnel appointed by association.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:07 Repealed

Submission of names of key personnel required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:08 Repealed

Interests in race by officials prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:09 Repealed

Acceptance of gratuities by officials prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:10 Repealed

Appointment of two judges by the association.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:12:11 Repealed

Duties of presiding state judge -- Board of judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:12 Repealed

Supremacy of South Dakota laws and judges' rules over officers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:13 Repealed

Power of judges to interpret rules and decide questions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:14 Repealed

Judges to decide questions in conformity with justice.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:15 Repealed

Questions to be decided by a majority of judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 8, 2011.

ARSD 20:04:12:16 Repealed

General supervision of judges over officials and licensed personnel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:17 Repealed

Judges to have control and access to all places.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:18 Repealed

Entries and declarations under supervision of judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:19 Repealed

Power of judges to determine all questions referring to entries and racing.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:20 Repealed

Implied consent to judges' decisions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:21 Reserved

ARSD 20:04:12:21.01 Repealed

Power of judges to punish.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:21.02 Repealed

Limits of power of judges to punish.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:22 Reserved

ARSD 20:04:12:22.01 Repealed

Power of judges to suspend and disqualify.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:22.02 Repealed

Power of judges to exclude or eject a person.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:22.03 Repealed

Power of judges to call for proof of nondisqualification.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:22.04 Power of judges to order an examination

Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:23 Reserved

ARSD 20:04:12:23.01 Repealed

Judges to watch operation of lure.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:23.02 Repealed

Judges to investigate promptly and render decisions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:23.03 Repealed

Judges to report objections to commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:24 Repealed

Complaints against officials.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:25 Repealed

Judges to exclude persons ruled off.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:26 Repealed

Judges required to be at track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:27 Repealed

Appointment of substitute in absence of judge.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:28 Repealed

Judges to fill vacancies of other racing officials.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:29 Repealed

Excusing greyhound after leaving paddock -- Refunding of money.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:30 Repealed

Refund of money after greyhound placed in starting box.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:31 Repealed

Judge to determine validity of start.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:32 Repealed

Judge to determine places of winning greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:33 Repealed

Determination of places when a greyhound loses its muzzle.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:34 Repealed

Judges to display numbers of winning greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:35 Repealed

Use of camera to aid judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:36 Repealed

Posting results and photograph.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:37 Repealed

Correcting errors on official sign.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:38 Repealed

Placing greyhound on schooling list.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:39 Repealed

Judges to report to commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:40 Repealed

Written consent of judges required for greyhound to race at different track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:41 Repealed

Questions to be determined by majority of judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:42 Repealed

Presiding judge and secretary to keep list of all greyhound rulings.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:43 Transferred

Transferred to § 20:04:12:75.**

ARSD 20:04:12:44 Repealed

Racing secretary to report violations, to keep records of races, and to receive and pay over all moneys.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:45 Repealed

Racing secretary to receive entries and declarations.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:46 Repealed

Racing secretary to inspect licenses and documents.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:47 Repealed

Racing secretary to compile and post list of the entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:48 Repealed

Racing secretary to furnish list of all kennels contracted to compete.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:49 Repealed

Racing secretary to view each race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:50 Repealed

Clerk of scales to weigh greyhounds in and out and to exhibit accurate weights.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:51 Repealed

Clerk of scales to report infractions of rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:52 Reserved

ARSD 20:04:12:52.01 Repealed

When greyhounds are to be weighed in.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 10 SDR 83, effective February 5, 1984.

ARSD 20:04:12:52.02 Repealed

Owner's penalty for not having greyhound at weighing-in room on time.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 13 SDR 144, effective April 12, 1987.

ARSD 20:04:12:53 Reserved

ARSD 20:04:12:53.01 Transferred

Transferred to § 20:04:14:33.01.**

ARSD 20:04:12:53.02 Repealed

Change in racing weight.** Repealed

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:12:54 Repealed

Qualifications for clerk of scales.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:55 Repealed

Weighing of greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:56 Repealed

Clerk of scales to direct lead-out.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:57 Repealed

Requirement that weights be published in the program.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:04:12:58 Repealed

Privilege of the judges to weigh a greyhound at any time.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:04:12:59 Repealed

Placing the greyhounds in the lock-out kennels -- Admission to the lock-out kennel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 12 SDR 151, 12 SDR 155, effective July 1, 1986.

ARSD 20:04:12:60 Repealed

Clerk of scales to require only one weigh-in.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:61 Repealed

Identification of greyhounds required -- Paddock judge to complete identification cards.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:62 Repealed

Paddock judge to identify all greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:63 Repealed

Identification tag to be attached to greyhound's collar.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:64 Repealed

Valid license required for weighing-in.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:65 Repealed

Paddock judge to compare identification card with greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:12:66 Repealed

Duty of the paddock judge to supervise the kennel master and the unlocking of the lock-out kennel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 9 SDR 122, effective March 31, 1983.

ARSD 20:04:12:67 Repealed

Muzzles and blankets required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:68 Repealed

Persons allowed in lock-out kennel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:69 Repealed

Kennel master to inspect and care for kennels and to guard greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:70 Repealed

Program required -- Content.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:71 Repealed

Past performance lines required -- Required information.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:72 Repealed

Change of names.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:73 Repealed

Order of past performances.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:74 Repealed

Starter to secure fair start.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:75 Repealed

Starting box to be approved by commission -- Effect of opening starting box.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; last sentence transferred from § 20:04:12:43, 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:76 Repealed

Starter to report delays.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:77 Repealed

False starts void.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:78 Repealed

Starting box requirements.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:79 Repealed

Breaking point.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:80 Repealed

Quiet working area for lure operator required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:81 Repealed

Running consistent lure required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:82 Repealed

Lure operator required to check lure.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:83 Reserved

ARSD 20:04:12:83.01 Repealed

Who may lead out greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:83.02 Repealed

Neat appearance of lead-outs required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:83.03 Repealed

Lead-out to put greyhound in proper box.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:83.04 Repealed

Interest in greyhounds by lead-outs prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:83.05 Repealed

Age requirement for lead-outs.** Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:84 Repealed

Assignment of post positions of lead-outs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:85 Repealed

Conversation by lead-outs prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:86 Repealed

Smoking while on duty and in uniform prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:87 Repealed

Wagering by lead-outs prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:88 Repealed

Training of lead-outs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:88.01 Repealed

Lead-out area restrictions.** Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:89 Reserved

ARSD 20:04:12:89.01 Repealed

Timer to time each race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:89.02 Repealed

Timer to declare official time of race.** Repealed

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:90 Reserved

ARSD 20:04:12:90.01 Repealed

Beginning of time taking.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:90.02 Repealed

Automatic timing devices required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:90.03 Repealed

How races are to be timed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91 Reserved

ARSD 20:04:12:91.01 Repealed

An official veterinarian required -- Qualifications.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.02 Repealed

Veterinarian to examine greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.03 Repealed

Veterinarian to report improper physical conditions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.04 Repealed

When veterinarian must make his final examination.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.05 Repealed

Veterinarian to inspect greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.06 Repealed

Veterinarian to secure specimens and maintain records.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.07 Repealed

Veterinarian to secure signatures of witnesses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.08 Repealed

Veterinarian to deliver specimens to a carrier.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:91.09 Repealed

Veterinarian to instruct assistants.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:92 Repealed

License requirement of veterinarian.** Repealed

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:93 Repealed

Veterinarian to write report.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:94 Reserved

ARSD 20:04:12:94.01 Repealed

Presence of bitches in season on track prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:94.02 Repealed

When bitches coming in season may be accepted.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:94.03 Repealed

Bitches in milk.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:94.04 Repealed

Reporting bitches in season required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:95 Repealed

Inspection of bitches that have not raced in 10 days.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:96 Repealed

Requirement of veterinarian -- Administration of drugs and medicine prohibited -- Records of medicaments required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:97 Repealed

Announcer responsible for all normal announcement procedures.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:12:98 Repealed

Soliciting wagers prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:13 Greyhound licensees

ARSD 20:04:13:01 Conditions of license

Imposed on each licensee of the South Dakota racing commission is the duty of enforcing the rules and regulations imposed by the commission, the said rules and regulations being a condition under which the licenses are granted, the commission reserving the right to amend or strike down any rule, regulation, or condition herein imposed or to supplement said rules and regulations.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:13:02 Repealed

Persons to be approved by commission.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:13:03 Repealed

Submission of proposed races required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:04 Repealed

Association to make daily report.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:05 Totalizator equipment required

An association operating pari-mutuel betting must maintain a satisfactory totalizator. Before an association expands to an off-track site, its totalizator equipment must be tested and approved by a representative of the racing commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:13:06 Repealed

Release of purse money.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:07 Repealed/

Photo-finish camera required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:08 Repealed

Association to cooperate with local authorities.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:09 Repealed

Association to maintain police.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; requirement to police all parts of racing enclosure transferred from § 20:04:13:12, 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:10 Repealed

Weekly written report required -- Content.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:11 Repealed

Association to furnish names of ejected persons.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:12 Transferred

Transferred to § 20:04:13:09.**

ARSD 20:04:13:13 Repealed

Association to provide refuse boxes.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:14 Repealed

Association to maintain track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:15 Repealed

Judges stands required.** Required.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:16 Repealed

Receiving pit required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:17 Repealed

Association to furnish officers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:18 Repealed

Requirements for running races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:19 Repealed

Association to post list of entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:20 Repealed

Vending of glass containers prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:21 Repealed

Recording unredeemed tickets required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:13:22 Repealed

Association to furnish yearly financial statement.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:13:23 Penalty for failure to comply with rules

The failure on the part of any association to conduct its race meeting in conformity with the laws of South Dakota and the rules and regulations of the commission will constitute sufficient cause for a revocation of the license by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:13:24 Repealed

Application for license by racing association.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:13:25 Repealed

Granting of dates and licenses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:25.01 Repealed

Granting of dates and licenses -- Approval of dates.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:13:26 Information required for application for licenses

All associations applying for a license from the commission or applying for racing dates shall give the names of all directors, officers, and stockholders of their association, together with fingerprints and photographs of each officer and director and the percent of stock owned by each stockholder. The association shall furnish the commission with any other information needed to ascertain the integrity and financial resources of the association to conduct dog racing in the state of South Dakota.

If the association's income is taxable by the federal government, the commission may also require the members of the board of directors of the association and any stockholder of the association owning or controlling more than 33 percent of the outstanding stock of the association to furnish the commission with information that will allow the commission to ascertain the integrity and financial investment in dog racing in the state of South Dakota of each director and each stockholder. After receiving the application, the commission may call for further data and information in writing or it may ask the officers, stockholders, and directors of the association to appear personally before the commission to ascertain the integrity and financial capability of the association to conduct dog racing in South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(1).
Law Implemented: SDCL 42-7-59.

ARSD 20:04:13:27 Payment of license fees

License fees for meets are payable upon receipt of a license to conduct racing. Associations may pay at the end of each racing week if their fee is determined by the amount of daily handle or by the number of performances. For associations paying upon receipt of license, the unearned fee will be refunded by the commission if the meet is shortened at the request of the licensee for some unforeseen emergency and the consent of the commission is given.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(1).
Law Implemented: SDCL 42-7-63.

ARSD 20:04:13:28 Repealed

Furnishing of bond.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:13:29 Repealed

License required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:29.01 Repealed

Display of licenses.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:13:30 Repealed

Validity of license -- Renewal.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:31 Applications for licenses to participate in racing

All applications for licenses and registrations to participate in racing shall be made to the commission on forms supplied by them.

An individual, partnership, or corporation applying for a license from the commission must provide his name and all names of the partnership or corporation, with any nicknames or aliases; a permanent address at which the applicant can receive official correspondence from the commission; a local address; home and business telephone numbers, age, date of birth, height, weight, color of hair, color of eyes, sex, marital status, citizenship, place of birth, social security number, and next of kin; previous racing license history; any rulings made against the person, partnership, or corporation by any racing jurisdiction; any arrest or criminal history; and any other information which the commission may consider necessary. The information must be provided on an application form provided by the commission. In addition, the commission may require the applicant to provide photographs or fingerprints, taken at a time and place and in a manner required by the commission. The application form shall include a statement that certified mail was sent to the permanent address of a licensee, as listed on the license application, whether delivered or returned to the commission for any reason, constitutes reasonable notice of licensing or disciplinary action by the commission.

Cross-Reference: License application through Association of Racing Commissioners International, § 20:04:13:31.01.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-67.

ARSD 20:04:13:31.01 License application through Association of Racing Commissioners International

An individual, partnership, or corporation applying for a license under Pub L No. 100-413, the Parimutuel Licensing Simplification Act of 1988, (August 22, 1988) through the Association of Racing Commissioners International shall complete that application form as provided. The commission may require any additional applicant information it considers necessary prior to granting approval for a license in this state.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-67.

ARSD 20:04:13:32 Repealed

Minimum age for licenses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:33 Repealed

License prerequisites for new owners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:34 Repealed

License prerequisites for trainers and owner-trainers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:35 Repealed

Information required for persons, associations, and their employees engaged in pari-mutuel wagering.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:13:36 Repealed

Contractual concessionaire license required -- Information required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:37 Repealed

Occupational license required for food vendors.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:38 Repealed

Occupational license required for food vendor employees.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:39 Grounds for refusal of license

The commission may refuse to issue a license to the following persons:

(1) One who owns, operates, or has an interest in a bookmaking, pool selling, or other illegal enterprise or who is connected with or associated with an illegal enterprise;

(2) One who has been convicted of a felony or misdemeanor involving moral turpitude;

(3) One who is unqualified, by experience or otherwise, to perform the duties required;

(4) One who fails to disclose the true ownership of interest in all greyhounds as required by the application;

(5) One who is or has been engaged in an activity, conduct, or practice that is undesirable or detrimental to the best interests of the public and the sport of greyhound racing; and

(6) One who has been refused a license by or is not eligible for a license in any other racing jurisdiction or racing association.

The commission may rule off a licensee or suspend or revoke the license of a licensee for any of the reasons in this section.

History

Source: 5 SDR 87, effective April 15, 1979; 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12), 42-7-91.

ARSD 20:04:13:40 License applications to be filled out and signed

All applications for licenses must be completely and correctly filled out and must be signed by the applicant.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:13:40.01 Repealed

License applications to be filed with director of racing.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:41 Delay, omissions, or false information on license applications

Refusal to provide timely information upon request of the commission, providing of false information to the commission, or any omission or misrepresentation on a license application is sufficient cause for the refusal, suspension, or revocation of a license by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56, 42-7-91.

ARSD 20:04:13:42 Repealed

Power of commission to refuse a license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:13:42.01 Repealed

License suspensions.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:43 Repealed

Power of commission to revoke a license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:44 Repealed

Responsibility of licensees for debts incurred.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:45 License fee schedule

The following fees shall be charged by the commission for the licenses issued:

(1) Association licenses:

(a) Association: $10 per performance;

(b) Association employee (other than key personnel and officials): $10;

(d) Concession employee: $7.50;

(e) Lead-out: $7.50;

(f) Mutuel employee: $10;

(g) Officials and key personnel, including the association judges, racing secretary, paddock judge, timer, clerk of scales, chart writer, mutuel manager, tote personnel manager, patrol judge, starter, lure operator, manager, assistant manager, off-track site manager, concession manager, announcer, track superintendent, public relations director, and photo-finish camera operator: $15;

(h) Tip sheet operator: $15;

(i) Veterinarian: $15;

(j) Security guard: $12;

(2) Dog owner licenses:

(a) Authorized agent: $15;

(b) True owner: $15;

(d) Corporation: $25;

(3) Kennel licenses:

(a) Kennel operator: $15;

(b) Trainer: $15;

(d) Assistant trainer: $15;

(e) Kennel helper: $7.50;

(f) Kennel name: $15;

(g) Kennel owner: $15;

(4) Duplicate license: $7.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56, 42-7-67.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:13:46 Repealed

Registration of partnerships -- Information required -- Liability of partners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:47 Repealed

Information required with statements of partnerships.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:48 Repealed

Emergency authority to sign.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:49 Repealed

Assignment of part ownership.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:50 Repealed

Owner's license required of all involved in partnership.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:51 Repealed

Statement to be filed with owner's license application form.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:52 Repealed

Effect of suspension of person listed in corporation.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:53 Repealed

Requirements for corporation owner's license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:54 Repealed

Stock transfer to be reported.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:55 Repealed

Information required in statements of sales or arrangements.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:56 Repealed

Filing requirements -- Penalty for failure to file.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:57 Repealed

Requirement for racing under kennel name.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 144, effective April 12, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:58 Repealed

Use of kennel name by trainer as owner allowed -- As trainer prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:59 Repealed

Disclosure required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:60 Repealed

Requirements for partnerships.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:61 Repealed

Requirements for corporations.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:62 Repealed

Approval required for changes in identity.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:63 Repealed

Limit on kennel names.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:64 Repealed

Abandonment of kennel name.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:65 Repealed

Changing kennel name.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:66 Repealed

Registering another's registered kennel name prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:67 Repealed

Registering another's real name prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:68 Repealed

Distinctness of kennel names required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:69 Repealed

Privilege of commission to register kennel name.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:70 Repealed

Using kennel name for advertising purposes prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:71 Repealed

Kennel name of a corporation.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 8 SDR 94, effective February 14, 1982.

ARSD 20:04:13:72 Repealed

License requirement for agents.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:73 Repealed

Written instrument for authorized agent required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:74 Repealed

Filing requirement for power of attorney.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:75 Repealed

Appointment of sub-agent.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:76 Repealed

Changes in an agent's delegated power.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:77 Repealed

Owner's revocation of an agent's authority.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:78 Repealed

Term of an agent's license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:79 Repealed

Time limit for authorized agents.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:80 Repealed

License requirement for owners and trainers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:81 Repealed

Licensing responsibility of owners and trainers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:82 Repealed

Owner's responsibility to pick up discharged employee's license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:83 Repealed

Owner to notify judges when his trainer is to be absent.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:84 Repealed

Owner to report change of employees.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:85 Repealed

Fine for harboring unlicensed person.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:86 Repealed

Age requirement for trainer's license.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:87 Repealed

Absolute responsibility of trainer for greyhound's condition.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:88 Repealed

Powers of owner pending action on application.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:88.01 Repealed

Greyhound may race pending receipt of owner's application.** Repealed.

History

Source: 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:89 Repealed

Owner to file roster of employees.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:90 Repealed

Acceptance of bribe by owners, trainers, and track employees.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:13:91 Repealed

Penalty for failure to have greyhound at weighing-in room on time.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:92 Reserved

ARSD 20:04:13:92.01 Repealed

Owners and trainers to retire off-form greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:92.02 Repealed

Retired greyhounds to be brought back to racing weight.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:92.03 Repealed

Reporting death of greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:93 Repealed

Marring identification marks prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:94 Repealed

Penalty for interested person who bets through handbook.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:95 Reserved

ARSD 20:04:13:95.01 Repealed

Owners and trainers subject to South Dakota laws.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:95.02 Repealed

Duty of owners and trainers to abide by the laws.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:13:96 Repealed

Licensed substitute or acting trainers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:97 Repealed

License required for veterinarian -- Duties of veterinarian.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:98 Repealed

Permission required to run more than one greyhound.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:13:98.01 Repealed

Double entries of greyhounds by one kennel.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:99 Repealed

Filing notice of lease required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:13:100 Repealed

Penalty for entering greyhound of unlicensed owner.** Repealed.

History

Source: 11 SDR 143, effective April 29, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:14 Rules of the greyhound race

ARSD 20:04:14:01 Reserved

ARSD 20:04:14:01.01 Repealed

Registration of greyhounds required.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.02 Repealed

Certificate of registration required.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 4 SDR 7, effective August 14, 1977.

ARSD 20:04:14:01.03 Repealed

Availability of certificates required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.04 Repealed

Greyhounds to be raced in true owner's name.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.05 Repealed

Registration of title transfers required.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.06 Repealed

Registration of leases and assignments required.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 4 SDR 7, effective August 14, 1977.

ARSD 20:04:14:01.07 Repealed

Prerequisite for recognition of title by commission.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.08 Repealed

Registry and record keeping to be self-funding.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.09 Repealed

Prerequisites for racing or schooling.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.10 Repealed

Information to be furnished and fee.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.11 Repealed

Submission of official chart.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 13 SDR 95, effective January 11, 1987.

ARSD 20:04:14:01.12 Repealed

Commission access to registry and information system.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:01.13 Types of races

The following types of greyhound races are authorized in South Dakota:

(1) "Hurdle race," a race over a course in which jumps or hurdles are used;

(2) "Overnight race," a race for which entries close 72 hours or less before the time set for the first race of the day on which the race is to be run;

(3) "Purse race," a race for money or other prizes for which the entrance money, if any, must be paid and every other condition complied with at the time of closing entries;

(4) "Race on the flat," a race over a course in which no jumps or other obstacles are placed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 2, effective July 20, 1986; 13 SDR 144, effective April 12, 1987; 13 SDR 206, effective July 12, 1987; 14 SDR 126, effective April 3, 1988; transferred from subdivision 20:04:10:01(44), 15 SDR 150, effective April 15, 1989.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:14:02 Repealed

Proper schooling required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:03 Repealed

Penalty for schooling at unauthorized track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:04 Repealed

When schooling after transfer not required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:05 Repealed

Distance of schooling races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:06 Repealed

Requirements of official schooling races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:07 Repealed

Hand schooling not official.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:08 Repealed

When schooling required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 8 SDR 94, effective February 14, 1982.

ARSD 20:04:14:09 Repealed

Weight requirements for schooling races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:10 Repealed

Judges may order schooling.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:11 Repealed

Photo-finish cameras for schooling races required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:12 Repealed

Schooling for hurdle racing required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:13 Repealed

Lead-outs required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:14 Repealed

Establishment of qualifying time required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:15 Repealed

Notification of qualifying time -- Changes.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:16 Repealed

Meeting qualifying time required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:17 Repealed

Period of time for qualification.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:18 Repealed

Approval of qualifying time required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:19 Repealed

Presence of judge at schooling races required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:20 Repealed

Racing secretary's responsibility for grading.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; last sentence transferred from § 20:04:14:28, 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:21 Repealed

Grades list.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:22 Repealed

Grade five greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:23 Repealed

Advancement of winner of maiden race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:24 Repealed

Power of secretary to regrade.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:25 Repealed

Falling in race considered starting.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:26 Repealed

Reclassification of greyhounds not racing for 30 days.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:27 Reserved

ARSD 20:04:14:27.01 Repealed

Grade of transferred greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:27.02 Repealed

Grade advancement of greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:27.03 Repealed

Grade lowering of greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:27.04 Repealed

Additional grade lowering procedure.** Repealed.

History

Source: 13 SDR 206, effective July 12, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:28 Transferred

Transferred to § 20:04:14:20.**

ARSD 20:04:14:29 Repealed

Entries drawn by lot.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:30 Repealed

Indication of grade on the program required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:31 Repealed

Stakes and sweepstakes races -- Effect on grades.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:32 Repealed

Advancement of maidens.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; third sentence transferred from subdivision 20:04:10:01(28), 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:33 Repealed

Weighing-in time.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:33.01 Repealed

Registration of greyhound -- Racing weight.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:04:12:53.01, 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:34 Repealed

Establishment of racing weight prerequisite to racing.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:35 Reserved

ARSD 20:04:14:35.01 Repealed

Maximum variation in established weight allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:35.02 Repealed

Maximum weight loss at weighing-out allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:35.03 Repealed

Maximum variation in weighing-in weight allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 7 SDR 70, effective January 27, 1981.

ARSD 20:04:14:35.04 Repealed

Publication of weight regulations required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:35.05 Repealed

Change of racing weight allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:35.06 Repealed

Change of more than one pound in weight.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:35.07 Repealed

Establishment of new weight.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:35.08 Repealed

Weighing privilege of judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:35.09 Repealed

Greyhounds to be placed in lock-out kennels after weighing-in.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:36 Repealed

Implied consent to rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:37 Repealed

Authorization of racing secretary to receive entries and declarations.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:37.01 Repealed

Association to provide change-of-status form.** Repealed.

History

Source: 17 SDR 113, effective February 5, 1991; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:38 Repealed

Entry to be in name of registered owner -- Penalty for failure to comply.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:39 Repealed

Entry is prerequisite to qualification.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:40 Repealed

Entrance fee.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:41 Repealed

Interest required for assumption of owner's rights.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:42 Repealed

Joint entries -- Liability of partners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:43 Repealed

Racing officials may require proof of ownership.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:44 Repealed

Effect of failure of full identification.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:45 Repealed

Responsibility of one who knowingly attempts identity establishment.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:46 Reserved

ARSD 20:04:14:46.01 Repealed

Entry of disqualified greyhound prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:46.02 Repealed

Entry of greyhound owned by disqualified person prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:47 Repealed

No notice for refusal of entry required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:48 Repealed

Conditioning by licensed trainer prerequisite to entry.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:49 Repealed

Dogs on schooling and veterinarian's lists disqualified.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:50 Repealed

Racing secretary to compile entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:51 Repealed

Alterations in entries after closing prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:52 Repealed

Posting of names of greyhounds in scratched races.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:14:53 Repealed

Entry of suspended greyhounds void.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:54 Repealed

Racing during continuance of ruling forbidden.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:55 Repealed

Minimum age for racing.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:56 Repealed

Filing of claims against greyhounds required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:57 Repealed

Association may withdraw or change unclosed races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:58 Repealed

Closing of entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:59 Repealed

Entered greyhounds required to start.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:60 Repealed

Determination of starters in case of excess entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:61 Repealed

Stakes entry.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:62 Repealed

Payment of entrance money required for starter.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:63 Repealed

Entrance money not refundable.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:64 Repealed

Nominator's liability.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:65 Repealed

Place where entrances close.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:66 Repealed

Closing of entrances when hour designated -- When hour not designated.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:67 Repealed

Nominations received by mail.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:68 Repealed

Proof of miscarriage required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:69 Reperaled

Subscriber's liability for sweepstakes entries -- For transfer.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:70 Repealed

Racing secretary's liability for allowing greyhound to start without paying entrance fee.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:71 Repealed

Person's liability for wrong entry.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:72 Repealed

Moneys to go to winner -- Refunds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:73 Repealed

Method of entering greyhound disqualified because of arrears.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:74 Repealed

Payment of moneys required by person with no credit.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:75 Repealed

Disqualification of greyhound by sale to disqualified person.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:76 Repealed

Postponement or declaring off races due to emergency.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:77 Repealed

Dogs ruled off for life.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:78 Repealed

Cause required for scratches.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:79 Repealed

Penalty required for scratches due to rules violations -- Other causes.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:80 Reserved

ARSD 20:04:14:80.01 Repealed

01** Judges may cancel race. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:80.02 Repealed

Judges may scratch greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:80.03 Repealed

Automatic scratch of greyhounds due to vomiting.** Repealed.

History

Source: 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:81 Repealed

When withdrawals and scratches must be made.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:82 Repealed

Irrevocability of declaring out.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:83 Reserved

ARSD 20:04:14:83.01 Repealed

Declarations in sweepstakes.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:83.02 Repealed

Declarations in purse races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:83.03 Repealed

Advertising of post time on tote board required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:83.04 Repealed

Advertisement of post time in daily program required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:84 Repealed

Meeting of post time required -- Emergencies.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:85 Repealed

Responsibilities of lead-outs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:86 Repealed

Muzzles and blankets required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; blinker muzzle requirement and examination requirement before judges or starter transferred from §§ 20:04:14:91 and 20:04:14:92, 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:87 Repealed

Excusing greyhound after leaving paddock -- Refund of money.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:88 Repealed

Forfeit for running course incorrectly.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:89 Repealed

Lure always to be in front of greyhounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:90 Repealed

Judges may remove greyhounds from track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:91 Transferred

Transferred to § 20:04:14:86.**

ARSD 20:04:14:92 Transferred

Transferred to § 20:04:14:86.**

ARSD 20:04:14:93 Repealed

Exhibition of greyhounds required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:94 Repealed

When persons excluded from track.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:95 Repealed

Judges to observe operation of lure.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:14:96 Repealed

Refunds when greyhounds locked in the gate.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:97 Repealed

Assignment of post positions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:98 Reserved

ARSD 20:04:14:98.01 Repealed

Division of moneys in case of dead heat.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:98.02 Repealed

Dead heat for second.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:14:98.03 Repealed

Allotment of indivisible prize.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:14:99 Repealed

Owner or trainer required to receive greyhound at end of race.** Repealed.

History

Source: 13 SDR 95, effective January 11, 1987; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:15 Pari-mutuels -- Greyhound racing

ARSD 20:04:15:01 Authorization for the sale of pari-mutuel pools

The sale of pari-mutuel pools is authorized only within the enclosure of a racetrack, satellite facility, or multijurisdictional totalized hub licensed and conducted under SDCL chapter 42-7 and this article.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:02 Repealed

Betting rules to be printed in the daily program.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:03 Appointment of a commission auditor -- Duties

The commission shall appoint a representative to be known as a commission auditor. The commission auditor shall be given free access to all of the books, papers, and records of any licensed facility and to any room or enclosure of any licensed facility at all times.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:04 Duty of the officers and employees of the association to cooperate with the auditor

The officers and employees of each licensed facility shall promptly give the commission auditor such information requested, and shall freely and fully cooperate in every way so that the commissioner auditor may be certain that the mutuel department is being properly and efficiently operated in strict accordance with the law and the rules and regulations of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:05 Power of the commission to adopt rules governing the mutuel department

The commission shall be empowered to direct the licensed facilities to adopt, subject to the approval of the commission, such rules and regulations and to install such methods and system of operating the mutuel department as may be deemed necessary so as to insure compliance with the law, and the rules and regulations of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:06 Duty of the auditor to report compliance failures

The commission auditor shall report to the commission any failure of a licensed facility to comply with the provisions hereof or any violation of the law or any of the rules and regulations of the commission, which may come to the commission auditor's attention, including in the commission auditor's reports recommendations with respect to the discharge of any employee of the association for failure to comply with the rules and regulations of the commission or for fraud, dishonesty or incompetency.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:07 Repealed

20:04:15 :07. Duty of the licensee to remit the amount due the state. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:08 Repealed

Telephone system required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:09 Approval of wagering equipment required

All equipment used by the licensee in conducting wagering under the pari-mutuel method must be approved by the commission before it may be used.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:15:10 Repealed

Totalizators and result boards required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:11 Repealed

Odds board and oddsman required -- Duty of oddsman.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:12 Repealed

One daily double a day allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; repealed, 10 SDR 83, effective February 5, 1984.

ARSD 20:04:15:13 Participation in a pari-mutuel pool by a minor prohibited

No person under the age of 18, whether attending a race or employed in any other manner on or about a racetrack, may participate in a pari-mutuel pool. No person under 18 years of age may sell or cash tickets.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:15:14 Repealed

Starting of entry or field greyhounds in daily double race prohibited.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:15 Repealed

Purchasing pari-mutuel tickets for hire prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:16 Touting by mutuel department employees prohibited -- Penalty

Touting by employees of the mutuel department is not permitted. Violation of this rule will result in immediate suspension of the offender's racing license pending hearing before the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:15:17 Repealed

Courteous manner by mutuel department employees required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:18 Repealed

Display of window numbers and identification badges required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:19 Repealed

20:04:15 :19. Duty of the money room manager to furnish a shortage and overage report. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:20 Repealed

Association to furnish odds line.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:21 Repealed

Manager of the pari-mutuel department to be advised on which greyhounds will compete.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:22 Repealed

Duty of the manager of the pari-mutuel department to furnish calculation sheets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:23 Repealed

Close of ticket sales.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:24 Repealed

Wrong ticket claims.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:25 Repealed

Emergency decision-making power of the manager.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:26 Repealed

Sale of pari-mutuel tickets through regular windows only.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 25 SDR 95, effective January 20, 1999; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:27 Repealed

Ticket marking requirements.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:28 Repealed

Bells for closing pari-mutuel machines required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 14 SDR 126, effective April 3, 1988; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:29 Repealed

Duty of the placing judge to advise the manager on the placement.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:30 Repealed

Effect of judges rulings after display of the official sign.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:31 Repealed

Responsibility of the mutuel manager for the payoffs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:32 Repealed

20:04:15 :32. Computing the payoff when there is a difference in the pools. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:33 Repealed

20:04:15 :33. Distribution of the pool. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:34 Repealed

Correction of errors in the payoff -- Overpay -- Underpay.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:35 Payments to be made in conformity with the pari-mutuel system

Payments due on all wagers shall be made in conformity with the well established practice of the pari-mutuel system. The practice is to work in dollars and not in the number of tickets. The break permitted is deducted in all of the calculations arriving at the payoff prices; i.e., the odd cents over any multiple of ten cents of winnings per dollar wagered are deducted and retained by the association or the state according to law.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-81.

ARSD 20:04:15:36 Repealed

Display of payoff prices required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:37 Repealed

Surrender of pari-mutuel tickets required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:38 Repealed

Cashier required to stay open a reasonable length of time.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:39 Repealed

20:04:15 :39. Limitation on redemption of tickets. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:40 Repealed

Pools required for various races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:41 Repealed

Effect on wagered money when a greyhound left at the starting gate.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:42 Repealed

Refund of money when a race declared off.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:43 Repealed

Effect of jams and spills.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:44 Repealed

Payoff when no ticket sold on the winning greyhounds.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:44.01 Repealed

20:04:15 :44.01. Payoff when no ticket sold on winning greyhound. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:44.02 Repealed

Payoff when no place ticket sold on placing greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:44.03 Repealed

Payoff when no show ticket sold on showing greyhound.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:45 Repealed

Refund when a greyhound excused.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:46 Repealed

Refund when no greyhound finishes.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:47 Repealed

Duty of the manager to deliver a record to the auditor.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:48 Repealed

Responsibility of mutuel manager for employees' conduct -- Employees' responsibility for shorts and longs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:49 Repealed

Determination of tenure in the mutuel department.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:15:50 Repealed

Licensed employees to work in mutuel department.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:51 Repealed

20:04:15 :51. Duty of the manager to control access to the mutuel department. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:52 Repealed

Report upon discharge of an employee required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:53 Repealed

Responsibility of the mutuel manager for correctness of payoffs -- Proving the payoffs.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:54 Repealed

Emergency power of the mutuel manager.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:55 Repealed

Racing hours -- Determining the time of the final race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:15:56 Reserved

ARSD 20:04:15:56.01 Repealed

20:04:15 :56.01. Calculating the payoff in a dead heat in the win pool. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:56.02 Repealed

Calculating the payoff in a dead heat for second.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:56.03 Repealed

Calculating the payoff in a dead heat for third.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:56.04 Repealed

Calculating the payoff in a dead heat of entry or field greyhounds.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:56.05 Repealed

Calculating the payoff in a multiple dead heat of entry or field greyhounds.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:57 Repealed

Daily double wagering allowed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:58 Reserved

ARSD 20:04:15:58.01 Repealed

Apportioning the pool when no ticket combines the winners of the daily double.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:58.02 Repealed

Apportioning the pool when no ticket combines the winners of one race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:58.03 Repealed

Apportioning the pool when no ticket combines the winners of either race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:59 Reserved

ARSD 20:04:15:59.01 Repealed

Refund when no ticket would require distribution of the daily double pool.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:59.02 Repealed

Refund when first race cancelled.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:59.03 Repealed

Distribution when second race cancelled.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:59.04 Repealed

Refund in case of a scratch before betting closed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:59.05 Repealed

Consolation in case of a scratch in the second race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:60 Repealed

Posting payoff combinations required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:61 Repealed

Posting payoff in case of a dead heat not required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:62 Repealed

Calculating the pool in case of a dead heat.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:63 Repealed

Closing of sale of daily double tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:64 Repealed

Daily double not a parlay.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:65 Repealed

Quinella not a parlay.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:66 Reserved

20:04:15 :66. Reserved.

ARSD 20:04:15:66.01 Repealed

Calculating the quinella pool in case of a dead heat.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:66.02 Repealed

Calculating the quinella pool in case of a dead heat when no ticket combines the winners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:66.03 Repealed

Apportioning the quinella pool when no ticket combines the winners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:66.04 Repealed

Refund when no ticket requires distribution of the quinella pool.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:66.05 Repealed

Distribution when an entry finishes first and second.** Repealed.

History

Source: 1 SDR 18, effective January 1, 1975; repealed, 5 SDR 87, effective April 15, 1979.

ARSD 20:04:15:67 Repealed

Posting the quinella rules required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:68 Repealed

Perfecta not a parlay.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:69 Repealed

Calculation of a perfecta pool when no ticket combines the winners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:70 Repealed

Refund when no ticket requires distribution.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:71 Reserved

ARSD 20:04:15:71.01 Repealed

Calculation of the perfecta pool in case of a dead heat for first or second place.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:71.02 Repealed

Calculation of the perfecta pool in case of a dead heat for second when no ticket combines the winners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:72 Repealed

Sale of big perfecta tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:73 Repealed

20:04:15 :73. Buyer to designate the order of the first two greyhounds in the first race. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:74 Repealed

Exchange of big perfecta tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:75 Repealed

Division of the big perfecta pool -- Big perfecta windows.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:76 Repealed

Forfeit for failure to surrender the ticket -- Exceptions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:77 Repealed

Refunds in case of a scratch in the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:78 Repealed

Exchanges in case of a scratch in the second race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:79 Repealed

Consolation in case of a late scratch -- Calculation of the consolation.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:80 Reserved

20:04:15 :80. Reserved.

ARSD 20:04:15:80.01 Repealed

Division of the big perfecta pool when no winning combination ticket sold in the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:80.02 Repealed

Apportionment of the big perfecta pool when no winning combination exchange ticket sold.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:80.03 Repealed

Apportionment of the big perfecta pool when no exchange ticket combines two winners.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:80.04 Repealed

Apportionment of the big perfecta pool when no exchange ticket combines either winner.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:81 Repealed

Exchange in case of a dead heat for place in the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:82 Reserved

ARSD 20:04:15:82.01 Repealed

Apportionment of the big perfecta pool in case of a dead heat for place in the second race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:82.02 Repealed

Apportionment of the big perfecta pool in case the second race cancelled.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:82.03 Repealed

Apportionment of the big perfecta pool in case of a dead heat to win in either race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:83 Repealed

Duty of the association to carry a bookkeeping account for unredeemed mutuel tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:84 Repealed

Minimum requirements of maintaining the outsbook.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:85 Repealed

Certificate to be entered in rear of outsbook.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:86 Repealed

Certification of each proper employee required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:87 Repealed

Requirement of new certification when employee's duties change.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:88 Repealed

Cashing outsbook pari-mutuel tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 14 SDR 126, effective April 3, 1988.

ARSD 20:04:15:89 Repealed

Reports to be delivered to auditor.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:90 Destruction of winning pari-mutuel tickets

No records pertaining to pari-mutuel operations or cashed winning pari-mutuel tickets shall be destroyed without permission of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:15:91 Repealed

Keeping books required of licensees -- Audits.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:92 Repealed

Contents of the audit sheet.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:93 Power of commission auditor or state auditor general to audit the books

20:04:15 :93. Power of commission auditor or state auditor general to audit the books. The commission auditor or state auditor general may audit the books and records of any licensee. He shall do so upon the request of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(9).
Law Implemented: SDCL 42-7-56(9).

ARSD 20:04:15:94 Repealed

Purchase or sale of big perfecta tickets involving more than one race prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:95 Repealed

Sale of pari-mutuel tickets other than through a machine prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:96 Repealed

Penalty for violation.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:97 Repealed

Display of rules required -- Enforcement required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:98 Penalties for pari-mutuel rules violations

The violators of any rule or regulation as set forth by the commission whether it be the association, association employee, official, or patron shall be subject to ejection from the grounds or fine, or both, and the revocation of any license issued by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:15:99 Repealed

Twin quin is a permissible form of pari-mutuel wagering.** Repealed..

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:100 Repealed

Twin quin is not a parlay.** Repealed

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:101 Repealed

20:04:15 :101. Creation and distribution of twin quin pool. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:102 Repealed

Twin quin tickets are only sold on first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:103 Repealed

Exchange of ticket after the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:104 Repealed

No exchange ticket issued unless twin quin ticket presented.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:105 Repealed

Twin quin windows open only for purpose of making exchange.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:106 Repealed

No refund for holder of winning twin ticket who fails to obtain exchange ticket.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:107 Repealed

Racing association must provide a reasonable time for exchanging of winning twin quin tickets.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:108 Repealed

Twin quin tickets to be refunded if greyhound is scratched.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:109 Repealed

Twin quin pool to be calculated as a place pool if no winning ticket in the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:110 Repealed

If no winners' tickets in the first race, the twin quin will terminate.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:111 Repealed

If no winning exchange ticket, distribution of twin quin pool as a place pool.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:112 Repealed

Distribution of twin quin pool if no exchange ticket is sold with winning combination but exchange ticket contains one greyhound finishing first or second.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:113 Repealed

Cancellation of the second race results in a straight pool distribution to the holders of the twin quin tickets of the first race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:114 Repealed

Trifecta pools and wagering.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:115 Repealed

Purchase of twin trifecta tickets.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:116 Repealed

Division of twin trifecta wagers into pools -- Maximum limit on jackpot pool.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:117 Repealed

20:04:15 :117. Payoff of first half twin trifecta tickets when the first three greyhounds are not selected in exact order. Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 144, effective April 12, 1987; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:118 Repealed

Exchange of winning twin trifecta tickets.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:119 Repealed

Disclosure of number of winning twin trifecta tickets eligible for exchange prohibited.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:120 Repealed

Twin trifecta tickets on scratched greyhound to be refunded in first race and exchanged in second race.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:121 Repealed

Payoff in event of dead heat in either first or second twin trifecta race.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:122 Repealed

Criteria for accumulation of jackpot pool.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:123 Repealed

Distribution of current program's divided pool when second half of twin trifecta is not declared official.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:124 Repealed

Twin trifecta pool to be held separately.** Repealed.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:125 Repealed

Carryover of maximum jackpot pool -- Establishment and accumulation of seed pool.** Repealed.

History

Source: 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:126 Repealed

Distribution of jackpot and seed pools.** Repealed.

History

Source: 11 SDR 138, 11 SDR 143, effective April 21, 1985; 11 SDR 177, effective July 2, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:127 Repealed

Special race for final distribution of pools and wagers on second twin trifecta race.** Repealed.

History

Source: 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:128 Repealed

Pick (N) is permissible form of pari-mutuel wagering.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:129 Repealed

Pick (N) not a parlay.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:130 Repealed

Pick (N) participants to select greyhounds to win in designated races.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:131 Repealed,

Ticket as proof of participation.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:132 Repealed

No liability for tickets which are not delivered.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:133 Repealed

Pick (N) to be composed of two separate pari-mutuel pools.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:134 Repealed

Jackpot pool to be distributed only among holders of tickets which correctly designate all official winners.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:135 Repealed

Distribution of super (N) pool.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:136 Repealed

Jackpot pool to be carried over if there is no winner.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:137 Repealed

Distribution of jackpot and super (N) pools on the closing day.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:138 Repealed

Substitution when selections scratched or excused.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:139 Repealed

Distribution if races cancelled.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:140 Repealed

Effect of dead heat to win in pick (N) race.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:141 Repealed

Information pertaining to pick (N) tickets not to be announced during running of pick (N) races.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:142 Repealed

Time limit for sale, exchange, and cancellation of pick (N) tickets.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:143 Repealed

Each jackpot pool to have cap.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:144 Repealed

Early payout of jackpot pools.** Repealed.

History

Source: 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:145 Repealed

Superfecta not a parlay.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:146 Repealed

Calculation and distribution of superfecta pools.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:147 Repealed

Distribution of superfecta pool if less than four greyhounds finish.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:148 Repealed

Distribution of superfecta pool when no ticket combines greyhounds finishing first, second, third, and fourth.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:149 Repealed

Refund if greyhounds are scratched or do not start.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:150 Repealed

Dead heats.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:151 Repealed

Superfecta rules to be printed in program.** Repealed.

History

Source: 13 SDR 2, effective July 20, 1986; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:152 Repealed

Tri-super combination wagering.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:153 Repealed

20:04:15 :153. Tri-super combinations. Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:154 Repealed

Purchase of tri-super tickets.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:155 Repealed

Division of tri-super combination wagers into pools.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:156 Repealed

Payoff of first-half tri-super combination tickets.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:157 Repealed

Exchange of winning tri-super combination tickets.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:158 Repealed

Minimum entries.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:159 Repealed

Tri-super combination tickets on scratched greyhound to be refunded in first race and exchanged in second race.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:160 Repealed

Late scratches in tri-super combination races.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:161 Repealed

Payoff in event of dead heat in either first or second tri-super race.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:162 Repealed

Criteria for accumulation of jackpot pool.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:163 Repealed

Distribution of current program's second-half divided pool.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:164 Repealed

Maximum limit on jackpot pools.** Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:165 Repealed

20:04:15 :165. Distribution of jackpot pool on last performance. Repealed.

History

Source: 14 SDR 126, effective April 3, 1988; 15 SDR 150, effective April 15, 1989; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:166 Repealed

Double quinella defined.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:167 Repealed

Calculating the double quinella.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:168 Repealed

Sale of double quinella tickets.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:169 Repealed

Payment of pool.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:170 Repealed

Payment of pool if no ticket combines winners.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:171 Repealed

20:04:15 :171. Payment if no winning ticket sold on first race. Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:172 Repealed

Payment if no winning ticket sold on second race.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:173 Repealed

Payment if only one winner picked in second race and no ticket combines the other winner.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:174 Repealed

Payment if no ticket combines either winner in second half.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:175 Repealed

Refund if greyhound scratched.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:176 Repealed

20:04:15 :176. Effect of greyhound being scratched in second race after first race is over. Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:177 Repealed

Effect of dead heats.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:178 Repealed

Refund if no winning combinations.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:179 Repealed

Payment if race canceled.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:180 Repealed

Daily triple defined.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:181 Repealed

20:04:15 :181. Calculating the daily triple. Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:182 Repealed

Entry of field of greyhounds in daily triple race forbidden.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:183 Repealed

Calculating daily triple pool if no ticket combines winners.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:184 Repealed

Calculating daily triple pool if no ticket combines winners of daily triple or winners of first two races.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:185 Repealed

Calculating daily triple pool if no ticket combines winners or has winners of first two or last two races.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:186 Repealed

Distribution of daily triple pool if no ticket includes winner of two races.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:187 Repealed

Distribution of daily triple pool if no ticket includes winner of first race.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:188 Repealed

Calculating daily triple pool if no ticket includes winner of first or second race.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:189 Repealed

Refund if no ticket requires distribution of daily triple pool.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:190 Repealed

Distribution of pool if one of daily triple races canceled.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:191 Repealed

Refund if greyhound excused from first race of daily triple.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:192 Repealed

Consolation pool if greyhound excused from second or third race of daily triple.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:193 Repealed

Calculating daily triple pool in case of dead heat.** Repealed.

History

Source: 16 SDR 162, effective April 10, 1990; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:15:194 Repealed

Payment of fees and deductions to the commission – Time frames.** Repealed.

History

Source: 25 SDR 95, effective January 20, 1999; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:17 General rules of horse racing

ARSD 20:04:17:01 Applicability

The rules in this article apply to all persons, associations, partnerships, or corporations holding or conducting a meeting within the state of South Dakota licensed by its racing commission where horse racing is permitted for a stake, purse, or reward. The rules also apply to a participant in or patron of such a licensed meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:02 Rules apply only in the state of South Dakota

The rules, unless the text otherwise requires, apply only in the state of South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:03 Awareness of amendments to rules

Every licensee shall make himself aware of any amendments to these rules.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:04 Supremacy of South Dakota laws

The laws of the state of South Dakota and the rules promulgated by the commission supersede the conditions of a race or the regulations of a race meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:05 Participants' and patrons' duty to abide by rules

Every person participating in and every patron of a licensed race meeting shall abide by the laws of South Dakota and rules of the commission and shall accept the steward's decisions on all questions to which the steward's authority extends, subject to the right of appeal to the commission. The giving of any instruction by a person that if obeyed may lead to a violation of the laws of South Dakota or the rules of the commission constitutes grounds for disciplinary action against the person who gave such instruction.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:17:06 Violators subject to ejection, fines

Violators of any rule shall be subject to ejection from the grounds, to fine or suspension, or to be ruled off.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from §20:04:03:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-57.

ARSD 20:04:17:07 Profane language forbidden

No person shall use improper, profane or indecent language to a racing official or any employee or representative of the racing commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:08 Disturbing the peace forbidden

No person shall in any manner or at any time disturb the peace or make himself obnoxious on the grounds of an association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:09 Repealed

Person convicted of a narcotic offense not permitted on grounds.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:17:10 Gambling devices prohibited

No gambling device is allowed on the grounds other than devices licensed by another regulatory board of this state. Petty games of chance are prohibited.

Cross-Reference: Rules for placement of video lottery machines -- Number limited, SDCL 42-7A-44.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(6).
Law Implemented: SDCL 42-7-56(6).

ARSD 20:04:17:11 Transferred

Transferred to § 20:04:20:67.**

ARSD 20:04:17:12 Bookmaking and betting prohibited

Bookmaking and betting within the confines of a racetrack, other than through the certificate department provided, is prohibited.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:13 Making a handbook or foreign book prohibited

No person shall make a handbook or a foreign book on the grounds of an association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:14 Solicitation of bets with a handbook or a foreign book prohibited

No person shall solicit for or bet with a handbook or a foreign book on the grounds of an association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:15 Penalty for illegal betting

A person making a handbook, betting with or through a handbook, or participating in any betting other than through the certificate department on the grounds of a racing association licensed by the commission must be ejected from the grounds of the racing association and denied readmission. His case must be reported to the state's attorney of the county in which the offense occurred for criminal action at the discretion of the state's attorney. A licensee of the commission may be fined or suspended, or both, for participating in illegal betting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:17:16 Harness races subject to trotting association rules

All harness races shall be conducted under the rules of the American Trotting Association or Union Trotting Association subject to the rules of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:75, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:17 Repealed

Running races subject to commission rules.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:76, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:17:18 Penalty for corrupt practices

The stewards or the commission shall rule off any person, whether licensed or not, who is guilty of any dishonest or corrupt practice, a fraudulent act, or other conduct detrimental to racing, including bookmaking or touting, regardless of where the conduct occurred.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:19 Offer of bribes prohibited

No person shall give, offer, or promise, directly or indirectly, either on his own behalf or on behalf of another, a bribe, gift, or gratuity in any form which would improperly influence the result of a race or which would tend to do so.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:20 Acceptance of bribes prohibited

No racing official or his assistant, owner, trainer, jockey, agent, person having charge of or access to a race horse, or any other person shall accept or offer to accept on his own behalf or on behalf of another a bribe, gift, or gratuity in any form which would influence the result of a race or which would tend to do so.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:21 Conspiring to commit corrupt practices prohibited

No person shall conspire with any other person for the commission of, or connive with any other person in, a corrupt or fraudulent practice in relation to racing, nor shall he commit such an act on his own account.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:22 Repealed

Tampering with a horse to affect speed prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:23, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:17:23 Obtaining food, shelter, and drugs without pay prohibited

An official, owner, trainer or any person licensed by the commission who obtains food, shelter, drugs, transportation, veterinary services, or supplies for himself or others, whether they are licensees or not, and fails to pay the person or persons from whom the services or supplies are obtained is guilty of conduct detrimental to the best interests of racing and may be suspended at the discretion of the stewards or the commission. Neither the association nor the commission shall collect debts owed to another person by personnel licensed by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:24 Penalty for participating in an unauthorized race

An official, owner, trainer, jockey, or other license holder who participated in any manner in an unauthorized race shall be suspended or fined.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:17:25 Maidens

At recognized tracks a horse which shows in the daily racing form of the Quarter Horse Racing Chart as never having won a race is considered a maiden. A maiden horse which has been disqualified after finishing first is still a maiden.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01, 9 SDR 122, effective March 31, 1983; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 14 SDR 126, effective April 3, 1988; transferred from subdivision 20:04:16:01(24), 15 SDR 150, effective April 15, 1989.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

Chapter 20:04:18 Commission and commission employees

ARSD 20:04:18:01 Repealed

Director to visit racetracks.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:96.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:18:02 Repealed

Director may handle minor problems.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:97, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:18:02.01 Executive secretary may hold purses

Under the following conditions, the executive secretary may instruct the bookkeeper to withhold payment of any portion of the purse of a race until the matter is resolved:

(1) If the official order of finish of a race has been appealed pursuant to § 20:04:28:22;

(2) If the director has evidence to believe that the outcome of a race may have been influenced by methods that are prohibited under this article or SDCL 42-7-56; or

(3) If a hearing or investigation is pending.

If a foul is reported to the steward, the purse and rider's fee may be withheld pending appeal to the commission.

Cross-Reference: Stewards to determine extent of disqualification, § 20:04:28:22.

History

Source: 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:18:02.02 Executive secretary to appoint head steward in an emergency

The executive secretary shall appoint a head steward in an emergency or until such time when the Gaming Commission appoints one.

History

Source: 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56, 42-7-96, 42-7-97.1.

ARSD 20:04:18:03 Repealed

Director to be available.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:98.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:18:04 Executive secretary to keep records

The executive secretary shall keep an accurate written account of his activities, time, visits to the racetracks, and expenses incurred in the performance of his duties.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:98.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:05 Repealed

Director subject to commission's authority.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:99, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:18:06 Commission may declare certain colors for certain post positions

The commission, at its discretion, may declare certain colors or parts of colors to be standard for specific post positions. The association shall supply the required colors.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:74.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:07 Commission may require facilities for testing horses

The commission may require the association to set apart a building or an enclosure in a building in a location acceptable to the commission containing the facilities for medication, drug, or other tests of horses required by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:58, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:08 Examination of personal effects of licensees -- Consent

The commission or the stewards of a licensed meeting, or both, may permit a person to enter the stables, rooms, trailers, or other places within the grounds of the association at which a licensed race meeting is held or at other tracks or places where horses are kept which are eligible to race at the meeting to inspect the personal effects and property within such places of any person who has been granted a license by the commission. Each licensee in accepting his license consents to such an inspection.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:18, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:18:09 Commission member's right to enter licensed grounds

Members of the commission and its designated representatives may enter all parts of the grounds of the association licensed to conduct horse racing in South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:10 Probationary sentences and fines

The commission may impose probationary sentences and fines on licensees. A licensee who by an overt act or by omission violates any of the rules of the commission during the period he is subject to any probationary sentence and fines may have his license revoked and fines imposed and his case referred to the commission for further action.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67, 42-7-93, 42-7-96.

ARSD 20:04:18:11 Repealed

Badges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:68, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:18:12 Presence of veterinarian required -- Qualifications

The state veterinarian is considered an official of the commission at each race meet. He must be a graduate veterinary surgeon in good standing, who is licensed to practice in the state of South Dakota. The state veterinarian must apply for and receive a license from the commission.

Cross-Reference: Appointment of officials, § 20:04:20:18.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:85, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; last sentence transferred from §20:04:18:17, 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:18:13 Transferred

Transferred to § 20:04:18:18.**

ARSD 20:04:18:14 Responsibility of veterinarian to secure specimens and to maintain records

The veterinarian shall secure specimens of saliva, urine, blood, or any other specimens from the horse or horses designated by the stewards or by the commission and shall maintain records for identification of such specimens as required by the commission. He shall secure the proper signatures, as required by the commission, of witnesses to the taking of specimens and the ultimate sealing of them for delivery to the official chemist. He shall deliver or ship all specimens to the official chemist.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:87, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:15 Delivery of specimens

All specimens taken by or under the direction of the state veterinarian shall be delivered to an official chemist designated by the South Dakota racing commission for official analysis. The specimen shall be taken by the official veterinarian and delivered to the testing laboratory under the procedure for collection, identification, and transmittal used in routine testing. Samples shall be forwarded in containers approved by the racing commission. Each specimen shall be marked by number and date and bear information essential to its proper analysis. The identity of the horse from which the specimen was taken or the identity of its owner or trainer shall not be revealed to the official chemist. The container of each specific specimen shall be sealed as soon as the specimen is placed in the container. Samples shall be frozen as soon as possible after being marked and sealed. Containers shall be disposable and shall not be reused. Urine samples shall be taken from the horse for deposit into clean transfer cups or containers.

History

Source: 7 SDR 70, effective January 27, 1981; transferred from § 20:04:04:87.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:16 Veterinarian to instruct assistants

The veterinarian shall instruct his assistants in the proper performance of their duties.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:88, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:17 Transferred

Transferred to § 20:04:18:12.**

ARSD 20:04:18:18 Duties of veterinarian

The official veterinarian shall present himself at the office of the racing secretary or stewards each racing day at a time designated by the stewards. He shall perform the duties requested of him by the stewards or by the commission or its representative.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:90, 9 SDR 122, effective March 31, 1983; transferred from § 20:04:18:13, 11 SDR 138, 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:19 Veterinarian to report scratches

The official veterinarian may scratch a horse which in his opinion is not physically capable of running to the best of its ability. He shall report to the stewards his opinion of the horse's condition and his reasons for scratching.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:91, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:20 Requirements of veterinarian -- Administration of drugs and medicine prohibited -- Records of medicaments required

If an association employs a veterinarian, he must be licensed to practice in South Dakota. A veterinarian employed by an association may not dispense an injectable drug or medicine except in emergencies. He must keep a complete record of his administration of any medicament to a horse, the names of the owner and trainer, the date and time of administration of the drug or medicament, and the nature of the medicament administered. This record must be reported immediately to the state steward and the commission. A horse so recorded must be removed from racing for three days.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:92, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:18:21 Veterinarian to observe horse before its destruction

No horse may be destroyed on the grounds of an association during a licensed performance until it has been observed by the official veterinarian. The decision to destroy the horse must be made by the owner or trainer who must communicate the decision to the official veterinarian. The owner or trainer is responsible for destruction of the horse and all costs involved in the destruction.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:93, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:18:22 Veterinarian to conduct post mortem examination

No horse which dies, is subjected to euthanasia, or breaks down for unknown causes while competing at any track licensed by the commission may be removed from the track grounds or destroyed until the official veterinarian or a veterinarian retained by the commission conducts an examination at a time and place designated by the official veterinarian to determine the cause of death or breakdown. The veterinarian shall report his findings to the executive secretary within seven days after the death of the horse.

History

Source: 7 SDR 70, effective January 27, 1981; transferred from § 20:04:04:93.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(4) (11).

ARSD 20:04:18:22.01 Licensee to report illness or death of horse

A licensee who has knowledge of a horse which dies or has an unknown or unusual illness shall report the information to the presiding steward or the director of racing.

History

Source: 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(4) (11).

ARSD 20:04:18:23 Wagering by veterinarian prohibited

No official veterinarian nor any of his assistants shall wager on the outcome of a race run on the grounds of the association of which he or they are employed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:94, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

Chapter 20:04:19 Association grounds and facilities

ARSD 20:04:19:01 Condition of licenses -- Duties of licensees

A license to hold a meeting is granted upon the condition that the licensee accepts, observes, and enforces the rules. Every officer, director, official, and employee of the licensee shall observe and enforce the rules.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-58.

ARSD 20:04:19:02 Offices in each association for commission

Each association shall provide within its grounds a clean, functional office for the use of the commission and all of its officials. The office must be secure and access must be limited to authorized persons for the conduct of state business only. Office hours must be posted for the state office.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:19:02.01 Association office

Each association shall maintain a racing office which must be staffed during posted business hours and during all racing hours. The office may be used only for the conduct of racing business. Office hours must be posted for the association office.

History

Source: 16 SDR 129, effective February 4, 1990; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:19:02.02 Provision of bulletin board

Each association shall provide a bulletin board for the purpose of posting official notices and results. The board must be placed to allow public viewing without interference with state or association business.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:19:03 Repealed

Persons excluded from paddock.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:19:04 Stands for judges, timers, and stewards

Stands for judges, timers, and stewards shall be maintained and protected from the elements in positions commanding an uninterrupted view of the entire racing strip. The stands are subject to approval by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:05 Vending of glass containers prohibited

No association may permit the vending of liquids to the customer in glass containers except in clubhouse areas where security prevents removal of the glass containers from the clubhouse areas.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:03:52, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(6).
Law Implemented: SDCL 42-7-56(6).

ARSD 20:04:19:06 Sanitation facilities for horses

20:04:19 :06. Sanitation facilities for horses. Each racing association shall provide proper and well located areas for separately receiving stable manure and other refuse. The refuse shall be removed from the premises of the association every two weeks or as directed by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:53.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:19:07 Sanitation facilities for patrons

Each racing association shall on every racing day provide and maintain toilets and drinking water facilities.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:53.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:08 Sanitation facilities for jockeys

Each racing association must provide showers and toilets for the use of jockeys.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:53.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:19:09 Track kitchen

All track kitchens operating during the period covered in any license granted by this commission shall maintain a clean and sanitary condition on the premises during all times that the facility is open for business.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:54, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:10 Duty of associations to maintain racetracks

Racing associations shall at all times maintain their racetracks in good condition and shall have available the implements needed to maintain a uniform track, weather permitting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:66.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:11 Duty of associations to provide equipment necessary for maintenance

Each association shall provide all necessary equipment, materials and employees for maintenance of the racing strip, including starter stands and rail closures, which shall be used in a straight-away race which begins beyond the stretch turn.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:66.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:12 Flood lights

Each association shall install and maintain flood lights to provide illumination of the stable area at night and such patrol or security system.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:66.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:13 Repealed

Fences.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:66.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:19:14 Repealed

The association's right to refuse stall space.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:69, 9 SDR 122, effective March 31, 1983; repealed, 11 SDR 138, 11 SDR 143, effective April 21, 1985.

ARSD 20:04:19:15 Barn stall numbering

Each barn stall shall be numbered and a record of each number filed with the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:70, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:16 Repealed

Receiving stalls.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:72, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:19:17 Colors of distance markers

All distance poles or markers shall be painted as follows:

(1) 1/4 - red and white;

(2) 1/8 - green and white;

(3) 1/16 - black and white.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:73, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:18 Duty of associations to provide first aid facility or ambulance

Each association shall provide, equip, and maintain a first aid facility or shall provide an equipped ambulance within its enclosure and shall provide for the attendance of certified emergency medical technicians during racing hours.

Cross-References: Advanced life support personnel, SDCLch 36-4B; Advanced life support, art 20:61.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:03:78, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:19 Ambulances

Racing associations shall furnish and maintain both a man ambulance and a suitable horse ambulance each day that their tracks are open for racing. The ambulance shall be equipped, ready for immediate duty, and placed at an entrance to the racing strip which is at no time obstructed by people, vehicles, or equipment.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:90, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:19:20 Repealed

20:04:19 :20. Approval required for communication devices. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:95.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:19:21 Repealed

Transmission of race results prohibited -- Exception.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:95.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:19:22 Repealed

20:04:19 :22. Private wire for commission. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:95.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:19:23 Repealed

Disconnection of communication devices during race time required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:95.04, 9 SDR 122, effective March 31, 1983; repealed, 11 SDR 138, 11 SDR 143, effective April 21, 1985.

ARSD 20:04:19:24 Repealed

Receipt of messages prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:95.05, 9 SDR 122, effective March 31, 1983; repealed, 11 SDR 138, 11 SDR 143, effective April 21, 1985.

ARSD 20:04:19:25 Association to provide communication system between starter and stewards

Each association shall provide, equip, and maintain a two-way voice communication system to provide clear and secure voice communications between the starting gate and the stewards' stand during race days and time trials.

History

Source: 13 SDR 95, effective January 11, 1987.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

Chapter 20:04:20 Association officials and employees

ARSD 20:04:20:01 Outriders

Two licensed outriders shall be mounted and on duty during racing hours. They shall be approved by and work under the direction of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:23, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:02 Associations not to furnish information to pool rooms

Associations licensed by the commission shall not furnish or permit to be furnished to pool rooms, handbooks, or their agents any information whatever in regard to racing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:03 Association to prevent illegal betting

An association conducting a race meeting pursuant to a license issued by the commission shall not permit betting within its grounds on any races conducted on any other track without the permission of the racing commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:20:04 Association to furnish names of ejected persons

Each association shall furnish the commission with the names and addresses of all persons ejected by the association from the grounds, together with the offenses alleged against them, and any other material information relating to the offenses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:05 Association to furnish police

Each association shall maintain and furnish police and watchman service as may be needed or requested by the commission. The police must be fully empowered to enforce law and order at all times.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:06 Weekly written report required -- Content

A written report shall be made to the commission annually by the general manager at each racetrack stating in detail all incidents of misconduct filed in his office. This report shall include the names and addresses of all persons picked up for drunkenness, touting, disorderly conduct, fraudulent use of passes, or other misdemeanors and shall state the charges in detail. Any expense involved in the performance of these duties shall be paid by the association.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:03:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(10).
Law Implemented: SDCL 42-7-56(10).

ARSD 20:04:20:07 Repealed

Duties of officers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:67, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:08 Duties of the bookkeeper

Each association shall have a bookkeeper, approved by the commission, who shall maintain books which reflect the deposits or other credits and withdrawals or other charges that may be made by an owner or other licensee. The bookkeeper shall have an office at the track. The office shall be open on each racing day, during the hours specified by the racing secretary. He shall furnish the reports and information required by the commission or its representative.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:77, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:09 Repealed

Duty of associations to compile and post a list of entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:79, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:10 Yearly financial statement

Within 90 days after the close of each race meet, each association licensed by the commission shall furnish to the commission a financial statement of the year's operation. The report is subject to audit by the state.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:82, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(9).
Law Implemented: SDCL 42-7-56(9).

ARSD 20:04:20:11 Penalty for improperly conducted races

The commission may revoke the license of an association that does not conduct its race meeting in conformity with SDCL 42-7 and the rules of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:83, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:12 General manager may select races -- Limit on number

The general manager may select the races which will be used from either the regular or the substitute and extra races in order to present to the public the best possible races daily. However, no more than 14 races may be run on any racing day, except by permission of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; transferred from § 20:04:03:84, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:13 Post time

Post time of the first race at each meeting must be approved by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:85, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:14 Meet fees

Fees for meets are payable at the end of the first week of racing. If a meet is shortened at the request of the licensee for some unforeseen emergency and the commission gives its consent, the unearned fee shall be refunded by the commission to those associations paying upon receipt of license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:87, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990
General Authority: SDCL 42-7-56(14).
Law Implemented: SDCL 42-7-56(14).

ARSD 20:04:20:15 Repealed

Furnishing of bond.** Repealed.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:88, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:20:16 Hours for races

An association shall conduct horse racing only between the hours of 9:00 a.m. and 11:30 p.m.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:89, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:17 Officials of the race

The officials of a race meeting are as follows: three stewards, two of whom are state stewards; assistant state stewards, as needed; clerk of scales; starter; assistant starter; handicappers; timers; paddock judges; identifier; veterinarian; racing secretary; mutuel manager; custodian of the jockey room; and not less than two outriders.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; 23 SDR 126, effective February 13, 1997; 33 SDR 63, effective October 18, 2006; 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:18 Appointment of officials

The state stewards, assistant state stewards, and state veterinarian for each race meeting shall be named by the commission and paid from the special racing fund. All other officials designated in § 20:04:20:17 shall be appointed by the association, subject to the approval of the commission. The commission may require a change of personnel for good reason, and the replacements are subject to the approval of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(10)(13).

ARSD 20:04:20:19 Association to report officials to the commission

At least 30 days prior to the first day of a race meeting the association shall submit in writing to the commission the names of all racing officials engaged for the meeting. No racing official may act until he has been approved and licensed by the commission. If an approved racing official is incapacitated, the association may, with the approval of the commission, appoint a substitute.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:19.01 List of starter assistants or gate crew and outriders required

The association shall submit a list of all starter assistants or gate crew and outriders to the state stewards at least two days prior to the first race day. Such persons must be approved by the state stewards.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:20 Penalty for an official who leaves employment without permission

An official or any other person who accepts employment with an association in this state and is licensed by the commission, and leaves employment while a race meeting is in progress without first obtaining permission from the association or the commission, or both, is subject to suspension.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:21 Combination of functions permitted

With the consent and approval of the commission, one person may serve in more than one of the official positions, if he can do so without detriment to any of the other positions.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:22 Restrictions on qualifications for officials

No one interested in the result of a race, either because of ownership of a horse entered or of his sire or dam or because of bets or otherwise, may act as a racing official for that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:23 Wagering by officials prohibited

No racing official listed in § 20:04:20:17 may wager money or any other thing of value on the result of any race at the meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:20:24 Repealed

Acceptance of gratuities by racing official prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 17 SDR 113, effective February 5, 1991.

ARSD 20:04:20:25 Official's buying and selling of contracts upon jockeys prohibited

No racing official may at the meeting, directly or indirectly, buy or sell a contract upon a jockey or apprentice jockey for himself or another.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:26 Solicitation of horse insurance by officials prohibited

No racing official may write or solicit horse insurance at the meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:27 Each official to report violations of rules

Each racing official must report to the stewards all observed violations of this article.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:28 Clerk of the scales to weigh jockeys out and in

The clerk of the scales shall weigh all jockeys out and in. All jockeys taking part in a race shall be weighed out by the clerk of the scales not less than 20 minutes before the time fixed for the race. The horse in each instance shall be specified, and the number of the horse shall be exhibited officially as soon as possible. Jockeys shall be weighed in at the conclusion of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:12.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:29 Clerk of scales to record and publish changes

The clerk of the scales shall record any overweight or any change of jockey, weight, or racing colors, as compared with those stated on the official program, and shall supply all racing officials with all pertinent changes.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:12.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:30 Clerk of the scales to report infractions of the rules

The clerk of the scales shall report to the stewards an infraction of the rules with respect to weight, weighing, or riding equipment.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:12.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:31 Repealed

Clerk of the scales to maintain and deliver records -- Content.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:12.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:32 Overweight in excess of two pounds

20:04:20 :32. Overweight in excess of two pounds. Each jockey shall be weighed in by the clerk of the scales at least 45 minutes before the time appointed for the race. The clerk shall have any overweight announced publicly. Failure by a jockey to comply with this rule shall be reported to the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:33 Handicapper to assign weights

The handicapper, who may be the racing secretary, shall assign the weights to be carried by each horse in the handicap race. After the handicapper has assigned weights to each of the horses, the handicapper shall select the horses that will be eligible for the handicap race. The handicapper shall select the horses that have been assigned the greatest weight to be eligible for the handicap race. A handicap race shall have no more than eight horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:15.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:34 Handicapper to append day and hour to the weights

The handicapper shall append to the weights for every handicap the day and hour for which winners will be liable to weight penalty.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:15.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:35 In case of no penalties

If there are no penalties to be appended to the weights, no alteration of weights may be made after publication.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:36 Handicapper to rectify omissions

In case of omission, through error, of the name or weight of a horse entered, the omission shall be rectified by the handicapper.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:37 Jockey room custodian to maintain order

The jockey room custodian shall maintain order, decorum, and cleanliness in the jockey and scale rooms.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:38 Jockey room custodian to assist the clerk of the scales

The jockey room custodian shall assist the clerk of the scales in the performance of his duties.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:39 Jockey room custodian to control access to the jockey room

The jockey room custodian shall admit no person, other than racing officials, the commission or its representatives, and the necessary jockey room attendants, to the jockey room on a day of racing without expressed permission of the stewards for each time of entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:40 Jockey room custodian to oversee the care of all racing colors

The jockey room custodian shall oversee the care and storage of all racing colors.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:41 Jockey room custodian to oversee the jockey attendants

The jockey room custodian shall oversee the jockey attendants and arrange their rotation among the jockeys in the matter of weighing out.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:42 Jockey room custodian to prevent unlicensed attendants from assisting jockeys

The jockey room custodian shall see that no jockey attendant not approved by the stewards and licensed by the commission is permitted to assist a jockey at any time. A jockey attendant must be at least 14 years of age.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:20:43 Jockey room custodian to report irregularities

The jockey room custodian shall report to the stewards any irregularities that occur in or near the jockey room.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:44 Jockey room custodian to oversee the appearance of the jockeys

The jockey room custodian shall see to it that jockeys are neat in appearance and attired in keeping with the rules when they leave the rooms to ride in a race.

Cross-Reference: Jockey's racing appearance, § 20:04:22:14.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:18.08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:45 Paddock judge to exclude unnecessary persons from paddock

The paddock judge shall exclude from the paddock all of those persons not licensed by the commission and those persons who have no immediate business with the horses entered, except the members of the commission, its staff and special representatives, and those having special permission from the commission or association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:27.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:46 Paddock judge to keep an equipment record

The paddock judge shall keep a record of all equipment carried by all horses in all races under his jurisdiction, permitting no change in equipment not authorized by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:27.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:47 Restrictions on horse shoes

A horse starting in a race may not be shod with ordinary or training shoes nor may the horse run without shoes unless the stewards give permission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:27.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:48 Paddock judge to check the order the horses leave the paddock

The paddock judge shall require each horse to leave the paddock for the post in numerical order with the correct saddle cloth number prominently displayed and require each jockey to wear the correct colors.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:27.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:49 Paddock judge to report irregularities

The paddock judge shall report any irregularities to the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:27.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:50 Use of ponies permitted

The paddock judge may permit a horse to be led to the post with a privately owned pony, upon payment of the fee established by the association. This permission shall conform with the policy established by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:51 Repealed

Qualifications for patrol judges.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:20:52 Determination of number of patrol judges

The stewards shall determine the number of patrol judges needed and shall direct the placing of the patrol judges at points of vantage about the racetrack.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:53 Repealed

Placing judges to place and record winning horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:04:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:54 Announcement of decision of stewards

The stewards shall announce their placing decisions without delay and shall have the numbers of the first four horses displayed in the order of their finish. Their decisions are final, unless objection to the winner or any horse placed within the purse is made and sustained. This rule does not prevent the stewards from correcting a mistake.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:04:32.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:55 Decision when stewards differ

When the stewards differ, the majority governs after inspecting a photograph of the finish to aid in their decision. At all times when the winning range is less than half a length and at other times when the horses are widely spaced across the track, a photograph, if available, shall be inspected and a copy of it posted for public observation.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:04:32.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:56 Use of camera to aid stewards

On all tracks a camera shall be installed as an aid to the stewards; however, in all cases, the camera is only an aid and the decision of the stewards is final. The type of equipment used must have the approval of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:04:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:57 Approval of photographer by commission

On all tracks, the operator of the camera taking pictures of the finish approaching the finish post and the winners of the race shall be approved by the commission. In all cases where a still picture is taken, the operator shall direct his camera at a point away from the finish line unless special permission is granted by the stewards of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:58 Requirements for photography

No photographer, other than the official licensed photographer, is permitted on the track unless special permission is granted by the stewards or the commission. The stewards or the commission shall indicate which pictures may be taken and where the pictures may be taken.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:59 Motion pictures

An association shall at all times during races furnish and maintain at its track the necessary cameras and equipment to produce motion pictures of every race from start to finish. The films of all races must be retained by the association for at least one year and must at all times be available to the commission. No movies of any race may be shown during the meeting without permission of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:97, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:60 File for film

All associations shall keep on file for the duration of the meeting and for one month thereafter each plate or film or finished picture of each race for reference or reproduction upon request of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:61 Repealed

Placing judges to advise clerk of scales of race finish.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:41, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:62 Racing secretary to assure eligibility of entries

The racing secretary shall assure that every entered horse is eligible for the race as outlined in the conditions of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:42.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:63 Racing secretary to keep a record of all races

The racing secretary shall keep a complete record of all races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:42.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:64 Racing secretary to assign stabling

The racing secretary shall assign stabling to applicants.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:42.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:65 Racing secretary to maintain a record of all races won

The racing secretary shall maintain an accurate record of all races won and shall indicate the information on the Jockey Club certificate or the American Quarter Horse Association official race record.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:42.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:66 Racing secretary to compile an official program

Racing secretary to compile official program.** The racing secretary shall compile an official program for each racing day which states the time fixed for the race and gives the names of the horses which are to run in each of the races of the day. The racing secretary is responsible for the accuracy of the program.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:42.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:66.01 Association or racing secretary may employ outside assistance for preparation of racing program

20:04:20 :66.01. Association or racing secretary may employ outside assistance for preparation of racing program. The racing secretary or the association may employ an outside business or person to assist in the preparation of the racing program.

History

Source: 16 SDR 129, effective February 4, 1990; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:67 Contents of official program

The official program shall indicate the order in which each race is to be run; the purse, conditions, and distance of each race; the owner, trainer, and jockey of each horse; the weight assigned to each horse; the horse's number and post position, color, sex, age, breeding, and racing colors. The names of the members of the commission, commission officials, and all racing officials and the pertinent certificate rules shall be printed on the program. The program may show other pertinent data as requested by the commission or association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:68 Racing secretary to receive entries, declarations, and other money

The racing secretary shall receive all entries and declarations, and he or the horseman's bookkeeper shall receive all stakes; forfeits; fines; entrance money; fees, including jockey's fees; purchase money in claiming races; and all other money that can properly come into his possession as agent for the association for which he is acting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:44, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:69 Racing secretary to pay over money due

The racing secretary shall pay over, when due, all money collected by him to those persons entitled to receive it.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:45, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:70 Racing secretary to post a list of the entries

Each morning, as soon as the entries have been closed and compiled and the declarations have been made and approved by the stewards, the racing secretary shall post in a conspicuous place in his office a list of the entries. A newspaper desiring the list shall be furnished a copy. A copy of the overnight entries marked to reveal the starters and eliminate all declarations shall be prepared for the mutuel manager and delivered to him at once.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:46, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:71 Repealed

Right of racing secretary to choose races.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:47, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:72 Racing secretary to deliver copy of stakes program to commission

At least 30 days before taking entries for the first day of racing, the racing secretary shall submit to the commission a copy of the stakes program, the first issue of the condition book for approval, and all subsequent issues of the condition book.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:48, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:73 Starter or approved deputy to start race

Only the starter or a deputy approved by the stewards and the commission may start a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:49, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:74 Starter in case of emergency

In case of emergency a starter may be appointed by the stewards. Such an emergency appointment may not exist for more than three racing days without commission approval.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:50.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:75 Repealed

Powers of the starter.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:50.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:76 Repealed

Finality of the starter's decision.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:50.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:20:77 Starter assistants

Each track shall hire and have available for each race at least four starter assistants who are approved by the state stewards.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:51, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:78 Heading or tailing permitted

Each track may establish its own rules subject to approval of the state stewards governing heading and tailing, including heading and tailing of horses, by trainers and owners or their licensed employees.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:51.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:79 Use of abusive language prohibited

Neither the starter nor his assistants may mistreat a jockey or use abusive language to him. A jockey may not mistreat his horse or use abusive language to the starter or his assistants.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:52, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:80 Receipt of benefits by starter prohibited -- Wager by starter prohibited

No person may give to a starter or assistant starter nor may a starter or assistant starter receive money, anything of value, or other compensation for the starter's or assistant starter's services in connection with the running of a race. No starter or assistant starter may either directly or indirectly bet on a race, engage in a betting transaction, or have an interest in a horse. This rule does not apply to salaries received from associations or to races which are simulcast from another track.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:53, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:81 Excuse of injured horse from starting post

If, after reaching the starting post, a horse is so badly injured that it is impractical or impossible for the horse to run in a race, the starter or official veterinarian may recommend to the stewards that the horse be scratched. If a horse is scratched, the start must be delayed until the mutuel department is notified and a change of odds is made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:55, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:82 Right of starter to scratch unruly horses

If the starter or his assistants are unable after reasonable efforts to place a horse in the gate for a satisfactory start, or if the horse is mean or unruly, the starter may order that horse scratched. The horse shall be denied the right of future entry until reinstated by the starter or stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:83 Delay in alignment of horses at the post

If the alignment of the horses at the post is delayed, the starter may permit jockeys to dismount and their mounts to be attended.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:57, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:84 Starter to notify stewards when a horse is locked in the gate

If a horse is locked in the gate, the starter shall immediately notify the stewards, who in turn shall immediately notify the manager of the pari-mutuel department. If no head on file is available for stewards to view, the starter is the sole judge of what horses are prevented from starting in a race through failure of gates to open simultaneously.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:58, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:85 Starter to load horses into starting gate

The starter shall load horses into the starting gate in order of post position except in cases of emergency or by prior permission of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:54, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:86 Starter to report cause of delay

The starter shall report to the stewards the cause of any delay and any cases of misconduct by jockeys under his orders.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:59, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:87 Starter to maintain schooling list

The starter shall maintain a schooling list, and all horses on the list shall be schooled to the starting gate under the personal supervision of the starter or his assistants.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:60.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:88 Horse on schooling list ineligible until stricken from list

A horse on the schooling list is not eligible to be entered or to start until the starter or the stewards order the name stricken from the list.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:60.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:89 Authority of starter and stewards to designate schooling list

Only the starter or stewards may designate the horses which constitute the schooling list.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:60.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:90 Starter to file schooling list

The starter shall file a copy of the schooling list with the racing secretary and the presiding state steward.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:60.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:91 Starter to report when horse on schooling list is permitted to start

The starter shall report to the racing secretary and stewards as soon as a horse on the schooling list has been schooled sufficiently to be permitted to start.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:60.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:92 Starter's orders to be obeyed

All jockeys, trainers, owners, grooms, and assistant starters must obey the orders of the starter during the loading of the starting gate and the starting of the race. The starter shall give all orders and take all measures necessary to ensure a fair start. Persons who do not comply with the starter's orders may be fined or suspended or both.

History

Source: 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:93 Approval of the starting ability of all two-year-olds required

The approval of the starting ability of any two-year-old shall be obtained from the starter or a state steward before the horse is permitted to start. The approving official shall state whether whip or blinders or both were used in schooling.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:64.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 107, effective February 2, 2003.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:94 Approval required for older horses which have never started

The approval of the starter or a state steward shall be obtained for any older horse which has never started at a recognized meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:64.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 107, effective February 2, 2003.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:95 False starts void

A false start is void and the horses shall be started again as soon as practical. A horse running the course from a false start may be excused from the true race by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:65, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:96 Timers to determine official time

One or more timers shall determine the official time of each race. The time recorded for the first horse to cross the finish line is the official time of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:83.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:97 Use of electrical timing devices

If an electric timing device is used, all time trials shall also be hand timed by the timers. Any electrical timing device used must be approved by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:83.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:98 Announcement of official time

The official time of a race shall be announced or displayed, or both, as soon as the race is declared official.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:83.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:99 Timer to report official time to clerk of scales

A report of the official time of each race shall be made to the clerk of the scales for the reports maintained by him.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:83.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:100 Timer to follow rules provided by the American Quarter Horse Racing Association

In a race which is run under the jurisdiction of the American Quarter Horse Racing Association, the timers shall comply in detail with the rules of timing provided by the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:84, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:20:101 Repealed

Association required to offer South Dakota bred race.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:08:41, 9 SDR 122, effective March 31, 1983; 10 SDR 83, repealed February 5, 1984.

ARSD 20:04:20:102 Safety vests

The starter, all outriders and all assistant starters shall wear properly secured safety vests at all times while performing their duties. The safety vests shall be provided by the association and must comply with one of the following minimum standards:

(1) British Equestrian Trade Association (BETA) 2000 Level 1;

(2) American Society for Testing and Materials (ASTM) F2681-08 or F1937; or

(3) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3.

No safety vests may be altered in any manner nor may any product marking be removed or defaced.

History

Source: 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:20:103 Duties of the outriders

20 : 04 : 20 : 103 . Duties of the outriders. The outriders shall instruct the jockeys and pony riders to proceed directly to the starting gate when ordered by the stewards.

If a jockey becomes unseated or is unable to control a horse, an outrider shall take whatever action, in the outrider's sole discretion, is appropriate to protect the health and safety of the people and horses on the race track.

All jockeys, owners, trainers, grooms and pony riders must obey the orders of an outrider while horses are on the race track except during the loading of the starting gate and the starting of the race when those persons must obey the orders of the starter as required in ARSD 20:04:20:92. Any owner or other licensee who does not comply with the outriders' orders may be fined or suspended or both.

No outrider may use abusive or profane language while in the conduct.of the outrider's duties.

Cross Reference: Starter's orders to be obeyed, § 20:04:20:92.

History

Source: 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

Chapter 20:04:21 Owners, trainers, and grooms

ARSD 20:04:21:01 Owners and trainers subject to rules

All owners and trainers of horses and their stable employees are subject to SDCL 42-7 and the rules in this article immediately upon acceptance and occupancy of stabling accommodations from, or approved by, an association or upon making entry to run on its track. The owner, trainers, and stable employees shall accept the decision of the stewards on all questions to which their authority extends, subject to the right of appeal to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:01.01 Ownership

An interest in the winnings of a horse does not constitute part ownership of that horse. A husband and wife acting together are considered one owner, but each spouse must have a separate owner's license.

Cross-Reference: Definition of owner, § 20:04:31:01(44).

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01, 9 SDR 122, effective March 31, 1983; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 14 SDR 126, effective April 3, 1988; transferred from subdivision 20:04:16:01(28), 15 SDR 150, effective April 15, 1989; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:21:02 Repealed

Horse owned by suspended person ineligible for races -- Reinstatement.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:03 Owners and trainers responsible for visitors

Owners and trainers are responsible for all minors, their employees, their children, or visitors who accompany them to the stable area and are subject to penalty for the misconduct of any of these persons while they are in the stable area.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:04 Repealed

Owner's, trainer's, or licensee's penalty for illegal betting.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:05 Owner's, trainer's, or licensee's penalty for soliciting bets

If an owner, trainer, stable employee, another licensee of the commission, or any other person solicits bets to be made on horses by correspondence or any other method, the person or licensee shall be ruled off the course and denied admission to any racetrack in South Dakota.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:25.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:06 Trainer or jockey working without a license -- Emergencies -- Suspensions

In case of emergency, a trainer or jockey may be permitted by the stewards to pursue his vocation pending action upon his application; but a jockey or trainer who was suspended or ruled off and subsequently reinstated after the expiration of his license may not pursue his vocation until a license has been granted.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:21:07 Purse money to be paid to registered owners

No purse money earned by horses may be paid to anyone except their registered owners or their registered authorized agents.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:08 Deductions from winnings prohibited -- Exception

No percentage of winnings may be deducted by an association for another person, club, or body unless the person to whom such winnings are payable requests it. However, an association may withhold from winnings any money due it.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:38.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(9).
Law Implemented: SDCL 42-7-56(9).

ARSD 20:04:21:09 Cleaning the stalls

All used bedding and manure shall be removed from the stalls daily and shall be deposited at a place designated by the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:55, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:10 Repealed

Feed to be covered.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:21:11 Transferred

Transferred to § 20:04:21:41.**

ARSD 20:04:21:12 Repealed

Employment of unlicensed persons prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:71, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:13 Registration of colors

Each owner may register a set of racing colors under the fee that covers his owner's license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:74.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:14 Trainer responsible for condition of horse

The trainer shall be responsible for and be the absolute insurer of the condition of the horse he enters regardless of the acts of other parties.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:15 Duty of owner, trainer, and groom to protect horse

The owner, trainer, groom, and any other person having charge, custody, or care of horses racing on a track in South Dakota shall protect the horses against the administration or attempted administration of a drug, narcotic, stimulant, depressant, or local anesthetic which, in the opinion of the stewards of the meeting or the commission, could affect the racing condition of a horse; and against the use of an electrical, mechanical, or other appliance which might affect a horse's speed in a race. Failure to protect a horse against these things may result in a penalty by the stewards and referral to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:16 Information to be furnished by corporations

Corporations racing horses in South Dakota shall furnish the following information to the commission and judges:

(1) A statement giving the names of all persons connected with the corporation, including officers, directors, and stockholders;

(2) A certificate stating that no person connected with the corporation, including officers, directors, or stockholders, has any beneficial interest in a horse or horses running in his name or in a person or persons racing at the same track where the corporation-owned horse or horses are running;

(3) The name of one individual, preferably an officer, who acts as agent for the corporation.

Cross-Reference: Licensing requirements for corporations, § 20:04:21:20.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:21:17 Liabilities of persons listed in the corporation

All persons listed in the corporation statement are liable for entry fees and penalties against horses raced by the corporation.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:18 Effect of the suspension of a person listed in the corporation

If one of the persons listed in the corporation statement is suspended, all horses owned by the corporation are suspended.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:19 Persons holding beneficial interest

Each of the persons holding a beneficial interest in the corporation must be in good standing in racing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:20 Licensing requirements for corporations

All corporations must be licensed by the commission. In addition, each beneficial stockholder or member of the corporation must apply for an owner's license.

Cross-Reference: License fee schedule, § 20:04:29:13.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:06:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:21:21 Filing requirements -- Penalties for failure to file

All the stockholders or members of a corporation which leases horses for racing purposes in South Dakota and all such corporations shall file with the commission when requested reports containing information specified by the commission. The commission may refuse or revoke a license to a lessee of such a corporation upon refusal or failure to file a report.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:22 Licensing requirement for partnerships

All partnerships must be licensed by the commission. In addition, each member of a partnership must apply for an owner's license.

Cross-Reference: License fee schedule, § 20:04:29:13.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:21:23 Partnership to have authorized agent

A partnership shall appoint an authorized agent to represent it in all matters. Only the authorized agent may withdraw money or sign claims for the partnership. All members of a partnership shall sign the notarized instrument which appoints an authorized agent.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:24 Information required in partnership papers

Partnership papers shall set forth the following:

(1) The name and address of every person having an interest in the horse or horses involved;

(2) The relative proportions of such interests;

(3) To whom the winnings are payable;

(4) In whose name the horse or horses shall run;

(5) With whom the power of entry and declaration rests;

(6) The terms of any contingency, lease, or other arrangement.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:25 Signing of partnership papers

All of the parties or the authorized agent shall sign all partnership papers.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:26 Emergency authority to sign

In cases of emergency, authority to sign a declaration of partnership may be given to the commission by facsimile or by telegram confirmed in writing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:27 Assignment of a part owner's share

The part owner of a horse cannot assign his share or any part of it without the written consent of the other partners which is filed with the commission and the director of racing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:28 Alteration of a recorded partnership

An alteration in a recorded partnership registration, to be effective, shall be reported in writing to the commission and signed by all the partners.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:29 Liability of a partnership

All of the parties to a partnership are jointly and severally liable for all stakes, forfeits, and other obligations.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:30 Repealed

Authorized agents to be licensed.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:31 Application for license

An authorized agent shall file an application for a license for each owner represented. A written instrument signed by the owner shall accompany the application and shall clearly set forth among the delegated powers whether or not the agent is empowered to collect money from the association. If so, the owner's signature must be notarized.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:32 Power of attorney filed with application

If the written instrument is a power of attorney, it shall be filed permanently with the commission, attached to the regular application form.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:33 Filing requirement for changes

Any changes in the application for license of an authorized agent must be in writing and filed as provided in § 20:04:21:32.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:18, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:34 Expiration of license

The license of an authorized agent expires December 31 of each year, unless the agent's appointment is revoked by the owner or the license is revoked by the commission prior to that date.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:19, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:35 Owner's revocation

An owner's revocation of an authorized agent's appointment shall be in writing, sworn to before a notary public, and filed with the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:36 License requirement -- Content

Each owner must obtain a license from the commission and must register all of the owner's horses with the racing secretary, giving the name, color, sex, age, and breeding of each horse. An owner may receive a temporary license if the owner is unable to be present at the track.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:21:37 Owners and trainers prohibited from employing jockeys to prevent their riding

No owner or trainer may employ a jockey for the purpose of preventing him from riding in a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:23, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; requirement of trainer transferred from §20:04:21:61, 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:38 Acceptance of bribes by owners and trainers prohibited

No owner or trainer may accept, directly or indirectly, a bribe, gift, or gratuity in any form that might influence or tend to influence the result of a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:39 Permission required to move a horse

No owner or trainer may move any of his horses or permit them to be moved from the grounds of an association without permission of the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; requirement for trainer to have permission transferred from §20:04:21:60, 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:40 Permission required to change a trainer

Permission required to change trainer.** If an owner changes the trainer, the owner shall secure permission of the stewards and notify the racing secretary, who shall then transfer the horse's papers to the new trainer's file.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:41 Report of sickness

An owner or trainer shall report all deaths or sickness of his horses to the racing secretary and to the presiding state steward.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from §§ 20:04:21:11 and 20:04:21:62, 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:21:42 Penalty for owner's failure to pay jockey fee

The owner of a horse which is prevented from starting in a race because of the owner's failure to pay the jockey fee for that race or because of arrears against the owner or his horse is liable for any declaration fee, and he and his horse shall be suspended until the fees are paid.

Declaratory Ruling: A state racing steward is permitted to authorize a horse race to be run prior to the payment of jockey fees if payment of the jockey fees is appropriately guaranteed before the race. South Dakota Commission on Gaming Declaratory Ruling dated November 13, 1991.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:43 Licensing requirement for stable personnel

Each person working for a stable must be licensed by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:21:44 Repealed

Limit on number of trainers.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 112, effective January 11, 2010.

ARSD 20:04:21:45 Limit on number of lessees of an owner

An owner may not lease a horse or horses to more than one lessee at a racetrack, nor may he race against his own leased horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:46 Lessee licensed as owner not considered an owner

A lessee who has been licensed as an owner for racing purposes is not considered an owner and is not entitled to claiming privileges.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:47 License requirement for trainers

Each trainer shall obtain a license from the commission, listing on the application for license all the names of owners or part owners of all horses trained by him.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:21:48 Repealed

Trainer's registration under stable name prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:49 Powers of a trainer pending action on a license

The stewards may permit a trainer to act as a trainer pending action on his application for license but under no circumstances shall his name appear on a program as trainer nor shall he enter the paddock prior to a race until the license has been issued.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:50 Substitute trainer required

When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days and his horses are entered or are to be entered, he must provide a licensed trainer to assume the complete responsibility of the horses he is entering or running. The licensed substitute trainer shall sign in the presence of the stewards a form furnished by the commission accepting complete responsibility of the horse or horses being entered or running.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:51 Extent of a trainer's power to represent an owner

A licensed trainer may represent the owner in the matter of entries, declarations, and the employment of jockeys, but may not withdraw any money from the association either in his own name or that of an owner or contract obligations against the account of an owner or part owner unless he is the authorized agent of the owner or part owner and has an authorized agent's license issued by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:52 Repealed

Trainer to have horse in the paddock.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:53 Authority implied if trainer absent

If for any reason the trainer of a horse is not or cannot be present at the time of collection of urine, the commission shall consider that the person actually in charge of the horse is authorized and employed to witness the taking and sealing of the specimen and has the trainer's authority to sign as witness to the action.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:21:54 Trainer to attend and supervise his horse

A trainer shall attend to the trainer's horse in the paddock and shall be present to supervise the saddling, unless the trainer has obtained the permission of a steward to send another licensed designee as a substitute. The trainer shall also be present following the running of a race to attend to the horse or have a licensed employee present for that purpose. If the horse is a winner, or otherwise selected for testing, the trainer, owner, or licensed designee shall take possession of the horse and immediately accompany the horse to the designated area for testing. The trainer, owner, or licensed designee shall remain with the horse until the sample has been obtained and must witness the sampling and sealing of the sample for delivery to the chemist. The witness must sign his or her name on the form supplied.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 20, 1992; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(4)(13).
Law Implemented: SDCL 42-7-56(4)(13).

ARSD 20:04:21:55 Registration requirement for a trainer's charges

Each trainer shall register with the racing secretary all the horses in his charge giving the name, age, sex, breeding, and ownership of each. A horse stabled on the grounds of the association or under the jurisdiction of the association without having been registered or occupying a stall not assigned for him, unless by special permission, is cause for disciplinary action.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:42, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:56 Repealed

Registration requirement for a trainer's employees.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:57 Repealed

Restrictions on horse owned by a jockey.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:44, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:58 Supervision of horse owned by disqualified person prohibited

A trainer shall not have in charge or under his supervision a horse owned, in whole or in part, by a disqualified person.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:45, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:59 Repealed

Accepting bribes prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:46, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:21:60 Transferred

Transferred to § 20:04:21:39.**

ARSD 20:04:21:61 Transferred

Transferred to § 20:04:21:37.**

ARSD 20:04:21:62 Transferred

Transferred to § 20:04:21:41.**

ARSD 20:04:21:63 Filing requirements of all ownerships in a horse

Filing requirement of all ownerships in a horse.** All ownerships in a horse, except a trainer's percentage of his winnings, shall be filed with the racing secretary before the horse starts. Every change in ownership during the meeting shall be filed with the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:21:64 Repealed

Breeder to register South Dakota-bred horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:38, 9 SDR 122, effective March 31, 1983; repealed, 12 SDR 108, effective January 8, 1986.

ARSD 20:04:21:65 Owner to register South Dakota-bred horse

The owner of a South Dakota-bred horse shall register the horse with the commission by filing a breeder's certificate furnished by the commission. No money or other benefits derived from the South Dakota-bred racing fund shall be awarded to a horse which is not registered by close of business of the first racing day of the meeting at which the benefits are derived.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:39, 9 SDR 122, effective March 31, 1983; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

Chapter 20:04:22 Jockeys, apprentices, and agents

ARSD 20:04:22:01 Limit of the overweight

Each association may establish the limit of the overweight a horse is allowed to carry during a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:02 Overweight maximum

20:04:22 :02. Overweight maximum. The actual riding weight of all jockeys shall be made known to the public on the official program or by public announcement.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:61, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; exception for weight affected by the elements transferred from § 20:04:22:72, 16 SDR 129, effective February 4, 1990; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:03 Being part owner or trainer of a horse in which a jockey has an interest prohibited

No person may be part owner or trainer of a horse in which a jockey has an interest.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:04 Repealed

Making bet for the account of a jockey prohibited -- Exception.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:22:05 Giving a jockey a benefit for a race prohibited -- Exception

No person may offer or give a jockey money or any other benefit for a race, unless that person is the owner or trainer of the horse ridden in the race by the jockey.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:06 Betting by jockey's attendant prohibited

No jockey's attendant may make a bet on a race nor shall he place a bet for anyone else.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:07 License requirement of a jockey

Each jockey and apprentice jockey shall obtain a license from the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:50, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:22:08 Age requirement of a jockey

No person under 16 years may be granted a jockey's license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:51, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:09 Temporary license of a jockey

Upon the advice of the stewards, the commission may issue a temporary license to a person who has never ridden in a race which will allow him to ride in two races. If approved by the stewards, the commission may issue a permanent license to replace the temporary license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:52, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:22:10 Jockey not to ride in race in which a horse is running in which he has financial interest

A jockey who owns a race horse or a jockey who possesses a financial interest in a race horse shall not ride in a race at a racetrack in which the race horse runs.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:53.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:11 Consent of jockey's owner or trainer required

A jockey shall not ride or agree to ride in a race without the consent of the owner or trainer to whom he is under contract.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:54, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:12 Duty of jockey to fulfill engagements -- Penalty for failure to fulfill engagement

Jockeys shall fulfill all engagements unless excused by the stewards. Inability to fulfill engagements shall be reported to and receive the approval of the stewards. Unless excused by the stewards, a jockey, who has given a call personally or through his agent, who fails to fulfill an engagement shall be fined at least $100 and may not accept another mount or be assigned by the stewards to another mount in that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:55, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:13 Restrictions on jockey riding against a starter of his employer

A jockey may not ride in a race against a starter of his contract employer unless his mount and his contract employer's starter are both in the hands of the same trainer.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:14 Jockey's racing appearance

In riding a race, a jockey must be neat in appearance. All riders must be dressed in clean jockey costume, cap, breeches, and top boots. In all races, jockeys must wear safety helmets and safety vests. A safety vest may weigh no more than two pounds and must be designed to provide shock-absorbing protection to the upper body of at least a rating of five, as defined by the British Equestrian Trade Association (BETA) in "BETA Specification for Body Protectors for Equestrian Use," Second Edition, June 1992. The weight of the helmets and vests may not be included in the jockey's weight.

Reference: BETA Specification for Body Protectors for Equestrian Use, Second Edition, 1992, British Equestrian Trade Association. Copies may be obtained free of charge from The British Equestrian Trade Association, Wothersome Grange, Bramham, Wetherby, West Yorkshire LS23 6LY. Telephone: (0532) 892267 Fax: (0532) 893352.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:57, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 113, effective January 23, 1994; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:15 Repealed

Jockey's number.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:58, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:22:16 Jockeys to report before races

Jockey to report before races.** Each jockey who is engaged to ride in a race shall report to the jockey quarters not less than one hour before post time for the first race. He shall then report his engagements and overweight, if any, to the clerk of scales. After reporting, the jockey shall not leave the jockey room except to view the races from a point approved by the stewards or to ride in a race until all of his engagements of the day have been fulfilled and he is dismissed by the stewards. The stewards may in their discretion permit jockeys engaged for later races to report at a later hour.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:59, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:17 Physical examination of jockeys required

All jockeys shall pass a physical examination at least once a year by a licensed medical doctor or licensed chiropractor. The stewards may require that any jockey be reexamined. If a jockey has passed such an examination prior to the jockey's appearance at a track in this state, the jockey shall present a physical fitness card signed by the examining doctor or chiropractor that shows the date upon which the examination was made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:60, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:18 Betting by jockeys prohibited

No jockey may make a bet on any race or accept the promise or the token of a bet, for the race in which he is riding, except through or from the owner or trainer of the horse he rides and then only on that horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:61, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:19 Jockeys' riding fees

It shall be the responsibility of the horsemen and jockeys to establish a formula for jockey fees subject to the approval of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:62.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:20 When the fee is earned

When the fee is earned.** A jockey's fee shall be considered earned when the jockey enters the paddock for the race at the call of an official. The fee for a losing mount shall be paid if the horse is scratched by the stewards or the starter. The fee shall be forfeited by a jockey who removes himself or herself from a horse which is not scratched by the officials, unless the jockey is excused by the officials.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:62.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:21 Fees in an engagement conflict

If an owner or trainer elects to remove a jockey from a mount after naming a rider at scratch time, the stewards shall require a double jockey fee to be paid if the named rider is available to ride in that race. The fee paid to the jockey who was removed from the mount is equal to that earned by the jockey who rode the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:62.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:22 Repealed

Engagement slips.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:62.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 30 SDR 115, effective February 1, 2004; repealed, 33 SDR 63, effective October 18, 2006.

ARSD 20:04:22:23 Fees in a dead heat

In a dead heat the two or more jockeys involved shall divide equally the total of the fees they would have received individually had one beaten the others. The owners of the horses involved shall pay their equal share.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:62.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:24 When suspension of a jockey takes effect

The suspension of a jockey for an offense not involving fraud begins on the following day after the ruling, unless otherwise ordered by the stewards. A suspension for fraud begins immediately after the ruling.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:63, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:25 Effect of a suspension

A jockey who is under suspension may not fulfill any engagements including stakes races. A jockey under suspension in another state may not ride in South Dakota during the suspension.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:64, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:26 Limit on number of jockey agents

A jockey may have only one agent. All engagements to ride, other than those for his contract employer, shall be made by himself or his agent; however, the one making the engagements is responsible for the proper maintenance of the engagement book.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:65, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:27 Allowable actions of a suspended jockey

A jockey temporarily suspended may exercise or gallop horses during the morning hours and lodge on the grounds of the association at night.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:66, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:28 Payment of a jockey's fine

A fine must be paid by the jockey himself. Any other person paying it is subject to penalty.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:67, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:29 Jockey attendants

No jockey may have an attendant other than those provided by the association. Such attendants shall be paid from an assessment collected from the jockeys.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:68, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:30 Restriction on jockeys in racing colors

No jockey in racing colors may enter the betting area.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:69, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:31 License requirement for jockey apprentices

Jockey apprentices shall obtain a license from the commission and shall be bound by all of the rules for jockeys, except for those rules that are in conflict with the following specific rules for apprentices.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:70, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:22:32 Form for apprentice contracts

Apprentice contracts entered into shall be made on forms supplied by the commission, and a copy, along with a record of birth, shall be filed permanently with the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:71, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:33 Force and effect of original jockey apprentice contract

The original apprentice jockey contract shall be kept in full force and effect throughout its contract period. All amendments to the contract shall be made a part of and either added to or attached to the copies in possession of the parties. A copy of the amendments shall be sent to the commission where the original contract is filed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:72, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:34 Registration of transfer of apprentice contract

If an apprentice contract is transferred, the transfer shall be registered with the commission by both the transferor and the transferee.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:74, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:35 Prerequisite for hiring an apprentice

No owner or trainer may enter into a contract in South Dakota with an apprentice jockey nor may an apprentice jockey be licensed unless the contract employer is in control or possession of a stable of horses that would, in the opinion of the stewards, warrant the employment of an apprentice.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:75, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; reference to licensing transferred from §20:04:22:36, 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:36 Transferred

Transferred to § 20:04:22:35.**

ARSD 20:04:22:37 Information required for an apprentice license

An application for a license as apprentice jockey shall be accompanied by:

(1) An original, a notarized, or a photostatic copy of his agreement with his contract employer; and

(2) Evidence of date of birth.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:77, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:38 Engagements of an apprentice

Any engagement of an apprentice jockey to ride other than those for the jockey's contract employer shall be made by the jockey, the jockey's agent, or the jockey's contract employer. The contract employer may act as the jockey's agent without a license as an agent.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:79, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:39 Definition of apprentice - Apprentice weight allowances

20:04:22 :39. Definition of apprentice -- Apprentice weight allowances. An apprentice is a person who has of his or her own free will bound himself or herself by written contract to an owner or trainer for not less than 3 or more than 5 years. The contract must be approved by and shall be filed with the commission. A contract made for less than 5 years is subject to written extension. If the person is under 18, the apprentice must have the written consent of the apprentice's parents or guardian.

After one year of service with a racing stable, an apprentice may claim a 5-pound weight allowance in all overnight races except handicaps. The apprentice may continue this allowance for one year from the date of the apprentice's fifth winner. If the apprentice has not ridden 40 winners in this year, the apprentice may continue the allowance for one more year or until the apprentice has ridden 40 winners, whichever comes first.

If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of the apprentice's fifth winning mount because of service in the armed forces of the United States or because of physical disability, the commission may extend the time during which the apprentice weight allowance may be claimed for no longer than the time the apprentice jockey is unable to ride.

An allowance under this rule must be claimed at the time of entry and may be waived by the trainer or the trainer's designee with consent of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:80, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:40 Publication requirement for races used in determining the apprentice allowance

Only races reported in the daily racing form or an equivalent publication may be considered in determining a person's right to the apprentice allowance.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:81, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:41 No allowance for quarter horse races

An apprentice jockey may ride in a race in which quarter horses are eligible to start, but may not claim apprentice allowance in such a race. The riding of the winner of such a race shall not be considered in computing the expiration of his right to claim apprentice allowance in races restricted to thoroughbreds and included in the monthly chart book of the daily racing form.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:82, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:42 Effect of losing an apprentice allowance

A licensed apprentice who loses his apprentice allowance for any reason shall obtain a jockey license before being permitted to ride again. A jockey or apprentice jockey shall continue with his jockey agent until he notifies the stewards, in writing, of the change of his agent.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:83, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:43 Jockey to ride to win

All jockeys shall give their best efforts in races in which they ride. No person may instruct or advise a jockey to ride or handle his mount otherwise than for the purpose of winning. Persons giving or following such instructions or advice are subject to disciplinary action by the stewards and commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:93, 9 SDR 122, effective March 31, 1983; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:44 License requirement for jockey agents

Each jockey agent shall obtain a license from the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:84, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:22:45 Agent may act pending license application decision

The stewards may permit a jockey agent applicant to act pending the decision on his application for a license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:85, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:46 Limit on the number of an agent's jockeys, apprentices, journeymen

No jockey agent may handle at the same time more than one jockey and one apprentice, nor shall he make or assist in the making of an engagement for any rider other than those he is licensed to represent. However, a jockey agent may represent two journeymen providing the conditions justify and upon the approval of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:86, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:47 Permission required for a jockey agent to exceed his license

If, for good reason, a jockey agent is short of his permissible quota of jockeys and wishes to take on the task of making engagements for a rider not named in his license, he shall obtain permission from the stewards before making such engagements.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:87, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:48 Notice required for a jockey agent to give up making engagements

If a jockey agent gives up the making of engagements for a rider, he shall immediately notify the stewards and the director of racing and shall turn over to the stewards a list of any unfilled engagements he may have made for that rider.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:05:06:88, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:49 Restriction on communications by jockeys

Under no circumstances shall jockey agents communicate with their jockeys during racing hours except through the stewards to notify the jockeys of late riding engagements. Jockeys shall not communicate with any person outside the paddock or jockeys' quarters until all of their riding engagements for that day have been fulfilled or unless permission is granted by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:89, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:50 Approved engagement books required

All jockey agents shall have in their possession at all times engagement books approved by the stewards. All engagements made for jockeys by agents shall be recorded in these books. Books are subject to examination by the stewards at all times.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:90, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:51 Ticket from jockey agent required

When an owner or trainer engages the services of a jockey through a jockey agent, he shall obtain a ticket from the jockey agent specifying whether or not he has first or second call on the services of the jockey. Such calls shall be declared at the time of entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:91, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:52 Persons eligible to make engagements for a jockey or apprentice

No person other than an owner, trainer, jockey agent or authorized agent of an owner in good standing may make engagements for an apprentice jockey or a jockey. However, a jockey not represented by an agent may make his own arrangements.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:92, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:53 Jockey agents to file calls

Before each day's entries are taken, jockey agents shall file their first, second, and third calls in each race in the racing secretary's office with a person designated by the stewards. If during the time entries are being taken, an agent should lose or pick up a call, he shall immediately add these calls to the ones previously filed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:93, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:54 Stewards to decide conflicting claims for jockey services

Conflicting claims for the services of a jockey shall be decided by the stewards, and first call shall have priority.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:94, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:55 Giving information by a jockey agent prohibited

A jockey agent may not give to anyone, directly or indirectly, any information or advice pertaining to a race or engage in the practice commonly known as touting for the purpose of influencing or tending to influence a person in the making of a wager on the result of a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:95, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:56 Penalty for falsifying records

An agent who falsifies his record shall be suspended by the stewards and his case referred to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:96, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:57 Burden on jockey agent to explain rival claims

Jockey agents shall explain rival claims for a mount or for a rider. An inability to satisfy the stewards that the rival claim arose through honest bona fide error shall be considered a falsification of records.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:97, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:58 Jockey agents excluded from the paddock

Jockey agents are not allowed in the paddock at anytime, except by special permission from the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:98, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:59 Penalty for exceeding jockey agent license

Acting as a jockey's agent without first applying for a license to do so or exceeding the authority or the privileges granted after having been licensed shall subject a person to fine or suspension or both at the discretion of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:99, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:60 Time for weighing out -- Substitutes

The specified jockeys shall be weighed out for their respective mounts in each race by the clerk of the scales at least 20 minutes before the time fixed for the race. In case of a substitution of riders after the original rider has been weighed out, the substitute rider shall be weighed as promptly as possible, and the name of the substitute and his weight publicly announced.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:58, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:61 Exclusions from jockey's weight

None of the following items should be included in a jockey's weight: whip or whip substitute, head number, bridle, bit reins, blinkers, number cloth, safety vest, over-girth, breast collar, or safety helmet.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:59, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:62 Deposit of the jockey fee required

No jockey, except when riding for his contract employer, may be weighed out for a race unless there has been deposited for him or guaranteed to him, with the horsemen's bookkeeper, his fee for a losing mount in the race. The failure to deposit or guarantee the fee for the engaged jockey may be cause for declaring the horse out of the race and the owner or trainer may be penalized by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:62, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:63 Weighing in of jockeys after race

Weighing in of jockey's after race.** After a race has been run and after the jockey has pulled up the horse he has ridden, the jockey shall ride promptly to the stand, dismount, and present himself to the clerk of the scales to be weighed in.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:64 Excuse from weighing in

If a jockey is prevented from riding his mount to the stand because of an accident to or the illness of either himself or his horse, he may walk or be carried to the scales, or he may be excused by the stewards from weighing in. The jockey may not ride a horse that is bleeding profusely or crippled by a broken bone past the public stands, nor may he attempt to lead him or have him led past the public stands.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:65 Repealed

Unsaddling the horse.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 43 SDR 79, effective December 5, 2016.

ARSD 20:04:22:66 Repealed

Assisting a jockey with removal of equipment forbidden.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 79, effective December 5, 2016.

ARSD 20:04:22:67 Covering a horse before equipment removed forbidden

No person may throw a covering over a horse at the place of dismounting until the jockey has removed the equipment that is to be included in his weight.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:68 Repealed

Jockey forbidden to touch anything before weighing in.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:63.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 79, effective December 5, 2016.

ARSD 20:04:22:69 License for jockey attendants required

The association shall provide the only attendants who may assist jockeys in weighing out or at any other time while the jockeys are performing their duties. The jockey attendants must be approved by the state steward and must be licensed. Jockey attendants must be at least 14 years of age.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:64, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:22:70 Weighing in with all equipment required

Each jockey shall, in weighing in, carry over to the scales all pieces of equipment with which he weighed out. Thereafter he may hand the equipment to his attendant.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:65, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:71 Maximum weight shortage allowed

Each jockey shall weigh in at the same weight as that at which he weighed out. If a jockey's weight is short by more than two pounds, his mount shall be disqualified.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:66.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:22:72 Transferred

Transferred to § 20:04:22:02.**

Chapter 20:04:23 Weights and equipment

ARSD 20:04:23:01 Bridle and whip weight and length

No bridle may exceed two pounds in weight unless approved by the stewards. No whip or substitute for a whip may exceed eight ounces in weight and it shall be at least 26 inches but not more than 30 inches in length unless approved by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:60, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:23:02 Use of certain shoes prohibited -- Exception

A horse starting in a race may not be shod with ordinary or training shoes except by permission of the stewards. No shoes with toe grabs greater than two millimeters may be worn on the front hooves of horses while racing or training on any racing surfaces.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:23:02.01 Trainers to see that horses are shod

Trainers shall insure that horses starting in a race under their care are properly shod.

History

Source: 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:03 Use of electrical or mechanical devices other than whip prohibited

No electrical or mechanical device or other expedient designed to increase or decrease or tend to increase or decrease the speed of a horse other than the ordinary whip, may be possessed by anyone or applied by anyone to a horse at anytime on the grounds of an association during a meeting, whether in a race or otherwise.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:04 Penalties and allowances not cumulative

Penalties and allowances are not cumulative, unless so declared by the conditions of the race, and shall take effect at the time of starting. However, in overnight events a horse shall have only the allowance to which it was entitled at the time of entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:67.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:05 Penalties obligatory -- Allowances optional

Penalties are obligatory. All or any part of allowances are optional and in overnight events they must be claimed at the time of entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:67.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:06 Repealed

Allowances to produce of untried horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:67.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:23:07 No allowances for losing races

No horse may receive allowance of weight or be relieved from extra weight for having been beaten in one or more races. This rule does not prohibit maiden allowance or allowances to horses that have not won a race within a specified period or a race of a specified value.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:67.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:08 No disqualification for failure to claim a weight through oversight

Failure to claim a weight allowance by oversight or omission is not cause for disqualification. Claims of weight allowance to which a horse is not entitled shall not disqualify unless the incorrect weight is carried in the race. However, a fine may be imposed upon the person claiming allowance to which his horse is not entitled.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:68, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:09 Determination of penalties and allowances

Eligibility, penalties, and allowances of weight for all races will be determined after considering the reports, records, and statistics published by the daily racing form and other racing statistical publications, but responsibility for weight carried and eligibility remain with the owner and trainer.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:69, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:10 No penalty for a disqualification from a placement

No horse shall incur a weight penalty for placement from which he is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. No such placement shall make a horse ineligible to a race which has already been run.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:70, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:11 Liability for penalties in disputed race

If a race is in dispute, both the horse that finished first and any other horse that might be declared the winner if the original winner is disqualified from the race are liable to all penalties attaching to the winner of that race until the matter is decided.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:71, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:12 Weight scale for weight races

Races written to be run under scale of weights or weight for age shall be run under the weights as provided for in the scale of weights chart maintained by the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:13 Racing secretary may write races above or below scale

The racing secretary may write races either above or below scale of weights as he sees fit.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:14 Repealed

Weights for races of intermediate lengths.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:23:15 Allowances

In all thoroughbred races except handicaps and races where the conditions expressly state to the contrary, fillies, two years old, are allowed three pounds, and mares, three years old and up, are allowed five pounds before the first of September and three pounds after.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:16 Repealed

Welter weights.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:23:17 Minimum weights

Minimum weight.** Minimum weight in all overnight races for two-year-olds, for three-year-olds, or for four-year-olds and up is 112 pounds, subject to sex and apprentice allowance. This rule does not apply to handicaps or to races written for three-year-olds and up.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:72.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:18 Equipment changes

Permission for any change of equipment from that which a horse carried in his last race may be obtained only from the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:98.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:19 Permission required to change use of a tongue tie

Permission to use or discontinue the use of a tongue tie must be secured from the stewards. 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 or replace or repair a tongue tie.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:98.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:20 Repealed

Use of plastic bridles and reins prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:98.04, 9 SDR 122, effective March 31, 1983; repealed, 10 SDR 83, effective February 5, 1984.

ARSD 20:04:23:21 Use of whip or blinkers

Whips or blinkers may be used on two-year-olds and other first starters if they are schooled before the starter with such equipment and their use is approved by him and the stewards before time of entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:98.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:21.01 Whip to be used for safety, correction, and encouragement only

The whip may only be used for safety, correction, and encouragement of the horse. Each jockey shall consider the following when using the whip:

(1) Showing the horse the whip and giving the horse time to respond before hitting the horse;

(2) Having used the whip, giving the horse a chance to respond before using the whip again; and

(3) Using the whip in rhythm with the horse's stride.

History

Source: 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:23:21.02 Prohibited use of the whip

No jockey may use a whip:

(1) On the head, flanks, or any other part of the horse's body except the shoulders or hindquarters unless necessary to control the horse;

(2) During the post parade or after the finish of the race unless necessary to control the horse;

(3) In a manner that causes welts or breaks the skin of the horse;

(4) When the horse is clearly out of the race or has obtained its maximum placing;

(5) Persistently, even if the horse is showing no response under the whip; or

(6) To strike another horse or person.

History

Source: 35 SDR 184, effective February 2, 2009.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:23:22 Change in the use of blinkers

Permission to add blinkers to a horse's equipment or to discontinue the use of them must be approved by the starter before being granted by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:98.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:23:23 Numbers required

20:04:23 :23. Numbers required. In a race, each horse shall carry a conspicuous saddlecloth number corresponding to the number on the official program. Each horse making up an entry shall carry the same number, and saddlecloth, with a distinguishing letter.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:76, 9 SDR 122, effective March 23, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13)
Law Implemented: SDCL 42-7-56(13)

Chapter 20:04:24 Entries, starts, declarations, and scratches

ARSD 20:04:24:01 Calculating the value of a series of races

In estimating the value of a series of races in which an extra sum of money or prize is won by winning two or more races, the extra sum or prize shall be estimated in the last race by which it was finally won.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:38.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:02 Disposition of surpluses

In all races, any surplus from entries or subscriptions over the advertised value shall be paid to the winner, unless it is stated by the conditions of the race that it is to go to the other horses in the race. If the condition of a race provides that a bonus or prize be paid to a person in the forfeit list, the bonus or prize shall be applied to the payment of the forfeits, and the balance, if any, shall be paid to the person.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:03 Computation of winnings in a stakes race

The winnings of a horse in a stakes race shall be computed on the value of the gross earnings.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:38.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:04 Calculating foreign winnings

In calculating foreign winnings, the current rate of exchange at the time of such winnings shall be adopted.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:38.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:05 Prizes not included

The value of prizes not in money will not be estimated in the value of the race to the winner.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:38.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:06 Acknowledgement at stake nominations

Racing associations shall make prompt written acknowledgement of stake nominations and subscriptions.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:19, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:07 Calculating the value of a race

The value of a race to a winner shall be computed by deducting from the sum total of the prize money the amount of the winner's fees and the money payable to other horses or persons, except jockey's fees, thus arriving at the net money winnings.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:45, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:08 Calculating the winnings

Winnings shall include all net money won in all countries up to the time appointed for the start, including walkovers and forfeits but not second and third money or the value of a prize not in money.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:46, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:09 Time period for computing winnings

Winnings during a year shall be reckoned from January first of that year.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:47, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:10 Winner defined

Winner or nonwinner of a specified sum means winner, or nonwinner of a single race of that value to the winner, unless otherwise stated.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:48, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:11 Computing the value of a series of races

In computing the value of a series of races in which an extra sum of money is won by the winning of two or more races of the series, the extra amount shall not be included in the horse's winnings until the series, or that part of it, is finished and the extra amount is definitely ascertainable. When ascertained, it shall be added to the race which determined the extra amount.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:49, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:12 Repealed

Calculating foreign winnings.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from §20:04:03:50, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:24:13 Payment of winnings

The entrance money and the starting and subscription fees in each race shall go to the winner of that race unless otherwise provided in its conditions. When a race is not run for any cause all stakes or entrance money paid shall be returned.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:51, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:14 Effect of abandonment on purse races

If the whole or a part of a racing program is abandoned, any purse race involved must be declared off.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:91.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:15 Effect of abandonment on stakes races

If the whole or a part of a racing program is abandoned, any stakes race involved must be postponed or declared off.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:91.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:16 Refund of money when stakes races called off

If a stakes race is declared off, all subscriptions and fees paid in connection with the finals of that race shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:91.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:17 Eligibility requirements for quarter horses

Only quarter horses registered with the American Quarter Horse Association are eligible to race on South Dakota tracks. Foal certificates must be registered and deposited in the office of the racing secretary before entry can be made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:92, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:18 Qualifications of grader for graded races

No graded races may be run unless the grader for the races has been recommended by the American Quarter Horse Association and approved by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:93, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:19 Disclosure required on stable name

In applying to race under a stable name, the applicant must disclose the identity or the identities behind the stable name. If a partnership is involved in the identity behind a stable name, the rules covering partnerships must be complied with in detail.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:20 Approval required for changes in identity

Changes in identities behind stable names must be reported immediately to and be approved by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:21 Registering another registered name prohibited

A person may not register as his stable name one which has been registered by another person with an association conducting a recognized meeting or with the Jockey Club, New York, or another racing authority.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:22 Cancellation of a stable name

A person who has been registered under a stable name may cancel it at any time after he has given written notarized notice to the commission.

History

Source: 5 SDR 87, effective April 15, 1979 transferred from § 20:04:03:94.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:23 Registering another's real name prohibited

A person may not register as his stable name one which is the real name of an owner of race horses or one which is the real or stable name of a prominent person who does not own race horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:24 Limitation on registration

A person may not register more than one stable name at the same time, nor may he use his real name for racing purposes as long as he has a registered stable name.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:25 Leased horse racing under stable name prohibited

A leased horse may not race under a stable name.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:26 Use of stable name by trainer

A trainer who is a licensed owner or part owner may use a stable name as owner or part owner, provided he is the trainer for the stable name owner. However, no trainer may be licensed as a trainer other than in his legal name.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:27 Distinguishability of stable names required

A stable name shall be plainly distinguishable from that of another name registered as a stable name. When appearing on the program, the stable name shall be accompanied by the legal name of the owner. If the stable name has more than one owner, one legal name of an owner shall appear followed by the term "et al."

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:28 Corporate name as a stable name

A corporate name shall be considered a stable name for the purpose of this article, but the commission reserves the right to refuse any corporation the privilege of registering a stable name and racing as a corporation.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:29 Use of stable name for advertising purposes prohibited

No stable name may be used for advertising purposes.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:30 When an authorized agent required

If more than one person races with a stable name registered as the owner, an authorized agent shall be appointed and he shall transact all business.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:94.13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:31 Entering ineligible horse prohibited

No person may enter, or cause to be entered, or start a horse which is ineligible or disqualified.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:32 Receiving benefits for declaring an entry from a race prohibited

No person may offer or receive money or any other benefit for declaring an entry from a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:33 Transfer of horses to avoid ineligibility prohibited

No transfer of a horse may be made for the purpose of avoiding ineligibility or disqualification.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:33.01 Transfer of horse ownership during race meet

A transfer of the ownership of a horse, including a claimed horse, during a race meet must be approved by the presiding state steward or the executive secretary.

History

Source: 17 SDR 113, effective February 5, 1991; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:34 Restrictions on the entries of a horse

A person may not enter or start a horse that:

(1) Is not in serviceably sound racing condition;

(2) Has been trachea-tubed;

(3) Has been "nerved," except that the registration or entry of a horse on which a posterior digital heel nerve neurectomy or permanent block has been performed may be accepted if the condition is reported to the racing secretary at the time of registration or, if the horse is already registered in, at the time of the operation. The racing secretary shall make such information available to other licensees and cause the foal certificate to be stamped indicating such an operation has been performed. A horse so nerved must have an examination and approval by the official veterinarian before being entered to start;

(4) Has been needled or otherwise treated with Novocain, a local anesthetic, or medicine of any kind or description within 24 hours before the start of the race;

(5) Has been given in any manner a stimulant, depressant, hypnotic, narcotic drug, or other drug of any kind or description within 24 hours before the race except for Phenylbutazone (Butazolidin), Arquel, Motrin, Naprosen, and Furosemide (lasix) as provided by §§ 20:04:27:13 to 20:04:27:14, inclusive;

(6) Has been given a food or beverage containing caffeine or theobromine within 24 hours before participating in a race;

(7) Is blind in one eye, except by special permission of the board of stewards;

(8) Is blind in both eyes; or

(9) Does not have a legible lip tattoo number applied. The stewards may waive this requirement if the horse is otherwise correctly identified to the stewards' satisfaction.

Cross-References: Use of certain drugs authorized, § 20:04:27:13; Restrictions on use of authorized drugs, § 20:04:27:14.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 189, effective July 11, 1996; 23 SDR 126, effective February 13, 1997; 25 SDR 172, effective July 11, 1999.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:24:35 Starter required to be properly entered

A horse is not qualified to start in a race unless he has been and continues to be properly entered in the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:36 Person authorized to receive entries

20:04:24 :36. Person authorized to receive entries. The racing secretary or the racing secretary's assistant are the only persons authorized to receive entries for all races. The original registration papers must be in the secretary's office prior to the start of the race unless permission is received from the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.02, 9 SDR 122, effective March 31, 1983; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 70, effective October 20, 2010; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:37 Form of entries

20:04:24 :37. Form of entries. Entries shall be made by the owner of the horse, the owner's authorized agent, the trainer of the horse, or a person designated by the owner or trainer. Each association shall provide blank forms on which entries are to be made. Entries shall be signed by the person who makes or accepts the entry.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:38 Who may enter a horse

To enter a horse in a race as an owner, a person must own an interest greater than or equal to the interest held by each other individual owner.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 29 SDR 107, effective February 2, 2003.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:39 Joint subscriptions

Joint subscriptions and entries may be made by any one or more of the owners. However, all partners are jointly and separately liable for all fees and forfeits.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:40 Required information for entering a horse

20:04:24 :40. Required information for entering a horse. The person entering a horse shall clearly identify it by stating its age, name, color, and whether it is a horse, mare, or gelding.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:41 Officials may require proof that a horse's owner is not disqualified

The racing officials may require 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 a person who is disqualified or to produce proof of the extent of his interest or property in the horse. If proof is not given to their satisfaction, the racing officials may declare the horse out of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:42 No requirement of notice or reason for refusal of an entry

The entries of a person or the transfer of an entry may be refused without either notice or reason being given.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:43 Repealed

Implied agreement to accept steward's decisions.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:01.09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:24:44 Registration requirement -- Exception

No horse may enter or start in a race unless the horse is registered and named with the registry office of the Jockey Club, New York, the registry office of the American Quarter Horse Association, Amarillo, Texas, registry office of the American Paint Horse Association, Fort Worth, Texas, or the registry office of the Appaloosa Horse Club, Moscow, Idaho, and the certificate of registration is on file with the racing secretary. Exceptions may be made if a horse has been shipped to a track for a special race and the horse has been racing at another recognized meeting, but only after positive identification has been made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 47, effective October 13, 1999.
General Authority: SDCL 42-7-56(12(13).
Law Implemented: SDCL 42-7-56(12)(13).

ARSD 20:04:24:45 Change of horse's name

If a horse's name is changed, the new name shall be registered with the Jockey Club, New York, the American Quarter Horse Association, Amarillo, Texas, the American Paint Horse Association, Fort Worth, Texas, or the Appaloosa Horse Club, Moscow, Idaho. No entry may be accepted until a new certificate of registration has been issued.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 47, effective October 13, 1999.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-56(12)(13).

ARSD 20:04:24:46 Repealed

Certificate of registration required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:24:47 Care and saddling requirements of a starter

No horse may enter or start unless he is in the care of a licensed trainer and is saddled by a licensed trainer or valet.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:48 Stabling requirements of a starting horse

No horse may enter or start unless it is stabled on the grounds of the association or in stabling approved by the commission. Horses shipped in to the track may be entered upon approval of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:49 Registration of true ownership required

No horse may start whose name and true ownership is not registered with the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:50 True name of a horse's owner on the entry required

The entry of a horse must be in the name of his true owner.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:51 Filing requirement for all claims on a horse

The holder of a claim, whether it be a mortgage, bill of sale, or lien of any kind against a horse, shall file the claim with the racing secretary previous to the time the horse is entered. Failure to do so shall forfeit his rights in the winnings of the horse previous to the time his claim is filed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:52 Eligibility requirement for a horse to compete

To compete in a race, a horse must be eligible at the time of starting that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:53 Horse limited to one race a day

A horse is limited to entry in one race on a single day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:54 Entry of a horse owned by a partnership

A horse involved in a partnership may not enter or start until the rules for the registration of partnerships have been complied with.

Cross-Reference: Licensing requirement for partnerships, § 20:04:21:22.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:55 Repealed

Disqualification of a horse owned by a disqualified person.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:17.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:24:56 Entry of disqualified horse void

If an entry from a disqualified person or a disqualified horse is received, the entry is void. Any money paid for the entry shall be forfeited unless the disqualification is disclosed before scratch time for the race. Any money forfeited pursuant to this section shall be included in the total purse of the race in which the horse was entered.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:17.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:57 Entering or starting a disqualified horse prohibited

No disqualified horse may enter or start in a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:17.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:58 Horse on schooling list disqualified

A horse on the schooling list is not qualified to be entered or to start.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:18.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:59 Horse on veterinarian's list disqualified

A horse on the veterinarian's list is not qualified to be entered or to start until it is removed from the list by the state veterinarian. A horse placed on the veterinarian's list must remain on the list for at least three calendar days.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:18.02, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:60 Entry by a spouse of disqualified person void

Entry by spouse of disqualified person void.** No entry may be accepted from husband or wife while either is disqualified except with the permission of the stewards. Permission shall be granted to the nondisqualified spouse, unless the stewards determine in their discretion that the nondisqualified spouse was involved in wrongdoing dealing with the disqualification. For the purpose of this article, husband and wife shall be considered as one unless legally separated and evidence of such separation is on file with the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:17.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 125, effective January 29, 2007.
General Authority: SDCL 42-7-56(8)(13).
Law Implemented: SDCL 42-7-56(8)(13).

ARSD 20:04:24:61 Age limit on starting horse -- Exception

No horse is qualified to be entered or to start after it reaches the age of 13; however, if a horse has won, placed, or shown at least one race during the preceding year on a track recognized by the commission, then it may, by permission of the stewards, be permitted to be entered and to start.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:19, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:62 Sale of horse to disqualified person

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

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:63 Entry of horse owned by a person in arrears not allowed

No horse may be entered or start in a race if the owner of that horse is in arrears, except with the approval of the racing secretary or stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:64 Repealed

20:04:24 :64. Horses entered for a purse must be starters. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 39 SDR 119, effective January 8, 2013.

ARSD 20:04:24:65 Entry limit on number of horses of same ownership -- Exceptions

20:04:24 :65. Entry limit on number of horses of same ownership -- Exceptions. No more than two horses of the same ownership or interest may be entered in a purse race, and both may start, with the following exceptions:

(1) When making an entry, the trainer shall express a preference. In no case may two horses start as an entry even though uncoupled for wagering purposes if it deprives a single entry from starting;

(2) All fees paid for a horse remaining eligible in stakes but eliminated because of this section shall be refunded;

(3) A stakes race may be cancelled by the association or sponsoring organization prior to the actual running with no obligation except to follow the conditions of the race. When the conditions make no provision to the contrary, all fees shall be returned to the owners of horses entered, subject to the following provisions:

(a) Associations may retain up to 10 percent of the fees paid to cover actual expenses;

(b) No fees may be returned to owners of horses which were scratched for reasons other than injury; and

(c) The owners of the remaining eligible horses which have passed the entry box shall divide the fees paid by owners of nonentered horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:23, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:66 Time trials exception

When a race is filled as a result of time trials, there is no limit on the number of horses a single owner or trainer may run in that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:23.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:67 Double entries

20:04:24 :67. Double entries. Two entries of the same ownership may be uncoupled for wagering purposes. A trainer may enter two horses, separately owned, for wagering purposes. One of the horses must be preferred. If the race overfills, only one horse may start. If the race does not overfill, both horses may start and run as separate interests.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:68 Determination of starters in divided races

In divided races, the starters in the separate divisions shall be determined by lot.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:69 Repealed

20:04:24 :69. Daily double entries. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 126, effective April 3, 1988; repealed, 39 SDR 119, effective January 8, 2013.

ARSD 20:04:24:70 Right of racing secretary to change an unclosed race

The racing secretary may withdraw or change an unclosed race; however, a race appearing in the condition book, unless contrary to the rules of racing, shall be given an opportunity to fill as it was written before being withdrawn or changed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:71 Right of racing secretary to split overnight race

If a race is declared off because of insufficient entries, the racing secretary may split an overnight race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:72 Entry in a sweepstakes

An entry of a horse in a sweepstakes is a subscription to the sweepstakes. An entry or subscription may, before the time of closing, be altered or withdrawn.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:73 Requirement of payment of fees before a horse becomes a starter

A horse shall not become a starter for a race unless all stakes or entrance money payable for that race has been paid.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:74 Refund of money for a horse prevented from racing

If a horse is locked in the gate and if the conditions of that race include fees of any kind nominating or starting, such fees shall be returned to the owner of a horse so prevented from participating in that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:75 Liability of nominator for stakes

The nominator is liable for the entrance money or stake, and the death of a horse or a mistake in its entry when eligible does not release the subscriber or transferee from liability for stakes. The entrance money to a purse that is run off shall not be returned on the death of a horse or its failure to start for any cause whatever.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:76 Closing of entries

Entries shall be closed at an advertised time, and no entry accepted thereafter. The racing secretary, however, may postpone closing of overnight races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:34.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:77 Closing of entries for sweepstakes

In the absence of notice to the contrary, entrance and declarations for sweepstakes, which close during or on the eve of a race meeting, close at the office of the racing secretary, who shall make provision therefor. Closing at all other times for sweepstakes shall be at the office of the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:34.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:78 Assignment of positions

The stewards or licensed officials appointed by them shall draw all entries and assign post positions for all races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:34.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:79 Closing of entries after designated or undesignated hour

When an hour for closing is designated, entries and declarations for sweepstakes shall not be received afterwards. If an hour is not designated, they may be mailed or telegraphed up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:34.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:80 Proof of miscarriage of entry required

If a miscarriage of an entry or declaration in a stake is alleged satisfactory, proof that it was mailed or telegraphed shall be presented to the board of stewards by closing time of entries or it shall not be received.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:81 Racing secretary to compile entries

Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:82 Determining starters and post positions

If the number of entries to an overnight race is in excess of the number of horses that may, because of track limitations, be permitted to start, the starters for the race shall be determined by lot in the presence of those making entries and the post positions shall be in the order in which they are drawn. The same method shall be employed to determine the starters and post positions in split races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:83 Limit on the number of competing horses

In stakes races, the number of horses to compete shall be limited to the horses nominated but not more than the number of stalls in the starting gate. No more than eight horses may compete on a one-half mile track unless special permission is granted by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:84 Scratching a horse from an overnight event

A trainer who has entered a horse in an overnight event may scratch his entry from the race at scratch time until there remain in the race only eight interests. If there are more requests to withdraw than are available, permission to withdraw shall be decided by lot. In all races involving the daily double no entry may be withdrawn that would reduce the starting field to less than eight interests without permission of the stewards. No other entries will be excused except as provided in this section or upon receipt of a veterinarian's certificate of unfitness, change of track conditions since time of entry, or other causes acceptable to the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:54, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:85 A horse sold with engagements

When a horse is sold with its engagements or any part of them, the seller may not declare it out of any of the engagements. If the horse is sold by private treaty, both parties shall acknowledge in writing that the horse was sold with only the engagements specified. When the horse is sold by public auction, the advertised conditions of the sale are sufficient evidence that only the engagements specified were sold with the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:55.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:86 Repealed

A horse sold without engagements.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:55.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:24:87 Eligibility requirements of a transferred horse

If a horse is transferred with its engagements, the horse is not eligible to start in a race unless the transfer of the horse and its engagements are presented by the purchaser or trainer when requested by the racing secretary or stewards at the meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:88 Penalty for transferring a horse to avoid disqualification

If a transfer of a horse or its engagements is made for the purpose of avoiding disqualification, the person making or receiving the transfer may be fined or ruled off.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:57, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:89 Naming an entry for a produce race

In naming an entry for a produce race, the produce is entered by specifying the dam and sire or sires.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:90 Entry of a certain mare void

If a mare entered in a produce race drops her foal before January first, if she has a dead foal or more than one foal, or if she is barren, the entry of the mare is void.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:91 Return of entrance money

Entrance money in a produce race shall be returned if the nominator or transferee notifies the association of proper grounds for voiding an entry in advance of the date specified for notice in the conditions of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:92 Time for claiming weight allowances

20:04:24 :92. Time for claiming weight allowances. All weight allowance must be claimed at the time of entry. A weight allowance may be waived at the time of entry by the trainer or trainer's designee with the permission of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:93 Effect of failure to register a foal

Failure to register a foal shall not exempt the nominator from any liability he may incur under this article.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:94 Repealed

Release of nominator from liability.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:24:95 Effect of insufficient entries in South Dakota bred race

20:04:24 :95. Effect of insufficient entries in South Dakota bred race. If a South Dakota bred race fails to attract sufficient separate qualified entries, the race shall be cancelled.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:08:42, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:96 Purse money added from the breeders fund

Money added to the purse of each race from the breeders fund shall be approved by the commission, along with the dates of running such races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:97 State stewards approve conditions of races to which money from breeders fund has been added

The state stewards shall approve the distance provisions, eligibility requirements, and any other conditions of a race to which purse money has been added from the breeders fund.

History

Source: 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:98 Qualification of leased horses

A leased horse may not participate in a race written for South Dakota owned horses unless both the lessee and lessor meet the conditions required in this chapter.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:46, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:99 Fees to be paid before a horse may start

No horse may start for a race and no jockey may be weighed out for a horse until the following fees have been paid or guaranteed to the association or the horsemen's bookkeeper:

(1) Any stake or entrance money due from the owner for that race; and

(2) The jockey's fee.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:100 Alterations after close of entries forbidden

No alteration may be made in an entry after closing of entries, but an error may be corrected.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:101 Entry of horse excused for illness

Entry of a horse excused for illness.** The entry of a horse which has been excused from starting because of sickness or physical disability shall not be accepted for 48 hours after the excuse except upon approval of the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:41, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:102 Name of jockey required

Upon making an entry, every owner or trainer shall give the name of the jockey who rides his horse. If this is not possible, he shall furnish it not later than scratch time.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:42.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:103 Appointing a jockey when none named

If no jockey has been named by scratch time, the stewards shall name a rider. If the named rider is not willing to accept the call, the rider shall promptly notify the clerk of scales upon reporting to the jockeys room.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:42.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:104 Change of jockeys

A change of a jockey must be approved by the stewards and must be promptly posted and announced.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:42.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:105 "Also eligible" horses

20:04:24 :105. "Also eligible" horses. If the entries of a purse race exceed the capacity of the starting gate and the race is not to be divided, up to four of those not drawn may be placed on the overnight sheet as "also eligible."

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:43.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:106 Effect of not declaring a horse from the also eligible list

An owner or trainer who does not declare his horse from the also eligible list by the time prescribed shall be considered to be willing to start his horse in the event of a scratch from the body of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:43.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:107 Post position of a horse from the also eligible list

Thoroughbred horses which gain a position in a race from the also eligible list shall take the outside post position in the order drawn from the also eligibles. Quarter horses which gain a position in a straightaway race from the also eligible list shall take the position of the horse they replace.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; transferred from § 20:04:07:43.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:108 Effect of no declarations on also eligible horses

If there are no declarations of horses having drawn a post position in a race and a scratch card is deposited for a horse listed as also eligible in that race, the also eligible horse shall lose all preference, but shall not be considered as an "in today" horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:43.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:109 Definition of "in today" horse

A horse which has drawn a position in a race and enters again on the next day that entries are taken is an "in today" horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:44, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:110 Notification requirement

If a horse is entered as an "in today" horse, notification on entry blank must be made by owner or trainer when entering.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:45, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:111 Repealed

Overfilled entries.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:46, 9 SDR 122, effective March 31, 1983; repealed, 12 SDR 108, effective January 8, 1986.

ARSD 20:04:24:112 Also eligible horse not an "in today" horse until given post position

A horse on the also eligible list shall not be considered as an "in today" horse until it has actually been drawn into the race and given a post position.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:47, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:113 Effect of entry of an also eligible horse on the following day

A horse drawn as an also eligible may be reentered the following day. If it draws a post position in a race, it becomes an automatic scratch from the also eligible list for the previous day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:48, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:114 Preference system

Each racing association shall provide a preference system before the beginning of each race meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:49.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:115 Repealed

Posting of the preferred list.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:49.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:24:116 Entry of horses on the preferred list

A claim of preference must be made at time of entry of horses on the preferred list and the claim noted on the entry blank or the preference shall be lost. No claim of error will be considered by the stewards if the person making the entry has signed the unmarked entry blank.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:49.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:117 Loss of position on preferred list

If a scratch card is deposited for a horse listed as also eligible, the horse shall lose its position on the preferred list.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:49.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:118 Notice requirement for scratches

20:04:24 :118. Notice requirement for scratches. No horse may be considered scratched or declared out of an engagement until the owner or the owner's authorized agent or some person designated by the owner has given notice in writing to a state steward before the time stipulated by the regulations of the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:50, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 53, effective October 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:119 Repealed

Naming through entry box for stake races required.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:51, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:24:120 Irrevocability of declaring a horse out

The declaration of a horse out of an engagement is irrevocable.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:52, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:121 Burden of proof of miscarriage of declaration

If the miscarriage of a declaration, by mail or otherwise, is alleged, satisfactory proof of the miscarriage is required of the complainant; otherwise, the declaration shall not be accepted as of the time alleged.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:53, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:122 When matches are not allowed or are void

If prior to the running of the race either of the horses entered in the match dies, or if either owner dies, the match is void. It remains a match even if money or any other award is added to the stakes. Matches are not allowed in South Dakota unless by special permission of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01(34)(h), 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:24:123 Ineligible list

20 : 04 : 24 : 123 . Ineligible list. Any horse which is scratched from a race after being brought to the paddock or did not finish a race which the horse started shall be placed on an ineligible list. The ineligible list shall be maintained by the presiding steward. Any horse placed on the ineligible list is not eligible for entry in a future race unless the horse has been removed from the ineligible list by the presiding steward. The presiding steward may rely on recommendations from the starter, paddock judge, or the commission veterinarian in making a determination to remove a horse from the ineligible list.

History

Source: 43 SDR 79, effective December 5, 2016.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:24:124 Workouts required for eligibility

20 : 04 : 24 : 124 . Workouts required for eligibility. Any horse which has not previously raced is not eligible for entry in a race until the horse has at least two workouts and at least one of the workouts has been timed by a disinterested person and the time has been reported to the racing secretary. A minimum of one of the workouts shall be from the starting gate in which at least one other horse is started at the same time.

History

Source: 43 SDR 79, effective December 5, 2016; 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

Chapter 20:04:25 Rules of the race

ARSD 20:04:25:00 Types of races

20:04:25 :00. Types of races. The following types of horse races are authorized in South Dakota:

(1) "Allowance race," a race in which contestants receive weight allowance based on performance or winnings or both, as stipulated in the conditions of the race;

(2) "Claiming race," a race in which any animal entered may be claimed in conformity with the rules;

(3) "Free handicap," a handicap in which no liability for entrance money is incurred;

(4) "Handicap," a race in which weights are to be carried by the entered animals and are adjusted by a handicapper for the purpose of equalizing their respective chances of winning;

(5) "Highweight handicap," a handicap in which the weight assigned to the top horse in the handicap is not less than 140 pounds;

(6) "Invitational handicap," a handicap for which the racing secretary or handicapper has selected the contestants assigned the weights;

(7) "Match," a private sweepstakes between two animals which are the property of two different owners;

(8) "Overnight race," a race for which entries close 96 hours or less before the time set for the first race of the day on which the race is to be run;

(9) "Owner's handicap," a race in which the owner fixes, at the time of entry, the weight the owner's animal is to carry;

(10) "Post race," a race in which the subscribers announce at declaration the animal or animals each intends to start, without limitations of choice other than as prescribed by the rules and conditions of the race;

(11) "Private sweepstakes," a stakes race in which the participating nominators have engaged their respective entries and which, previous to closing, has not been advertised for entries in any manner;

(12) "Produce race," a race in which the produce of animals named or described at the time of entry are contestants;

(13) "Purse race," a race for money or other prizes to which the owners do not contribute entrance money;

(14) "Stakes race or sweepstakes," a race to which nominators of the engaged entries contribute to a purse or to which money, or any other award, may be added, but no overnight race, regardless of its conditions, is a stakes race;

(15) "Special weights," a race in which weight for age or sex, or both, is set by the conditions of the race, usually pertaining to maiden race;

(16) "Walkover," a race in which two horses of entirely different interests do not run for stakes. If at the time of saddling, only one horse has weighed out, that horse shall be ridden past the judges' stand, go to the post, and then move over the course. That horse is the winner;

(17) "Weight for age," a race in which a standard weight is assigned to horses according to their age.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01, 9 SDR 122, effective March 31, 1983; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 14 SDR 126, effective April 3, 1988; transferred from subdivision 20:04:16:01(33), 5 SDR 150, effective April 15, 1989; 23 SDR 126, effective February 13, 1997; 39 SDR 119, effective January 8, 2013.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:01 No runoff for dead heats

When two or more horses run a dead heat, the dead heat shall not be run off.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:96.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:02 Equal division of purse money

The owners of the horses in a dead heat shall divide equally the purse money involved.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:96.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:03 Two winners in a dead heat for first place

If a dead heat is for first place, each horse shall be considered a winner of the amount received according to § 20:04:25:02.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:96.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:04 Dead heat for second place with an objection for first place

When a dead heat is run for second place and an objection is made to the winner of the race and sustained, the horses which ran the dead heat shall be considered to have run a dead heat for first place.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:96.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:05 Division of money -- Drawing of lots for indivisible prizes

Owners shall divide equally all moneys and other prizes. If no agreement can be reached as to which of them shall receive a cup, plate, or other indivisible prize, they shall draw lots for it in the presence of one or more of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:96.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:06 Inclusions in winnings

Winnings during the year shall include all prizes from the first of January preceding to the time appointed for the start and shall apply to all races in any country. Winnings shall include dividing, walking over, or receiving forfeit. Winning of a fixed sum is considered to be winning it in one race, unless specified to the contrary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:07 Winnings in a walkover

In a walkover, except in claiming races, one-half of the money offered to the winner shall be paid. The remaining one-half shall be retained by the association. If a walkover is the result of arrangement by owners of horses engaged, no portion of the money or any other prize may be given.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:41, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 25 SDR 95, effective January 20, 1999.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:08 Awarding of money to walkover winner

Any prize or money which by the conditions of the race is to go to a horse which should have placed second or in any lower place shall be retained by the association if the winner has walked over or no horse has been so placed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:42, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 25 SDR 95, effective January 20, 1999.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:09 Money refunded in void races

If a race is never run or is void, stakes, forfeits, and entrance money shall be returned.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:10 Void race

A race may be declared void if no qualified horse covers the course according to rule.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:44, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:11 Duties of licensee exercising a horse

Upon request of an official timer, every commission licensee exercising a horse shall correctly state the distance over which the horse is to be worked and the point on the racetrack where it is intended to start the workout. He must identify the horse if requested to do so.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:12 Posting results and photographs

If it is considered advisable to consult a picture from the finish camera, the stewards, without waiting for a picture, shall post the placements that are, in their opinion, unquestionable and shall make the other placements after consulting the picture.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:13 Determining the finish by the noses of the horses

In determining the places of the horses at the finish of a race, the stewards shall consider only the relative position of the respective noses of the horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:14 Displaying the official sign

After the jockeys riding the first five horses finish, have been weighed in, and found to have carried the correct weight, the clerk of the scales shall notify the stewards, who shall promptly display the official sign, declaring the result of the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:15 Correcting errors on official sign

Nothing in this article shall be construed to prevent the stewards from correcting an error before the display of the official sign or from recalling the official sign if it has been displayed through error.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:16 Identification by the official identifier required

No horse may start that has not been fully identified by the official identifier. Responsibility for providing identification rests with the trainer.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:17 Duties of the identifier

The official identifier shall check all contestants for all races and shall have all horses properly identified. He shall keep a record of all identifying marks on solid colored horses and horses starting for the first time according to the published record of the chart books of the daily racing form and the American Quarter Running Horse. This record shall be retained by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:18 Tattoo required in certain circumstances

A track may require the presence of an identifying tattoo on each horse permitted to race on that track.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:06.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:19 Accountability of a person attempting to establish the identity of a horse

A person attempting to establish the identity of a horse or his ownership shall be held to account the same as the owner and shall be subject to the same penalty in case of fraud or attempted fraud.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:20 Starting of flat races

All flat races shall be started out of a stall gate.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:73.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:21 Repealed

Starting without a stall gate.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:73.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:25:22 Starting horses outside the gate prohibited

No horse or horses may be started from outside the gate.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:73.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:23 Permission required to exercise a horse between races

Permission must be obtained from a steward to exercise a horse on the track between races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:74, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:24 Public announcement required for exercising a horse

When a horse is being warmed up or exercised, a public announcement shall be made, giving the name of the horse and explaining his presence on the track.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:75, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:25 Horses required to be in paddock before post time -- Penalty for failure to comply

Horses must be in the paddock at least 20 minutes before post time. Every trainer who does not have his horse promptly in the paddock at the time appointed shall be fined.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:77, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:26 Horses to be saddled in paddock

Horses must be saddled in the paddock unless the stewards grant an exception.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:78, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:27 Parading of horses required

All horses shall parade a distance that is reasonable and proper in the opinion of the stewards, unless permission is obtained for the horse to be led to the post with a pony. If a horse is excused from parading and is led to the post, he must pass over the same route as that followed by the parade.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:79, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:28 Time limit for parade

After entering the track the horse shall not consume more than 12 minutes in the parade of the horses to the post except in cases of unavoidable delay. After passing the stand once, horses may break formation and canter, warm up, or go as they please to the post unless otherwise directed by the stewards. When horses have reached the post, they shall be started without unnecessary delay.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:80, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:29 Steward may send horses to post

The state steward may send the horses to the post at his discretion after a reasonable delay during a normal post parade.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:81, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:30 Requirement that horses carry their weights

All horses shall carry their respective weights from paddock to post and from post to finish.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:82, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:31 After entering the track, dismounting by jockeys prohibited

After the horses enter the track, no jockey may dismount and no horse may have the care of an attendant without consent of the stewards or the starter. The horse must be free of all hands other than those of the jockey, assistant starter, or other person authorized by § 20:04:20:78 to assist with the start before the starter releases the barrier.

Cross-Reference: Heading or tailing permitted, § 20:04:20:78.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:83.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:32 Dismounting in case of accident allowed

In case of accident to a jockey or to his mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:83.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:33 Remounting allowed if a jockey thrown

If a jockey is thrown on the way from the paddock to the post, the horse shall be remounted, return to the point where the jockey was thrown, and then proceed over the route of the parade to the post.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:83.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:34 Jockey replaced if injured

If a jockey is so injured on the way to the post as to require another jockey, the horse shall be taken to the paddock and another jockey obtained. The horse shall then be ridden over any uncompleted portion of the exact route of the parade to the starting point.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:83.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:35 Return of horse leaving the course

If a horse leaves the course while moving from paddock to post, the horse shall return to the course at the nearest practical point to that at which the horse left the course. If the official veterinarian believes the horse to be injured or unfit to compete in the race or if the horse leaves the sight of the stewards the horse may not be allowed to run in the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:84, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:36 Willful delay of the arrival of a horse prohibited

No person shall willfully delay the arrival of a horse at the post.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:85, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:37 Repealed

Who may start a horse -- Pointing the path prohibited.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:86, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:25:38 All persons excluded from the track

After the horses leave the paddock on the way to the post, all persons shall be excluded from the course the race is to be run over, with the exception of racing officials, until the horses have returned for unsaddling.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:87, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:39 Determination of the post positions

Post positions shall be determined publicly by lot in the presence of the racing secretary or his deputy.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:88, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:40 Repealed

Placing of the horses at the post.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:89, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:25:41 Post time

Post time between each race shall not exceed thirty minutes, except under the most extraordinary conditions.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; transferred from § 20:04:07:90, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:42 Improper weaving forbidden

In a race not run on a straightaway, a horse, when clear, may be taken to any part of the course, but no horse may cross or weave in front of other horses in any manner that impedes, interferes with, or intimidates another horse. In a race run on a straightaway, no horse may leave the lane in which he starts in any manner which interferes with, intimidates, or impedes another horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:91.01, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, August 20, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:43 Impeding another horse a foul

If a horse swerves or is ridden to either side of the track so as to interfere with or impede another horse, it is a foul. The horse may be disqualified, and the stewards may fine or suspend the jockey. When a horse is disqualified by the stewards, every horse in the race owned wholly or in part by the same owner or trained by the same trainer may be disqualified upon a finding of just cause by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:91.02, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:44 Willful jostling forbidden

No horse or jockey may willfully jostle another horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:91.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:45 Willful touching forbidden

During a race, no jockey may willfully strike or touch another jockey or another jockey's horse or equipment for the purpose of interfering with that horse or jockey.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:91.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:46 Unnecessary shortening of stride forbidden

A jockey may not unnecessarily cause a horse to shorten stride.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:91.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:47 Repealed

Horses required to carry assigned weight.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:92, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:25:48 Two horses in one interest required to give best efforts

If two horses run in one interest in any race, each must give a best effort to win.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:94, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:49 Stewards to take notice of foul riding

Any steward may initiate the review of a potential infraction. The review shall be pursued to the satisfaction of a majority of the board of stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:95, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:50 Repealed

Effect of disqualification on another horse owned by same interest.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:96, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:25:51 Disqualification for leaving the track after the start

If a horse leaves the track after the start, he shall be disqualified.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:97, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:52 Care of a horse disabled during the race

If a horse during the running of a race becomes crippled or otherwise obviously unable to finish because of a broken bone, profuse bleeding, or any other equally disabling condition, the horse shall be dismounted, unsaddled, and removed from the track without passing the stand. Under no circumstances may a horse which is standing be destroyed on the track or in the presence of the public.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:98.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:25:53 Horse with broken bone to be removed by horse ambulance

If a bone is broken, the horse shall remain on the track until the horse ambulance arrives and removes it.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:98.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:54 Destruction of a horse

If destruction of a horse is determined to be necessary, the official veterinarian shall humanely destroy the animal. Euthanasia shall take place out of the public view whenever possible.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:98.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:55 Repealed

Determination of the finish.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:99, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:25:56 Repealed

Procedure when only one horse weighs out.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:25:57 Repealed

Awarding the winnings to the horse walking over.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:25:58 Repealed

Awarding the winnings to the horse which would have placed second or lower in case of a walkover.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:25:59 Repealed

In case of walkover of two or more horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:25:60 Associations prohibited from permitting improper races -- Penalty -- Match races not prohibited

No racing association may permit the racing of horses on a track under its ownership, lease, or control, in a race, which conditions have not been written by the racing secretary of the meeting, the entries for which have not been made in accordance with this article and which is not programmed as a part of the regular racing card conducted under the certificate system. An official or employee licensed by the commission who conducts or supervises such a race shall have his license revoked.

This section shall not be construed as prohibiting the running of a matched race or match, provided that written application is made to the commission for such a race, stating the conditions under which it is to be run and the amount of the stakes and provided that permission to run the race is obtained from the steward and that the race is included on the program as part of the regular racing card.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:61 Novelty and exhibition races

The commission may grant permission for novelty or exhibition races on which there is no pari-mutuel wagering.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:25:62 Percentage payment of purse to breeder

Five percent of the first money of every purse won in a race in South Dakota by a South Dakota bred horse shall be paid to the breeder of the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

Chapter 20:04:26 Claiming rules

ARSD 20:04:26:01 Engagements of a horse acquired through claiming race

The engagements of a horse claimed out of a claiming race pass with the horse to the claimant.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:07:55.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:02 Claiming in general

In claiming races, a horse is subject to claim for its entered price by a licensed owner registered in good faith for racing at the meeting or by a licensed authorized agent for the account of the owner. A person may not claim the person's own horse or cause the horse to be claimed directly or indirectly for the person's own account. The horse the claimant has registered for racing at that meeting, in the opinion of the stewards, must justify the claimant's right to claim. The stewards are the sole judges of the quality of the horses in the stable of the claimant and shall decide when the spirit as well as the intent of this chapter is being violated. They may, at their discretion, declare any claim void.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:03 Claiming more than one horse per race forbidden

No one may claim more than one horse out of any one race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:04 Restriction on claims by a trainer

No trainer, even though he is an owner and qualified under the rules to claim, may submit a claim out of the same race in which the owner of horses trained by him has submitted a claim. If such an act inadvertently occurs, the claim made by the trainer shall be declared void.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:05 Restriction on claims by an authorized agent

No authorized agent, although representing more than one owner, may submit more than one claim in a race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:06 Restriction on claims by a stable consisting of more than one owner, one trainer

When a stable consists of horses owned by more than one owner, but trained by the same trainer, not more than one claim may be entered on behalf of the stable in any one race. In case such an act inadvertently occurs, the owners shall compete by lot for the right to claim. The owners are not eligible to claim from that trainer's stable.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:07 Repealed

Restriction on the number of horses starting under the control of a trainer.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:06, 9 SDR 122, effective March 31, 1983; repealed, 10 SDR 83, effective February 5, 1984.

ARSD 20:04:26:08 Claims by an owner

A licensed owner or a licensed authorized agent for the account of an owner may claim horses whether or not the owner has horses at the meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:26:09 Repealed

Restrictions on racing claimed horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:26:10 Repealed

Restrictions on the sale, control, and racing of claimed horses.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997; 25 SDR 95, effective January 20, 1999; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 20:04:26:11 Printing of the claiming price

The claiming price of each horse in a claiming race shall be printed on the program, and all claims for the horse shall be for the amount stated. If more than one claim is filed for the same horse, the disposition of the horse shall be determined by lot under the direction of one or more of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:12 Claim-making procedure

Each person desiring to make a claim shall first deposit with the association the whole amount of the claim in cash unless the person has at that time an equal unencumbered amount of credit with the association. The association shall give a receipt to the person making the deposit. The claim must be made in writing on a form supplied by the racing secretary. It must be signed and enclosed in an envelope provided for that purpose. No money may accompany the claim. The envelope containing the claim must have no identification mark on it, but it must be marked with the number of the race. It must be sealed and deposited in the claim box not later than the time when all horses have left the paddock for the race in which the claimed horse is entered. The paddock judge shall open the claim box immediately after all horses have left the paddock for the post. The paddock judge shall immediately deliver any claims to the stewards.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:11, 9 SDR 122, effective March 31, 1983; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:26:13 Repealed

Affidavit required -- Penalty for falsification.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:19, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:26:14 Irrevocability of a claim

When a claim has been filed, it is irrevocable.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:15 Protest procedure for violations of the nerve rule

If a claimed horse has had a posterior digital neurectomy and has not complied with requirements in § 20:04:24:34, the claimant shall have 48 hours from the start of the race from which the horse was claimed to file a protest. The protest must be supported by an affidavit made by a licensed veterinarian and the official veterinarian.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:16 Opening of the claim envelopes

The stewards shall open the claim envelopes for each race immediately upon receiving the envelopes from the paddock judge.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:14, 9 SDR 122, effective March 31, 1983; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:17 Delivery of the claimed horse and transfer of title

A claimed horse may not be delivered by the original owner to the successful claimant until authorization is given by the stewards. Each claimed horse must run in the interest and for the account of the owner who entered it in the race, but the successful claimant becomes the owner of the claimed horse, whatever its condition, from the time the horse enters the track for the post parade.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:18 Excuse of a claimed horse by the stewards

If a claimed horse is excused by the stewards before the horse leaves the paddock for the post, any claim for the horse is void.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:19 Place of delivery of a claimed horse

A horse that has been claimed shall be taken to the paddock for delivery to the claimant after the race has been run.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:20 Refusal to deliver a claimed horse prohibited

No person shall refuse to deliver a horse claimed out of a claiming race to the person or persons entitled to the horse under this chapter. The horse in question shall be disqualified along with all other horses owned or trained by the person who refuses delivery until delivery is made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:18, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:21 Offers and agreements to claim or not claim a horse prohibited

No person may offer or enter into an agreement to claim or not to claim or attempt to prevent another person from claiming a horse in a claiming race. No person may attempt by intimidation to prevent anyone from running a horse in a race for which it is entered. No owner or trainer of running horses in any claiming race may make an agreement with another owner or trainer for the protection of each other's horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:22 Entering a horse subject to another claim prohibited

A person who enters or allows to be entered in a claiming race a horse against which a claim, mortgage, bill of sale, or lien of any kind is held shall be ruled off, unless before entering the horse the written consent of the holder of the claim is filed with the racing secretary of that meeting.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:23 Claimant to register change of ownership

When a horse is claimed, the successful claimant shall register the change of ownership with the racing secretary.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:24 Penalty for shipping horses away from a meeting

An owner who ships all of his horses away from a meeting or withdraws or permits the withdrawal of registration papers of horses owned by him from the office of the racing secretary forfeits immediately his right to claim at that meeting. He may reearn that right by again starting a horse at that meeting and by fully complying with this article.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:23, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:25 Repealed

Effect of a stable's elimination on an owner.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

ARSD 20:04:26:26 Claims in violation of the rules are void

Claims made which are not in keeping with this chapter are voidable by the steward.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:08:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 126, effective February 13, 1997.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:26:27 Repealed

Claim by a lessee.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01(29), 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

Chapter 20:04:27 Medication and drugs

ARSD 20:04:27:01 Authorization required for admission to veterinarian's facilities

No person may be admitted at any time to the building or part of the building used by the state veterinarian for making medication, drug, or other tests of horses except the staff immediately in charge of such work, the commissioners, authorized representatives of the commission, the stewards, and other persons authorized in writing by the commission or stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:59, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:27:02 Tests of winner required

The unofficial winner of every race and any other horses the stewards of the meeting or the commission representative designate, shall be sent immediately after the race to the testing enclosure for examination by the official veterinarian and for the taking of such specimens of saliva, urine, or blood as directed. Blood specimens shall be taken only by a licensed veterinarian.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:60.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:27:03 Stewards or commission representative may require tests

The stewards or an authorized representative of the commission may require at any time that a horse be sent to the testing enclosure for the taking of the specimens of saliva, urine, or blood they direct as well as for an examination for sponging and any other examinations they direct.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:60.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; provision allowing authorized representative of the commission to require tests transferred from § 20:04:27:04, 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:27:04 Transferred

Transferred to § 20:04:27:03.**

ARSD 20:04:27:05 Person required to be present when specimen taken -- Penalty for failure to appear

The owner, the trainer, or an authorized representative must be present when a saliva, urine, or other specimen is taken from his horse and shall remain until the specimen is sealed and the official form signed by him as witness to the taking of the specimen. Willful failure to be present at the taking of a specimen, a refusal to allow its taking, or any act or threat to impede, prevent, or otherwise interfere with its taking shall subject a person to a fine or suspension.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:61, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:27:06 Repealed

Analysis by official chemist.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:62, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:27:07 Persons who may take samples of medicines

The official veterinarian, the stewards, or the authorized representatives of the commission may take samples of any medicines or other materials suspected of containing improper medication or drugs which could affect the racing condition of a horse in a race. These medicines or other materials may be found in stables or elsewhere on racetracks or in the possession of the tracks or any person connected with racing. The sample shall be delivered to the official chemist for analysis. The samples may be retained by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:64, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006.
General Authority: SDCL 42-7-56(4)(13).
Law Implemented: SDCL 42-7-56(4)(13).

ARSD 20:04:27:08 When action may be taken on chemist's report

Neither the stewards nor the commission shall take action on the report of the official chemist until the medication or drug has been properly identified as well as the horse from which the specimen was taken.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:65, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:27:09 Possession of drugs, hypodermic needles, and illegal devices prohibited

Without the written permission of either the stewards or the commission, only a veterinarian licensed by the state of South Dakota may possess any of the following items within the confines of a racetrack or within the stables, buildings, sheds, or grounds where horses are kept which are eligible to race over a racetrack of an association holding a race meeting:

(1) Drugs or stimulants;

(2) Hypodermic syringes;

(3) Hypodermic needles;

(4) Rubber stopper bottles or similar instruments which may be used for injection; or

(5) Electrical or mechanical devices designed to increase the speed of the horse.

The stewards shall suspend or rule off any person who violates this section and may revoke the person's license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 98, effective November 30, 1994; 23 SDR 126, effective February 13, 1997; 43 SDR 79, effective December 5, 2016.
General Authority: SDCL 42-7-56(4)(13).
Law Implemented: SDCL 42-7-56(4)(13), 42-7-101.

ARSD 20:04:27:10 Notice of injections of horses by nonveterinarian required

A person, other than a veterinarian licensed by the commission, who injects, gives, uses, or administers or allows another person to give, inject, use, or administer any drugs, analgesics, or medicines of any kind whatever to a horse within 48 hours prior to the running of a horse in a race shall notify the stewards of the use, injection, or administration of these substances before the running of the race. Any such person failing to give notice shall be suspended or fined or both and his license may be revoked.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:13, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:27:11 Interference with testing procedures forbidden

Any action or substance, drugs or otherwise, which may interfere with the testing procedure is forbidden.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:27:12 Penalty for medical violations

Penalty for medication violations. If a urine, saliva, or blood specimen taken under the supervision of the commission veterinarian from a horse entered in a race, is analyzed by the official chemist and indicates the presence of a drug, chemical, medicine, analgesic, or injectable, which is not specifically authorized by these rules or is authorized but detected at a threshold in excess of the thresholds stated in the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December, 2020, or the Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 19.0 dated May 2025, any of the following penalties may be imposed:

(1) The purse for the race is redistributed;

(2) A track record established by the horse in the race is declared void;

(3) The trainer or owner-trainer of the horse receives:

(a) A fine of up to five hundred dollars; and

(b) A suspended or revoked license;

(4) The horse is suspended from racing for a period equal to any suspension given to the horse's trainer or owner-trainer for the same incident; and

(5) In a claiming race, if the urine, saliva, or blood specimen is from a claimed horse, the stewards at their discretion may void the claim.

Each time a trainer or an owner-trainer has been fined or has had a license suspended or revoked in South Dakota or any other racing jurisdiction for violation of rules prohibiting the use of illegal substances or regulating the use of controlled therapeutic medications in horse racing constitutes an offense.

References: Association of Racing Commissioners International (ARCI), ARCI Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December 2020, and Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 19.0 dated May 2025. Copies of both documents may be obtained from the ARCI website at www.arci.com free of charge.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; 7 SDR 70, effective January 27, 1981;8 SDR 94, effective February 14, 1982; transferred from § 20:04:05:20, 9 SDR 122, effective March 31, 1983; 11 SDR 177, effective July 2, 1985; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; 23 SDR 126, effective February 13, 1997; 33 SDR 63, effective October 18, 2006; 38 SDR 101, effective December 5, 2011; 43 SDR 150, effective June 1, 2017; 49 SDR 9, effective August 9, 2022; 50 SDR 15, effective August 13, 2023; 51 SDR 16, effective August 18, 2024; 52 SDR 25, effective September 10, 2025.
General Authority: SDCL 42-7-56(4)(13), 42-7-96.
Law Implemented: SDCL 42-7-67, 42-7-96.

ARSD 20:04:27:13 Repealed

Use of certain drugs authorized.** Repealed.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:05:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991; 25 SDR 95, effective January 20, 1999; 36 SDR 22, effective August 18, 2009; 38 SDR 101, effective December 5, 2011; 39 SDR 119, effective January 8, 2013; 41 SDR 53, effective October 6, 2014; 43 SDR 79, effective December 5, 2016; 43 SDR 150, effective June 1, 2017.

ARSD 20:04:27:13.01 Use of furosemide (lasix) permitted

20:04:27 :13.01. Use of furosemide (lasix) permitted. The administration of furosemide (lasix) is permitted for the prophylactic treatment of horses under the conditions and guidelines set out in this chapter.

History

Source: 25 SDR 95, effective January 20, 1999; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.02 Endoscopic examination and eligibility for treatment

20:04:27 :13.02. Endoscopic examination and eligibility for treatment. The commission veterinarian may require an endoscopic examination of a horse to confirm eligibility for prophylactic treatment.

History

Source: 25 SDR 95, effective January 20, 1999; 37 SDR 70, effective October 20, 2010; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.03 Requirement for endoscopic examinations

20:04:27 :13.03. Requirement for endoscopic examinations. An endoscopic examination must be conducted by a state licensed veterinarian. The state licensed veterinarian shall be licensed by the commission and employed by the owner or the owner's agent. If the endoscopic examination reveals a hemorrhage in the lumen of the respiratory tract, the commission veterinarian or a state licensed veterinarian shall decide if the amount of hemorrhage is sufficient to cause the horse to be certified as a bleeder.

History

Source: 25 SDR 95, effective January 20, 1999; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.04 Repealed

20:04:27 :13.04. Confirmation and certification of horse entered on bleeder list. Repealed.

History

Source: 25 SDR 95, effective January 20, 1999; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:27:13.05 Repealed

20:04:27 :13.05. Removal from bleeder list. Repealed.

History

Source: 25 SDR 95, effective January 20, 1999; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:27:13.06 Repealed

20:04:27 :13.06. Placement on bleeder list of horses shipped into South Dakota. Repealed.

History

Source: 25 SDR 95, effective January 20, 1999; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:27:13.07 Requirements for administering furosemide (lasix)

Furosemide (lasix) must be administered intravenously by a veterinarian licensed by the commission at a dose level not more than 500 mg. (10cc). The administration of furosemide (lasix) must be witnessed by the trainer or the trainer's agent.

Furosemide may not be administered less than four hours before post time for the race in which the horse is entered.

Any veterinarian who administers furosemide is prohibited from working as a private veterinarian at the race track unless specifically authorized to do so by the commission veterinarian.

The veterinarian who attended to the horse shall deliver to the commission veterinarian at least two hours prior to post time for the race for which the horse is entered the following information on a form provided by the commission:

(1) The name of the horse, racetrack name, the date and time the furosemide (lasix) was administered to the entered horse;

(2) The dosage amount of furosemide (lasix) administered to the entered horse; and

(3) The printed name and signature of the attending licensed veterinarian who administered the furosemide (lasix).

History

Source: 25 SDR 95, effective January 20, 1999; 37 SDR 70, effective October 20, 2010; 40 SDR 121, effective January 6, 2014; 43 SDR 150, effective June 1, 2017.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.08 Repealed

20:04:27 :13.08. Written report of veterinarian administering furosemide (lasix) required. Repealed.

History

Source: 25 SDR 95, effective January 20, 1999; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:27:13.09 Time frames for administration of furosemide (lasix)

20:04:27 :13.09. Time frames for administration of furosemide (lasix). Any horse qualified for furosemide (lasix) medication shall be treated on the association grounds at a location designated by the commission veterinarian at least four hours prior to post-time for the race entered.

History

Source: 25 SDR 95, effective January 20, 1999; 38 SDR 101, effective December 5, 2011; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.10 Individuals responsible for horse after administration of furosemide (lasix)

20:04:27 :13.10. Individuals responsible for horse after administration of furosemide (lasix). After furosemide (lasix ) has been administered, the horse shall be in the care, custody, and control of the trainer or the trainer's designee. The trainer shall be responsible for the condition and handling of the horse at all times.

History

Source: 25 SDR 95, effective January 20, 1999; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.11 Disciplinary action authorized for violations

Any trainer, veterinarian, or other person who fails to abide by the requirements of this chapter is subject to disciplinary action by the stewards.

History

Source: 25 SDR 95, effective January 20, 1999.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11).

ARSD 20:04:27:13.12 Repealed

Additional requirements for administering furosemide (lasix).** Repealed.

History

Source: 37 SDR 70, effective October 20, 2010; repealed, 40 SDR 121, effective January 6, 2014.

ARSD 20:04:27:13.13 Maximum threshold for Phenylbutazone

The maximum authorized threshold for Phenylbutazone, otherwise known as bute, is 2.0 micrograms per milliliter of plasma or serum when administered in accordance with Controlled Therapeutic Medication Schedule Version 4.2.1 dated December, 2020 and § 20:04:27:14.

Reference: Association of Racing Commissioners International (ARCI), ARCI Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December, 2020. A copy may be obtained from the ARCI website at www.arci.com free of charge.

History

Source: 50 SDR 15, effective August 13, 2023; 51 SDR 16, effective August 18, 2024.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-47.

ARSD 20:04:27:14 Restrictions on use of authorized medications

Therapeutic medications authorized by the Association of Racing Commissioners International Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December 2020, and the Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 19.0 dated May 2025, may only be used under the following conditions:

(1) A licensed veterinarian administers a medication in injectable form;

(2) A trainer may administer a medication other than with an injection if a veterinarian licensed by this state or another racing jurisdiction has prescribed or approved the use of the medication;

(3) Medications, except furosemide and phenylbutazone, are not administered to a horse on the day the horse is scheduled to run;

(4) A veterinarian administering furosemide shall submit a written report to the commission veterinarian or the state steward on forms provided by the commission. The use of furosemide or phenylbutazone must be declared at the time of entry. Failure to submit the report may subject the veterinarian and the trainer of the horse involved to disciplinary actions by the stewards or the commission;

(5) A horse may be tested if it is noted on the veterinarian list as using an authorized medication but is suspected to be racing without that medication. If a urine or blood sample from the horse fails to disclose the presence of furosemide or phenylbutazone, the horse and its trainer may be subject to disciplinary actions by the stewards or the commission;

(6) For a horse being shipped into a licensed track in this state, a report from a licensed veterinarian of another racing jurisdiction certifying that the horse has been treated with an authorized medication in accordance with the provisions of this section may be accepted by the stewards. The report must be filed with the presiding steward or the commission veterinarian before 10:00 a.m. on the day of the race; and

(7) Notice of use of furosemide or phenylbutazone must be given to the public.

References: Association of Racing Commissioners International (ARCI), ARCI Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December 2020 and Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 19.0 dated May 2025. Copies of both documents may be obtained from the ARCI website at www.arci.com free of charge.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:05:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 17 SDR 113, effective February 5, 1991; 21 SDR 98, effective November 30, 1994; 37 SDR 70, effective October 20, 2010; 43 SDR 150, effective June 1, 2017; 49 SDR 9, effective August 9, 2022; 50 SDR 15, effective August 13, 2023; 51 SDR 16, effective August 18, 2024; 52 SDR 25, effective September 10, 2025.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-47.

ARSD 20:04:27:15 Chemist's test to constitute prima facie evidence

Reports of an analysis of urine samples by a chemist or chemical laboratory selected by the commission constitute prima facie evidence of the presence or absence of the substances listed in § 20:04:27:13 or the presence of any other substance not authorized by § 20:04:27:13. In determining compliance with subdivision 20:04:27:14(3) for any horse using an authorized substance, the commission may rely upon an opinion by the chemist or a chemical laboratory selected by it concerning the time of the last administration of an authorized substance to that horse. The opinion shall be based upon an analysis of the level of the authorized substance or its metabolites in urine samples from that horse. This chemist's report shall create a rebuttable presumption of the time of the last administration of any authorized substance to that horse or the presence of any unauthorized substance.

Cross-References:

Use of certain drugs authorized, § 20:04:27:13.

Restrictions on use of authorized drugs, § 20:04:26:14(3).

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:05:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4).

ARSD 20:04:27:16 Penalty for violation of permitted drug restriction, Repealed

Penalty for violation of permitted drug restriction. Repealed.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:05:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 38 SDR 101, effective December 5, 2011; 50 SDR 15, effective August 13, 2023.

ARSD 20:04:27:17 Penalties for violations

When imposing a penalty for a violation of any rules pertaining to medication or drugs in a horse, the stewards and the commission shall follow the penalty guidelines established in the Association of Racing Commissioners (ARCI) International Uniform Classification Guidelines Version 14.4 dated December, 2020, and the Uniform Clarification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April, 2023.

A trainer penalized for a medication violation based on a horse testing positive for a drug classified as a Class 1 through 5 with a penalty of Class A through C must 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

1/2 for first violation with an additional 1/2 point for each additional violation within 365 days

1 for first violation with an additional 1/2 point for each additional violation within

365 days

Class D

If the stewards or the commission determine that the violation is due to environmental contamination they may assign less points or no points against the trainer based on the specific facts of the case.

The stewards and the commission shall consider all points for violations in all racing jurisdictions as contained in the trainer's official record maintained by ARCI.

In addition to the penalty imposed for the underlying offense the following enhancements must be imposed upon a trainer based on the cumulative points contained in the trainer's record of violations maintained by ARCI.

Points

Suspension in days

5 to 5.5

15 to 30

6 to 8.5

30 to 60

9 to 10.5

90 to 180

11 or more

180 to 360

The stewards and the commission shall consider aggravating and mitigating circumstances including the trainer's prior record of medication violations when determining the penalty for a violation of these rules.

Multi-medication violation points are a separate and additional penalty to be imposed upon a trainer who has a pattern of violations.

The stewards or commission ruling shall distinguish between the penalty for the underlying offense and any enhancement penalty based on the stewards or commission review of the trainer's cumulative record of violations.

Reference: Association of Racing Commissioners International (ARCI), ARCI Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December, 2020 and Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April, 2023. Copies of both documents may be obtained from the ARCI website at www.arci.com free of charge.

History

Source: 43 SDR 150, effective June 1, 2017; 49 SDR 9, effective August 9, 2022; 50 SDR 15, effective August 13, 2023.
General Authority: SDCL 42-7-56(4).
Law Implemented: SDCL 42-7-56(4)(11), 42-7-93.

Chapter 20:04:28 Stewards -- Powers, hearings, fines, suspensions, and appeals

ARSD 20:04:28:01 Modification of penalties or decisions

The commission may rescind, modify, or increase any penalty or decision on infraction of the rules made by the racing officials.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:01.01 Composition of board of stewards

The board of stewards shall consist of two state stewards and one association steward. The board of stewards shall hear all rule violations, riding infractions, or other licensing or disciplinary actions. If it is necessary for the board of stewards to hold a hearing at a location other than on the grounds of the association, the commission shall reimburse the two state stewards and the association shall reimburse the association steward for mileage, per diem, and lodging at the rate established by the Board of Finance for state employees.

History

Source: 16 SDR 129, effective February 4, 1990; 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:02 Stewards may interpret rules and decide questions

The stewards may interpret the rules and decide all questions not specifically covered by them.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:03 Supremacy of orders of stewards

In matters pertaining to racing, the orders of the stewards supersede the orders of the officers and directors of the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:04 Stewards to regulate conduct of all racing officials and others

The stewards shall regulate the conduct of all racing officials and of all owners, trainers, jockeys, grooms, and other persons attending horses during, before, and after races, unless that duty is vested in the racing commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:05 Stewards to control all places used for racing

The stewards shall control and have free access to all stands, weighing rooms, enclosures, and other places in use for the purpose of racing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:06 Stewards to supervise entries and declarations

All entries and declarations are under the supervision of the stewards and no declaration may be made without their permission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:07 Questions to be decided by a majority of stewards

A majority of the stewards shall decide all questions pertaining to their authority.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:08 Stewards may declare corrupt practices and impose punishment

The stewards may declare to be a corrupt practice an act which they consider an unfair advantage to any person engaged in the sport of racing in any way, an act which would tend to mislead the wagering public, or an act which they consider to be detrimental to the best interests of racing. They may impose fitting punitive action and shall refer the case to the commission for further review and action.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:09 Repealed

Penalty limits of stewards.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; 6 SDR 77, effective February 3, 1980; transferred from § 20:04:04:66.07, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 11 SDR 177, effective July 2, 1985; 12 SDR 108, effective January 8, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:28:10 Stewards to eject disqualified persons

The stewards may exclude or eject from all premises and enclosures of the association a person who is disqualified for corrupt practices on the turf in any other state or country unless the commission, after hearing, authorizes the person to be licensed. They may also exclude or eject any other persons whose actions they consider improper.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:28:11 Stewards may postpone races

The stewards may postpone a race from race-day to race-day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:12 Stewards may examine any horse

The stewards may examine or cause to be examined at anytime a horse stabled on the association grounds or in stabling approved by the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:13 Stewards to take notice of questionable conduct

The stewards shall take notice of any questionable conduct with or without a complaint.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:66.11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:14 Stewards may substitute a jockey

The stewards may substitute a jockey of their selection on any horse or may assign any licensed jockey to a horse when another jockey is unable for any reason to fulfill his engagements.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:67, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:15 Stewards may place horse in temporary charge of trainer

The stewards may place any horse in the temporary charge of a trainer of their selection.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:68, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:16 Stewards to get horses to starting post on time

The stewards shall see to it that horses arrive at the starting post as nearly as practical at the advertised post time.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:69, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:17 Stewards may excuse horse

In case of accident to a horse before off time, the stewards may excuse the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:70, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:18 Stewards to investigate protests

The stewards shall investigate promptly and decide every protest and complaint properly made to them. The stewards may direct the horsemen's bookkeeper to delay payment of the purse of any race in question pending completion of their investigation.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:71.01, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:19 Stewards to report protests and decisions

The stewards shall report all protests and complaints to the commission as soon as they are received and shall promptly report their decisions to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:71.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:20 Presiding state steward's duties

In all cases and protests heard by the stewards, the presiding state steward is responsible for the conduct of all the hearings and the preparation and filing of all reports.

History

Source: 4 SDR 85, effective June 15, 1978; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:71.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:21 Stewards to require an attendant's badge to be taken up

During the term of suspension of a jockey, owner, trainer, or other person on a racetrack under the commission's jurisdiction, the stewards shall require that the offender's badge be taken up and that he be refused admission to any part of the course.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:72, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:28:22 Stewards to determine extent of disqualification

20:04:28 :22. Stewards to determine extent of disqualification. The stewards may determine the extent of disqualification in case of fouls. They may place the offending horse behind those horses that in their judgment it interfered with, or they may place it last. The order or ruling of the stewards as to the extent of disqualification of a horse for a foul or interference in a race or as to a finding of fact concerning an occurrence during or incident to the running of a race constitutes final agency action under SDCL 42-7-96 after notice and hearing. A person requesting a hearing to determine the extent of disqualification in case of foul shall follow the procedure set forth in § 20:04:01:13.02.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:73, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 22 SDR 189, effective July 11, 1996; 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:23 Stewards may demand proof that a horse is not disqualified

The stewards may demand proof that a horse neither is disqualified for any reason nor entered, owned, or trained in whole or in part, by a disqualified person. In default of proof satisfactory to them, the stewards may declare the horse disqualified.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:74, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:24 Time required for three stewards to be on duty

Three stewards shall be on duty during race time, which is from one hour before post time for the first race of the day until after the last race of the day has been made official.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:75.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:25 Time required for state steward to be on duty

At least one of the state stewards must be on duty 30 minutes prior to scratch time each morning until after the drawing of post positions.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:75.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:26 Presiding state steward may appoint deputy

The presiding state steward may appoint additional deputies at any time. The presiding state steward may also appoint a replacement for any other steward who is temporarily absent or excused from his duties.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:76, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:27 Appointment of stewards pro-tem

If there is only one steward present at race time, the steward shall appoint two other qualified persons to act with him as stewards pro-tem.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:77, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:28 Reports of appointments of replacement stewards required

Appointments of replacement stewards must be reported immediately to the commission by the presiding state steward.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:78.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:29 Stewards to fill vacancies among racing officials

When a vacancy occurs among the racing officials, other than the stewards, prior to post time of the first race of the day or when a vacancy occurs after the racing of the day has started, the stewards 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 notifies the stewards of its action not less than one hour before the post time of the first race of the day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:80.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:30 Reports of appointments of officials required

Appointments made under § 20:04:28:29 shall be reported immediately to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:80.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:31 Stewards to bar unfit horses

The stewards may bar from racing and exclude from the grounds any horse which they consider to be unfit or unsafe for racing.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:81, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:32 Stewards to file reports of rules infractions

Before the close of each day, the stewards shall file with the commission a signed report of all infractions of the rules coming under their observance that day. The stewards shall file with the commission all rulings on infractions or other questions as soon as the rulings are made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:82, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:33 Paying another's fine prohibited

No person may assume or pay, directly or indirectly, a fine imposed upon another without the prior permission of the board of stewards.

History

Source: 5 SDR 87, effective April 15, 1979 transferred from § 20:04:05:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 55, effective October 16, 2005.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:34 Horse under care of suspended person ineligible for races -- Reinstatement

When a person is ruled off a course or suspended, any horse which is under his care, management, and training may not be entered or start in a race until the horse has been reinstated by the rescinding of the person's penalty or by the placement of the horse in the hands of another licensed trainer approved by the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:35 Suspended person ineligible to subscribe any horse

When a person is ruled off a course or suspended, he is not qualified, whether acting as an agent or otherwise, to subscribe for or to enter or run any horse in a race either in his own name or that of any other person until the penalty is rescinded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:18, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:36 Stewards may hire veterinarians in case of illness

In case of any illness or unusual symptoms which they consider contagious or possibly contagious, the stewards may employ, at the expense of the association, a board of three veterinarians for the purpose of diagnosis, observation, and treatment. The decision of the board concerning the necessity of isolating a horse is binding upon the trainer and owner of the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:57.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:37 Cost of isolation borne by owner

The reasonable cost of isolation, including keep and medical care, shall be borne by the owner or trainer of the horse during the period of isolation.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:57.03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:38 Isolation of a contagious horse

If an infectious disease is positively diagnosed, the horse so diagnosed shall remain isolated for a period determined by the board of veterinarians.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:57.04, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:39 Removal of isolated horse

No horse may be removed from isolation without permission of the stewards.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:57.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:40 Penalty for refusing to testify

A license holder of the commission who refuses to testify before the stewards at a hearing on a matter within the authority of the stewards may be suspended by the stewards or excluded from the whole or any part of the premises of the licensee conducting the meeting, or both, and his case referred to the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:41 Who may impose penalties

No racing official other than the board of stewards and the commission may impose a fine or suspension.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:42 Rescinding unpaid fines

An unpaid fine may not be rescinded except with the approval of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:28:43 Repealed

Duty of an official to report penalties to the director.** Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:28:44 Deadline for paying fines

All fines shall be paid to the commission within 48 hours after imposition unless a later deadline is established by the board of stewards. A person who does not pay a fine before the deadline shall be suspended.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 55, effective October 16, 2005.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:28:45 Stewards may require examination to determine ability of person to perform duties

The stewards may have a licensed person submit to a medical examination by a licensed physician or emergency medical technician, to a chemical analysis of the licensed person's breath, urine, or saliva by a qualified law enforcement officer, or to the drawing of blood by a registered nurse to determine that person's ability to perform the duties assigned to that position. If the results of this examination indicate that the person is temporarily unable to perform the assigned duties or if any person refuses the examination, the stewards shall remove the person from the assigned duties until the person is able to perform the duties. This removal is not a suspension.

History

Source: 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 43 SDR 79, effective December 5, 2016.
General Authority: SDCL 42-7-56(11)(13).
Law Implemented: SDCL 42-7-56(11)(13).

Chapter 20:04:29 Licenses and licensing procedures

ARSD 20:04:29:01 Persons required to be licensed -- Exemptions

Each person engaged in racing or employed by persons engaged in racing and each person who performs any services in connection with the conduct of a racing meeting under a license granted by the commission shall obtain a license from the commission and shall be issued a license card. An employee who works without pay for a charitable, religious, or civic organization which is licensed to operate a concession or is issued a license to conduct racing is not required to obtain a license. The association shall furnish a list of such employees to the director. An officer or director of the association must be licensed before entering any area of the track which is not open to the general public. A person working in several different capacities at the track must have a license in each capacity or may apply for a multiple license as authorized in § 20:04:29:13.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.03, 9 SDR 122, effective March 31, 1983; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 17 SDR 113, effective February 5, 1991.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(12), 42-7-57, 42-7-67.

ARSD 20:04:29:01.01 License application requirements

An individual, partnership, or corporation applying for a license from the commission must provide his name or all names of the partnership or corporation, with any nicknames or aliases; a permanent address at which the applicant can receive official correspondence from the commission; a local address; home and business telephone numbers; age, date of birth, place of birth, height, weight, color of hair, color of eyes, sex, marital status, citizenship, social security number, and next of kin; previous racing license history; any rulings made against him, the partnership, or the corporation by any racing jurisdiction; any arrest or criminal history; and any other information that the commission may consider necessary. The information must be provided on an application form provided by the commission. In addition, the commission may require the applicant to provide photographs or fingerprints, taken at a time and place and in a manner required by the commission.

Cross-Reference: Application through Parimutuel Licensing Simplification Act of 1988, § 20:04:29:01.03.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-57, 42-7-67.

ARSD 20:04:29:01.02 Certified mail constitutes reasonable notice

Certified mail sent to the permanent address as listed on a license application of any licensee, whether delivered or returned to the commission for whatever reason, constitutes reasonable notice under SDCL 1-26 for administrative, licensing, or disciplinary action by the commission pursuant to SDCL 42-7 and this article. The application form shall include a statement containing the information.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:29:01.03 License application through Parimutuel Licensing Simplification Act of 1988

An individual, partnership, or corporation applying for a license under Pub L No. 100-413, the Parimutuel Licensing Simplification Act of 1988 (August 22, 1988), through the Association of Racing Commissioners International shall complete that application form as provided. The commission may require additional applicant information that it considers necessary before granting approval for a license in this state.

Cross-Reference: License application requirements, § 20:04:29:01.01.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12), 42-7-57.

ARSD 20:04:29:02 Reinstatement procedure after suspension or license revocation

A person who is suspended, whose license is revoked, or to whom a license is denied by any racing board or commission must apply to and be reinstated or licensed by the board or commission of the state in which the original ruling was made or be authorized by the South Dakota Commission on Gaming, after a hearing, to apply for a license before being eligible to be licensed in any capacity by the South Dakota Commission on Gaming.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 32 SDR 55, effective October 16, 2005.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-56(12)(13).

ARSD 20:04:29:03 Presence of license required -- License not transferable

All licensees must carry their card with them at all times and are responsible for its safekeeping. The license must be prominently displayed at all times licensees are in a restricted area, such as the paddock, barn or stable areas, on the track, or in the starting gate area. Jockeys dressed to ride need not wear their license. A license is not transferable. A lost card must be reported to the commission immediately.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-67.

ARSD 20:04:29:04 Penalty for transferring a license

A licensed person who allows another to use his license card for the purpose of transferring any of the benefits pertaining to it may be suspended, fined, or both.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-67.

ARSD 20:04:29:05 Employer's responsibility to license employee

The responsibility of licensing an employee rests with the employer. Employment, engagement, or harboring of an unlicensed individual without reporting such employment to the stewards and immediately obtaining a license for the employee may be cause for fine or suspension, or both.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-67.

ARSD 20:04:29:06 Filing license application with executive secretary

All applications for license must be filed with the executive secretary who may issue the license, issue a conditional license which states the specified requirement and the time period that a person has to comply with the requirement, hold the application for further investigation, or deny it. If the license is denied, the applicant may appeal the denial in writing to the commission within 10 days after being notified of the denial. The appeal is a contested case pursuant to SDCL chapter 1-20.

A conditional license expires at the conclusion of the set time period if the specified requirement is not met. A person who supplies false information on a license application is subject to a fine or suspension or both. A license issued based on false information may be revoked.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.04, 9 SDR 122, effective March 31, 1983; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56, 42-7-67, 42-7-91.

ARSD 20:04:29:07 License fee -- Expiration of licenses

The fee shall accompany each application for license or registration. All licenses and registrations expire December 31 of the year of issue.

Cross-Reference: License fee schedule, § 20:04:29:13.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.05, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-57, 42-7-67.

ARSD 20:04:29:08 Grounds for refusal, revocation, or suspension of licenses

The commission may refuse, revoke, or suspend a license as provided in SDCL 42-7-91 and for the following reasons:

(1) Ownership, operation, or having an interest in bookmaking, pool selling, or any other illegal enterprise or having a connection with or association with a person engaged in illegal bookmaking, pool selling, or any other illegal enterprise;

(2) Conviction of a felony or misdemeanor involving moral turpitude;

(3) Being unqualified, by experience or otherwise, to perform the duties required of the applicant;

(4) Failure to disclose the true ownership interest in all horses as required;

(5) Engaging in activity, conduct, or practices that are undesirable or detrimental to the best interests of the public and the sport of horse racing;

(6) Suspension, revocation, or refusal to be licensed by any other racing jurisdiction;

(7) Failure or inability to maintain a race track properly or to meet obligations of the licensee's racing business on the track grounds;

(8) Violation of rules adopted by the commission or taking action or attempted action that is contrary to law;

(9) Hiring or employing a person who does not have a license required by this article;

(10) Permitting any person who is visibly intoxicated to participate in pari-mutuel wagering;

(11) Conducting false or misleading advertising;

(12) Catering to, assisting, employing, or associating with, either socially or in business affairs, any person of notorious or unsavory reputation or who has a police record, has defied congressional investigative committees or other officially constituted bodies acting on behalf of the United States or any state, or is associated with or supports known criminal organizations;

(13) Employing directly, including by a contract or by any other means, a firm or individual in any capacity that may damage the reputation of the state of South Dakota, or the pari-mutuel racing industry because of the unsuitability of the firm or individual or because of the unethical or criminal methods of operation of the firm or individual;

(14) Employing a person who has been denied a gaming or racing license on the grounds of unsuitability by a jurisdiction or who has failed or refused to apply for licensing;

(15) Failure to comply with or make provision for compliance with all federal, state, and local laws, rules, regulations, and ordinances, including payment of license fees, sales taxes, use taxes, federal, state, and local income taxes, withholding and payroll taxes, liquor and license fees, and antitrust and monopoly statutes;

(16) Denying any commission member or agent, on lawful demand, access to, inspection of, or disclosure of part of a pari-mutuel wagering establishment;

(17) Failure by a licensed employee to wear in plain view identification issued by the commission;

(18) Failure of a pari-mutuel facility to display the license on the premises;

(19) Alteration of a license;

(20) Allowing a license to be used by a person other than the licensee;

(21) Willfully or persistently employing unlawful methods of operation or toleration of unlawful methods of operation; or

(22) Participating in fraudulent or dishonest conduct.

A violation of this section is grounds for disciplinary action.

Cross-References:

Complaints authorized -- Procedure following filing, § 20:04:01:19.

Dismissal of complaint, § 20:04:01:20.

Informal consultation, § 20:04:01:21.

Assurance of voluntary compliance, § 20:04:01:22.

Formal proceedings, § 20:04:01:23.

Contents of commission complaint, § 20:04:01:24.

Date of hearing, § 20:04:01:25.

Answer, § 20:04:01:26.

Disqualification, § 20:04:01:27.

Final action by commission, § 20:04:01:29.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992; 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13), 42-7-93.
Law Implemented: SDCL 42-7-56(12)(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:29:08.01 Revocation or suspension of other license

A revocation or suspension of a license, regardless of type of license, held by a person employed under this article and SDCL chapter 42-7, regardless of the jurisdiction or venue of the license, is grounds for disciplinary action.

Cross-References:

Complaints authorized -- Procedure following filing, § 20:04:01:19.

Dismissal of complaint, § 20:04:01:20.

Informal consultation, § 20:04:01:21.

Assurance of voluntary compliance, § 20:04:01:22.

Formal proceedings, § 20:04:01:23.

Contents of commission complaint, § 20:04:01:24.

Date of hearing, § 20:04:01:25.

Answer, § 20:04:01:26.

Disqualification, § 20:04:01:27.

Final action by commission, § 20:04:01:29.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13), 42-7-93.
Law Implemented: SDCL 42-7-56(12)(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:29:08.02 Facts of a criminal charge

The charge in any jurisdiction of a licensee with a felony or with a misdemeanor involving moral turpitude is grounds for disciplinary action. The commission may find the licensee guilty of a violation of this article on the facts of the criminal charge even though the licensee has been acquitted on the criminal charge.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13), 42-7-93.
Law Implemented: SDCL 42-7-56(12)(13), 42-7-67, 42-7-91, 42-7-93, 42-7-94.

ARSD 20:04:29:09 Procedure for denied license

If the denial of a license has been ordered, the executive secretary shall report the reasons to the applicant. The executive secretary shall also report the denial to the applicable association of parimutuel regulators for the applicant, giving detailed reasons why the denial was made.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992; 32 SDR 55, effective October 16, 2005.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-56(12)(13).

ARSD 20:04:29:10 Denial or refusal of license

The commission may deny or revoke a license to any person who has been refused a license by another racing jurisdiction or racing authority, provided that the other racing jurisdiction or racing authority extends the reciprocal courtesy. The commission may deny or revoke a license whose holder has violated article 20:04 or who has falsified his application for the license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-67.

ARSD 20:04:29:10.01 License suspensions

A licensee whose license is suspended by the commission or a person who has a license suspended by the racing regulatory agency of another state may not participate in any capacity licensed by the commission.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:29:11 Minimum age for license

No license may be granted to anyone under 16 years of age, except jockey attendants who must be at least 14 years of age.

Cross-Reference: Child labor, SDCL 60-12.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(12).
Law Implemented: SDCL 42-7-56(12).

ARSD 20:04:29:12 Information required on application

An association applying for a license from the commission shall give the names of all directors, officers, and stockholders of the association, provide photographs of each officer and director, and give the percent of stock owned by each stockholder. In addition, an association applying for a license shall provide the commission with the names of the racing officials of the association 30 days before the race meeting. No official may act until his appointment has been approved by the association; however, in case of sickness or inability to act, the association may appoint a temporary official, subject to the approval of the commission.

The association shall furnish to the commission any other information needed to ascertain the integrity and financial resources of the association to conduct horse racing in the state of South Dakota. If the association's income is taxable by the federal government, the commission may also require the members of the board of directors of the association and any stockholder of the association owning or controlling more than 33 percent of the outstanding stock to furnish the commission with information needed to ascertain the integrity and the financial investment in horse racing in South Dakota of each director and stockholder. In addition, the commission, after receiving the application may request further information in writing or it may ask the officers, stockholders, and directors of an association to appear personally before the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-59.

ARSD 20:04:29:13 License fee schedule

The following fees shall be charged by the commission for licenses issued:

(1) Association: $10 per performance;

(2) Announcer: $10, renewal fee: $5;

(3) Apprentice jockey: $25, renewal fee: $10;

(4) Authorized agent: $15, renewal fee: $10;

(5) Bookkeeper: $15, renewal fee: $10;

(6) Custodian of jockey room: $10, renewal fee: $5;

(7) Concession employee: $10, renewal fee: $5;

(8) Concession operator: $10, renewal fee: $5;

(9) Concessionaire: $3 per performance;

(10) Corporation: $25 if racing 10 or less; $100 if racing 11 or more;

(11) Entry clerk: $10, renewal fee: $5;

(12) Exercise rider: $10, renewal fee: $5;

(13) Gateman: $10, renewal fee: $5;

(14) Groom: $10, renewal fee: $5;

(15) Hub employee: $35, renewal fee: $20;

(16) Jockey: $25, renewal fee: $10;

(17) Jockey agent: $20, renewal fee: $10;

(18) Key employee: $50, renewal fee: $25;

(19) Lessee: $10 per horse, renewal fee: $5;

(20) Multi-jurisdictional totalizator hub: $100 per operating day;

(21) Mutuel employee: $10, renewal fee: $5;

(22) Mutuel operator: $15, renewal fee: $10;

(23) Official: $15, renewal fee: $10;

(24) Owner (including colors): $25, renewal fee: $10

(25) Owner-trainer: $40, renewal fee: $20;

(26) Partnership: $15, renewal fee: $10;

(27) Photographer: $15, renewal fee: $10;

(28) Photo finish/film patrol: $15, renewal fee: $10;

(29) Parking lot employee: $10, renewal fee: $5;

(30) Plater: $10, renewal fee: $5;

(31) Pony rider -- Outrider: $10, renewal fee: $5;

(32) Programmer: $10, renewal fee: $5;

(33) Security: $10, renewal fee: $5;

(34) Stable name: $15, renewal fee: $10;

(35) Starter: $15, renewal fee: $10;

(36) Assistant starter: $10, renewal fee: $5;

(37) Tattooer: $10, renewal fee: $5;

(38) Testing assistant; $10, renewal fee: $5;

(39) Trainer: $25, renewal fee: $10;

(40) Valet: $10, renewal fee: $5;

(41) Veterinarian: $25, renewal fee: $10;

(42) Veterinarian assistant: $10, renewal fee: $5;

(43) Duplicate license issued to the same person during the same year: $10;

(44) Multiple license: $25, renewal fee: $10.

The renewal fee applies if a licensee presents the licensee's previous year's license for validation for the current year's racing season. If the license from the previous year's racing season is not presented, the commission shall consider the request to be for a new license and the new license fee must be charged.

Cross-Reference: Persons required to be licensed -- Exemptions, § 20:04:29:01.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; transferred from § 20:04:03:35, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 11 SDR 143, effective April 29, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 14 SDR 126, effective April 3, 1988; 17 SDR 113, effective February 5, 1991; 25 SDR 95, effective January 20, 1999; 32 SDR 32, effective August 30,. 2005; 38 SDR 101, effective December 5, 2011.
General Authority: SDCL 42-7-67.
Law Implemented: SDCL 42-7-56(12), 42-7-67.

ARSD 20:04:29:14 Repealed

Education courses required for renewal.** Repealed.

History

Source: 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 20:04:30 Pari-mutuels and wagering

ARSD 20:04:30:01 Record of outstanding unredeemed certificate tickets

Each association shall carry on its books an account which shows the total amount due on outstanding unredeemed certificate tickets which represent the winning tickets not presented for payment.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:80, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:02 Filing of unredeemed tickets with the commission

At the close of each meeting a list of unredeemed tickets shall be filed with the commission and the association shall set aside sufficient money to insure payment of the tickets for a period of one year following the date on which the race was run.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:81, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR 63, effective October 18, 2006
General Authority: SDCL 42-7-56(13)
Law Implemented: SDCL 42-7-82(13)

ARSD 20:04:30:03 Repealed

Sale of printed matter. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:86, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 41 SDR 53, effective October 6, 2014.

ARSD 20:04:30:04 Mutuel manager to deliver wagering record to commission

The manager of the pari-mutuel department shall deliver to the commission at the end of each racing day a record showing the amount wagered in each pool, the commission and the breakage for each race, and the totals of each for the day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:19.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:05 Mutuel manager to deliver calculating sheets to the commission

The manager of the pari-mutuel department shall deliver to the commission representative at the conclusion of the meeting or at any time requested a copy of all take-off and calculating sheets.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:19.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:06 Responsibility of mutuel manager for conduct of his employees

The mutuel manager is responsible for the conduct of his employees; however, he is not responsible for their shorts or longs.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:07 Mutuel manager to report shorts and longs of his employees

Each seller or cashier is responsible to the mutuel manager for his shorts or longs; the shorts or longs shall be recorded and reported to the commission daily.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:08 Repealed

Determination of tenure in the mutuel department. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 1990.

ARSD 20:04:30:09 Licensing requirement for employees of the mutuel manager

The mutuel manager shall employ only those licensed by the commission unless by special permission of the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:10 Mutuel manager to control access to mutuel department

The mutuel manager shall allow no one to enter the mutuel department other than those entitled to do so by virtue of this article.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:25.01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:11 Mutuel manager to report reasons for discharging an employee

Upon discharging an employee, the mutuel manager shall report in detail to the commission his reasons for the action.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:25.02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:12 Responsibility of mutuel manager for odds board

The mutuel manager is responsible for the odds board and the information it reflects.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:13 Betting rules to be printed in the daily programs

The rules for pari-mutuel betting as specified by the commission shall be printed in the daily racing programs sold to the public within the premises of a racing association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:01, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:14 Winner's distribution requirements for pari-mutuel pool

After deduction of a commission of 18 1/4 percent and the breakage, a pari-mutuel pool shall be redistributed to the winning contributors; however, each association must, in all cases of a mutuel pool, redistribute not less than $1.10 on each $1.00 wager, even though it might be a minus pool. A violation of this rule shall be punished by revocation of license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:02, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:15 Redistribution of funds

Redistribution of funds which can be distributed to the contributors of a pari-mutuel pool shall be a sum equal to the next lowest multiple of ten.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:03, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:16 Bookmaking prohibited

No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for a gratuity.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:06, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:17 Touting by mutuel employees prohibited

Touting by employees of the mutuel department is not permitted. Violation of this rule will result in immediate dismissal of the offender and revocation of license.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:07, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:18 Purchase of tickets by minors prohibited

No person under 18 is permitted to purchase or cash a pari-mutuel ticket. Mutuel employees must demand proof of age from any person whose age is doubtful.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:08, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:19 Sales close at off bell

No tickets may be sold after the off bell has been sounded. The association is not responsible for uncompleted ticket sales caused by the locking of the mutuel machines.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:09, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:20 Wrong ticket claims

A claim by a person that a wrong ticket has been delivered to him must be made before leaving the mutuel ticket window. No other claims will be considered.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:10, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:21 Display of window numbers required

All seller and cashier windows must be numbered. The number of the window must be displayed at each window in direct view of the patron.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:11, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:22 Repealed

Displaying the payoff slip required. Repealed.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:12, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 25 SDR 95, effective January 20, 1999.

ARSD 20:04:30:23 Manager of the pari-mutuel department to be advised of which horses will compete

The manager of the pari-mutuel department shall be advised by the racing secretary prior to the beginning of wagering on each race of the horses that will compete in the race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:14, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:24 Wagering on an entry

With permission of the stewards, double entries of separate ownerships, trained by the same trainer, may be uncoupled for wagering purposes.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:24.01 Uncoupling for wagering purposes in stakes races

With the permission of the stewards or the director of racing, horses having the same owners and trainers may be uncoupled for wagering purposes in stakes races.

History

Source: 16 SDR 162, effective April 10, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(13).

ARSD 20:04:30:25 Manager of the pari-mutuel department to be advised of official placement

At the end of each race day, the placing judges shall advise the manager of the pari-mutuel department or his designated representative of the official placement of the horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:16, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:26 Requirements for automatic tote boards

An association using an electrical or mechanical tote system shall have an observer of the tote board on duty. In lieu of an observer, an association may have a telephone connecting the stewards and placing judges with the tote room.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:17, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:27 Mechanical tote required

Mechanical tote required An association is required to install and maintain mechanically operated totes in plain view of the patrons.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:18, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 21, effective August 21, 1992.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:28 Approval of tote board required

The tote board, its type, location, and size and the information displayed on it must be approved by the commission.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:19, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:29 Steward to sound closing bell

The state steward shall sound the bell closing the pari-mutuel machines no later than the opening of the starting gate.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:20, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:30 Wagered money to be refunded when horse excused

In all cases when a horse has been excused by the stewards after wagering has started, but before off time, all money wagered on the excused horse shall be deducted from the pool and shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:21, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:31 Effect on wagered money when horse is left at the post

If a horse is left at the post there shall be no refund, but if one or more horses is prevented from leaving the post because of being locked in the gate, all money wagered on those horses locked in the gate shall be deducted from the pool and refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:32 Refund of money if no horse finishes

If no horse finishes in the race, all money wagered on the race shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:23, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:33 Refunds on horses coupled on the same mutuel ticket

If two or more horses in a race are coupled on the same mutuel ticket, there shall be no refunds unless all of the horses so coupled are excused before off time or all of the horses so coupled are left locked in the gate.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:24, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:34 Effect on wagered money when a jockey weighs in short

If a jockey weighs in short of weight by more than two pounds and his mount is disqualified as a consequence, all money wagered on that horse shall be deducted from the pool and refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:25, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:35 Refunds on entries

If one of the jockeys riding the entry weighs in short of weight by more than two pounds and his mount is disqualified as a consequence, no refund may be made unless the other portion of the entry is also disqualified. All money wagered on the entry so disqualified shall be deducted from the pool and shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:26, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:36 Refund of money when race declared off

If a race is declared off by the stewards after wagering begins on that race, all money wagered on that race shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:27, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:37 Pool apportionment when no money wagered on winning horse to win

If a horse wins and there is no money wagered on him to win, the straight pool shall be apportioned among the holders of the place tickets on that horse, if any. If there are no holders of place tickets, the straight pool shall be apportioned among holders of the show tickets.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:28, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:38 Pool apportionment when no money wagered on placing horse to place

If a horse places first or second in a race and no money has been wagered on him to place, the place pool for that race shall be apportioned among holders of the place tickets on the other horse which was placed first or second.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:29, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:39 Pool apportionment when no money wagered on showing horse to show

If a horse places first, second, or third in a race and no money has been wagered on him to show, the show pool in that race shall be apportioned among the holders of show tickets on the other horses which are placed first, second, or third in that race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:40 Pool apportionment when only one horse finishes

If only one horse finishes in a race, the place and show pools shall be apportioned among the holders of place and show tickets on that horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:31, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:41 Pool apportionment when only two horses finish

If only two horses finish in a race, the show pool shall be apportioned among the holders of show tickets on those two horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:42 Effect of a steward's ruling on mutuel payoff

A ruling of the stewards with regard to the award of purse money made after the sign official has been purposely displayed shall have no bearing on the mutuel payoff.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:33, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:43 Effect of posting a payoff error

If an error is made posting the payoff figures on the public board, the error shall be corrected promptly and only the correct amounts shall be used in the payoff, regardless of the error on the public board. No change may be made in the payoff after the cashing of winning tickets has commenced. If an error is discovered before the payoff is started, the correct payoff shall be posted and a statement shall be made over the public address system stating the facts and the corrections.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:44 Association to pay overpay

An overpay resulting from an error shall be paid by the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:35, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:45 Underpay to go into comparative pool in following race

An underpay resulting from an error shall go into the comparative pool in the following race.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:36, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:46 Payment requirements -- Pari-mutuel system

Payments due on all wagers shall be made in conformity with the established practice of the pari-mutuel system which is to work in dollars and not in the number of tickets. The breakage permitted is deducted in all of the calculations arriving at the payoff prices; i.e., the odd cents over any multiple of 10 cents of winnings per dollar wagered are deducted and retained by the association.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:37, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:47 Emergency power of the manager of the pari-mutuel department

If an emergency arises in connection with the operation of pari-mutuel department which is not covered by these rules and an immediate decision is necessary, the manager of the pari-mutuel department shall make the decision and report the situation and its disposition to the commission in detail at once.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:48 Calculating the payoff in dead heat in straight pool

In the case of dead heat in the straight pool, the payoff price shall be figured as in a place pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:39, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:49 Calculating the payoff in dead heat for second

In the case of a dead heat for second in the place pool, the winner of the race shall receive its half share of the profits in that pool; and each of the two horses that dead heat for second shall receive one-half of the remaining half of the profits.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:40, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:50 Calculating the payoff in dead heat for third

In the case of a dead heat for third or show in the show pool, the first and second horses shall each receive a normal one-third of the profits in that pool; and the two horses that dead heat for third shall each receive one-half of the remaining third of the profits.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:41, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:51 Calculating the payoff in dead heat for entry or field horses

When two or more horses racing for one interest or field horses participate in dead heats, each horse of the entry or field is entitled to its proportionate share of the profits in the pool in which the dead heat occurs and in the other pools affected.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:42, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:52 Calculating the payoff in a multiple dead heat for entry or field horses

When two or more horses of an entry or field figure in a dead heat or multiple dead heats in one race, each horse of the entry or field participating is entitled to its proportionate award of the profits in the pool or pools that are affected. The sum of the total profits in each pool for the entry or field shall be used as a dividend to calculate the payoff for the entry or field in that pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:53 Daily double defined

The daily double is a contract by the purchaser of a daily double ticket to select the winners of each of the two races specified for the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:44, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:54 Calculating the daily double

The daily double is not a parlay. All tickets on the daily double shall be calculated in an entirely separate pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:45, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:55 Entry of field horses or entries in daily double race forbidden

No entries or field horses shall be allowed in races comprising the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:46, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:56 Apportioning the pool when no ticket combines the winners of the daily double

If no ticket is sold combining the two winners of the daily double, the net pool shall be calculated as a "win" pool and paid to holders of tickets selecting the winner of the first half of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:47, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:57 Apportioning the daily double pool when no ticket includes the winner of one race

If no ticket is sold which includes the winner of the first race of the daily double, then the entire pool shall be paid to the holders of tickets which include the winner of the last race of the daily double. If no ticket is sold which includes the winner of the last race of the daily double, the entire pool shall be paid to the holders of tickets which include the winner of the first half of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:48, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:58 Apportioning the daily double pool when no ticket includes the winner of either race

If no ticket is sold including a winner of either race of the daily double, then the pool shall be paid to holders of tickets which include horses finishing second in the two races of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:49, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:59 Refund when no ticket requires distribution of the daily double pool

If no ticket is sold which would require distribution of the daily double pool to a winner under this chapter, the association shall make a full refund of the daily double pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:50, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:60 Distribution of the pool when one daily double race is cancelled

If for any reason the first race of a daily double is cancelled, a full refund shall be made of the daily double pool. If for any reason the second race of the daily double is cancelled after the first race of the daily double has been completed, the entire daily double pool shall be distributed in proportion to the amount wagered on those combinations including the winner of the first race of the daily double to holders of tickets which include the winner of the first race of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:51, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:61 Refund when a horse is excused from first race of the daily double

If any horses in the first half of the daily double are excused by the stewards after the horses have left the paddock for the post or after the betting on the daily double has been closed or if any horses in the first half of the daily double are prevented from racing because of the failure of the stall doors of the starting gate to open, the money wagered on those horses shall be deducted from the daily double pool and refunded to the purchasers of tickets on those horses.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:52, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:62 Consolation when a horse is excused from the second half of the daily double

If a horse is scratched or excused in the second half of the daily double after the first half is official, all tickets including the scratched or excused horse shall become consolation tickets. They shall be paid at a price per dollar denomination calculated as follows: the net daily double pool, gross pool less commission, shall be divided by the total purchase price of all tickets including the winner of the first half. The quotient obtained is the price to be paid to holders of tickets combining the winner of the first half and the scratched or excused horse in the second half. The entire consolation pool, the number of eligible tickets times the consolation price, plus the breakage, shall be deducted from the net daily double pool.

History

Source: 5 SDR 87, effective April 15, 1979; 7 SDR 70, effective January 27, 1981; transferred from § 20:04:09:53, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:63 Posting of payoffs before second race required

Before the running of a race comprising the last half of the daily double pool, the pari-mutuel department shall post in a prominent place easily visible from the grandstand or shall publicly announce the payoff of each combination coupled with the winner of the first half of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:55, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:64 Posting payoff in case of dead heat in first race not required

In case of a dead heat for winner in the first half of the daily double, the payoff of the daily double need not be posted until after the running of the second half of the daily double, because of the complicated calculations involved. Announcement of this fact shall be made over the loud speaker and notice to this effect shall be posted on the board at conclusion of the first half of the daily double.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:65 Calculating pool in case of dead heat

If there is a dead heat in either the first or second race of the daily double, the total pool is figured as a place pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:57, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:66 Permission required for perfecta wagering

Perfecta wagering will be permitted only by special permission of the commission upon application by the licensee.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:58, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:67 Perfecta wagering on an entry permitted

In stake, handicap, and quarter horse races, perfecta wagering will be permitted on an entry. If an entry finishes first and second, the net perfecta pool shall be distributed to holders of tickets selecting the entry to win combined with the horse finishing third.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:59, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:68 Perfecta defined

The perfecta, also known as exacta or correcta, is a contract by the purchaser of a ticket to select the two horses that will subsequently finish first and second in a single race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:60, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:69 Perfecta not a parlay

The perfecta is not a parlay and has no connection with the win, place, and show betting. It shall be calculated as an entirely separate pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:61, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:70 Refund when horse excused

If a horse in a race in which there is perfecta wagering is excused by the stewards or locked in the gate, all money already wagered on combinations which include that horse shall be deducted from the perfecta pool and shall be refunded to purchasers of tickets on the horse.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:62, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:71 Apportionment when no ticket combines the winners of a perfecta

If no ticket is sold on the winning combination of a perfecta pool, the net pool shall be distributed as a place pool between holders of tickets selecting the winning horse to finish first and holders of tickets selecting the second horse to finish second.

History

Source: 4 SDR 7, effective August 14, 1977; 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:63, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:72 Calculation of the perfecta pool for a dead heat to win

For a dead heat to win, the perfecta pool shall be calculated as a place pool and distributed to all holders of tickets including these two horses regardless of their order of choice.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:64, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:73 Calculation of the perfecta pool for a dead heat to place

For a dead heat to place, the perfecta pool shall be calculated as a place pool and distributed to all holders of tickets showing the winner of the race as their win choice and either of the horses finishing in the dead heat as their place choice.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:65, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:74 Calculation of the perfecta pool for a dead heat for second place when no ticket combines one of the winners

If there is a dead heat for second place and no ticket is sold for one of the two winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combination. If no tickets combined the winning horse with either of the place horses in the dead heat, the perfecta pool shall be calculated and distributed to holders of tickets including the horse finishing first.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:66, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:75 Refund of money when no ticket has any combination of winners

If no ticket is sold on any of the combinations set out in this chapter, then all money wagered in the perfecta pool shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:67, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:76 Sale of big perfecta tickets

Big perfecta tickets shall be sold only at big perfecta windows and only from automatic double issue machines.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:69, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:77 Mechanics of the big perfecta

Each bettor purchasing big perfecta tickets shall designate his two selections as the first two horses to finish in that order in the first race of the two consecutive races. After the official declaration of the first two horses to finish in the first race of the big perfecta and before the running of the second big perfecta race, each bettor holding a ticket combining the first two horses in the exact order of finish shall exchange the winning ticket for a big perfecta exchange ticket at the big perfecta windows. At that time he shall select the two horses to finish in the second race of the big perfecta in the exact order as officially posted. No money is required of the holder of the ticket to make the exchange.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:70, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:78 Big perfecta exchange tickets

No big perfecta exchange ticket on the second race may be issued except upon the surrender of the big perfecta ticket from the first race as described in § 20:04:30:77. The big perfecta pool obtained from the sales of big perfecta tickets on the first race shall be held and divided among the winning tickets of the big perfecta exchange tickets. Big perfecta windows shall be open for the purpose of making the exchange of tickets only after the first race has been declared official. The windows shall close at official post time at the start of the second of the big perfecta races.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:71, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:79 Forfeit when ticket not presented -- Exceptions

If a winning big perfecta ticket from the first race is not presented for exchange within the time provided, the bettor forfeits all rights to any distribution or refund except if the second half of the big perfecta is cancelled or declared no race or if no exchange ticket includes either the first or second horse of the second half of the big perfecta.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:72, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:80 Refunds in case of a scratch in the first race

If a horse is scratched in the first race of the big perfecta, all big perfecta tickets on the scratched horse shall be refunded.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:73, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:81 Exchange in case of a scratch in the second race

If a horse is scratched in the second race of the big perfecta, the holders of tickets on the scratched horse may exchange their tickets for another selection.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:74, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:82 Division of the big perfecta pool when no ticket combines the winners of the first race

If no big perfecta ticket is sold as a winning combination in the first race of the big perfecta, the big perfecta shall be divided among those having tickets including the horses finishing first or second. Such distributions shall be calculated and made as a place pool. In such an instance, the big perfecta race shall end and the pool be closed for the day.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:75, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:83 Apportionment of the big perfecta pool if no exchange ticket combines the winners

If no exchange ticket is sold on the winning combination, the net pool shall be apportioned equally between those tickets including the horse finishing first and those tickets including the horse finishing second in the same manner in which a place pool is calculated and distributed. If no ticket is sold on the winning combination of a perfecta pool, the net pool shall be distributed as a place pool between holders of tickets selecting the winning horse to finish first and holders of tickets selecting the second place horse to finish second.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:76, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:84 Calculation of the big perfecta pool if the second race is cancelled

If for any reason the second of the big perfecta races is cancelled or declared no race, the pool shall be calculated as a straight pool and shall be distributed among the holders of the tickets combining the first two horses of the first race of the big perfecta, otherwise eligible for big perfecta exchange tickets and also distributed to holders of the big perfecta exchange tickets.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:77, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:85 Special permission required for quinella wagering

Quinella wagering will be permitted only by special permission of the commission upon application by the licensee.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:78, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:86 Distribution in quinella wagering

In stake, handicap, and quarter horse races, quinella wagering will be permitted on an entry. If an entry finishes first and second, the net quinella pool shall be distributed to holders of tickets selecting the entry to win combined with the horse finishing third.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:79, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:87 Quinella defined

The quinella is a contract by the purchaser of a quinella ticket to select the first two horses to finish in the race. The order in which the horses finish is immaterial.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:80, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:88 Quinella to be calculated as separate pool

All tickets on the quinella shall be calculated in a separate pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:81, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:89 Refund when a horse is excused

Refund when a horse excused. If a horse in a race on which there is quinella betting is excused by the stewards or locked in the gate, all money wagered on combinations which include this horse shall be deducted from the quinella pool and refunded to purchasers of tickets on the horse. After off time there shall be no refunds for these reasons.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:82, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:90 Quinella calculated as straight pool

Except for the contingencies stated in §§ 20:04:30:91 and 20:04:30:92, the quinella shall be calculated in the same manner as the straight pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:83, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:91 Distribution when no ticket combines finishers

If no ticket was sold combining the horses that finish first and second, the net pool shall be apportioned among those having tickets including the horse which finished first and the horse which finished second in the same manner in which a place pool is calculated and distributed. If no ticket was sold which would require this distribution, all money wagered in the quinella pool shall be refunded.

Cross-Reference: Place and show betting -- Combinations of races for betting, SDCL 42-7-77.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:84, 9 SDR 122, effective March 31, 1983; 12 SDR 155, effective March 30, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:92 Quinella payoffs in case of dead heat

If there is a dead heat for second place or if three horses finish in a dead heat for first place in a race on which there is quinella betting, the payoff shall be figured as a place pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:85, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:93 Trifecta pools and wagering

Any association licensed by the commission to conduct pari-mutuel racing meetings may with the approval of the commission conduct a trifecta pool, subject to the following limitations:

(1) The trifecta pool is a part of the pari-mutuel system of wagering. It is a contract between the association and the purchaser of a ticket combining three runners in a single race, selecting the runners that will finish first, second, and third in that race;

(2) Races in which trifecta pools are conducted must be approved by the commission and must be clearly designated in the program;

(3) Payment of the ticket may be made only to a purchaser who has selected the same order of finish as officially posted;

(4) The trifecta is not a parlay and has no connection with or relation to the win, place or show betting. It shall be calculated in a separate pool;

(5) If a runner is scratched or declared a nonstarter, no further trifecta tickets may be issued designating that runner. All tickets previously issued designating that runner shall be refunded and the money deducted from the gross pool;

(6) Coupled entries and fields are prohibited in trifecta races;

(7) If no ticket is sold on a winning combination of a trifecta pool, the net pool shall be apportioned equally between those having tickets selecting the first and second place runners. If no ticket is sold selecting the first and second runners in the trifecta pool, the net pool shall be apportioned equally between those having tickets selecting the runner or runners that finished in the trifecta race;

(8) If no selection is made as described in subdivision (7) of this section, the total number of tickets selecting the second runner for second and the third runner for third with any other runner shall divide the net pool and be paid the same payoff price;

(9) If there is a dead heat for first place, the winning combinations shall be the first two runners as finishing in either position and the runner finishing third. If there is a dead heat to place, the winning combinations shall be the runner finishing first and the two runners finishing in a dead heat for place, as finishing in either position. If there is a dead heat for third, the winning combinations shall be the runner finishing first, the runner finishing second, and the two runners finishing in a dead heat for third, as finishing in either position. All combinations described in this subdivision shall be divided into separate pools, calculated as place pools, and paid off accordingly;

(10) If there are triple dead heats or double dead heats, all such combinations formed shall be aggregated into one common pool which shall be calculated as a win pool and paid off accordingly;

(11) If less than three horses finish, the payoff shall be made to holders of tickets selecting the finishing horses in order, ignoring the balance of the selection; and

(12) If no ticket is sold that requires distribution of the net trifecta pool to a winner as provided in this section, the association shall make a full refund of the trifecta pool.

History

Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:09:86, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 144, effective April 12, 1987; 17 SDR 113, effective February 5, 1991; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:94 Purchase of twin trifecta tickets

Twin trifecta tickets may be sold only by the association and only from automatic issue machines. Each person purchasing twin trifecta tickets shall designate his three selections as the first three horses for finish in that order in the first race of the two races designated as the twin trifecta.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:95 Twin trifecta pool to be held separately

The twin trifecta pool shall be held entirely separate from all other pools and is no part of a daily double, perfecta, trifecta, or other wagering pool.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:96 Division of twin trifecta wagers into pools -- Maximum limit on jackpot pool

After the wagering closes for the first half of the twin trifecta, the commissions shall be deducted from the twin trifecta pool. The remaining money shall be divided into two separate pools of equal amounts. The first part of the twin trifecta pool is one-half of the net distributable money wagered on the twin trifecta of the current performance only. It does not include carryover from any previous performance.

The second part of the twin trifecta pool, called the jackpot pool, is a cumulative pool that contains one-half of the net distributable money wagered on the twin trifecta of the current performance plus any undistributed jackpot pools from previous performances up to a maximum value set by the commission. If the maximum set by the commission is reached during wagering on the twin trifecta, the wagering may continue; but the jackpot pool may exceed the maximum value set by the commission only by one-half the amount of the net pool wagered in that performance on the twin trifecta.

Cross-Reference: Distribution of jackpot pool -- Accumulation of pool, § 20:04:30:102.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:97 Payoff of first-half twin trifecta tickets

The money in the first part of the divided twin trifecta pool shall be distributed to the holders of winning twin trifecta tickets selecting the first three horses, in order, in the first twin trifecta race. These winning tickets entitle the holder to a twin trifecta exchange ticket.

If no ticket selects, in exact order, the first three horses finishing in the first half of the twin trifecta, payoffs shall be made on twin trifecta tickets selecting the first two horses in exact order. If no such ticket is outstanding, payoffs shall be made on tickets selecting the first horse. These tickets do not entitle the holder to an exchange ticket, but only to the payoff for first-half winners.

If no ticket selects the winner to win, regardless of the selection of the exact order of the second and third horse, all twin trifecta tickets shall be refunded.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:98 Exchange of winning twin trifecta tickets

After the official declaration of the first three horses to finish in the first race of the twin trifecta, each person holding a winning ticket must exchange the winning ticket prior to the running of the second twin trifecta race for both the monetary value established by the mutuels department and a twin trifecta exchange ticket. At that time the person shall select in exact order as officially posted the three horses to finish in the second race of the twin trifecta. No further money may be required of the holders of winning tickets in order to make the exchange. Twin trifecta exchange tickets on the second race shall be issued only upon surrender of twin trifecta tickets from the first race.

Mutuel windows, for the purpose of cashing and exchanging winning tickets, shall be open for the purpose of making exchanges only after the first race has been declared official. The windows shall close when wagering closes for the second race of the twin trifecta races.

If a winning twin trifecta ticket from the first race is not presented for cashing and exchange within the time provided, the ticket holder may still collect the monetary value attached to the ticket but forfeits all rights to any distribution of the second race twin trifecta pool.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:99 Disclosure of number of winning twin trifecta tickets eligible for exchange prohibited

No person may disclose the number of winning twin trifecta tickets eligible for exchange in the second twin trifecta race or any information regarding those tickets until the second race of the twin trifecta has been declared.

History

Source: 14 SDR 140, effective May 2, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:100 Twin trifecta tickets on scratched horse to be refunded in first race and exchanged in second race

If a horse is scratched in the first race of the twin trifecta, all twin trifecta tickets on the scratched horse shall be refunded. If a horse is scratched in the second race of the twin trifecta, public address announcements shall be made and time given for exchange of tickets on the scratched horse.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:101 Payoff in event of dead heat in either first or second twin trifecta race

In either the first or second race of the twin trifecta, all twin trifecta tickets that select the correct order of finish counting a horse in a dead heat as finishing in any position dead heated are winning tickets.

The total number of winning tickets shall be divided into the net pool and paid the same payoff price.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:102 Distribution of jackpot pool -- Accumulation of pool

The jackpot pool shall be distributed only to holders of second-half twin trifecta tickets selecting the first three officially declared finishers in exact order in the second twin trifecta race. If there is no twin trifecta ticket issued selecting in exact order the officially declared first three finishers of the second twin trifecta race, the jackpot pool shall be held for the next consecutive performance and combined with the second race twin trifecta pool of that performance until any of the following occur:

(1) A twin trifecta ticket is issued designating in the exact order of finish the first three officially declared finishers of a second twin trifecta race;

(2) The maximum amount permitted to accumulate in the twin trifecta jackpot pool pursuant to § 20:04:30:96 is reached; or

(3) The last twin trifecta race of the last performance of the last meeting in a calendar year is concluded.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:103 Distribution of current program's divided pool when second half of twin trifecta is not declared official

If for any reason the second half of the twin trifecta is not declared official, the winning ticket holders who have cashed their tickets on the first half and have received exchange tickets are entitled to the second half of the current program's divided pool.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:104 Carryover of maximum jackpot pool -- Establishment and accumulation of seed pool

When the maximum amount permitted to accumulate in the twin trifecta jackpot pool pursuant to § 20:04:30:96 is reached during a performance in which no one holds a winning ticket for the second twin trifecta race, the value of the jackpot pool reached during that performance shall be carried over to subsequent performances until a winning twin trifecta ticket is issued for the second twin trifecta race.

While the maximum jackpot pool is being carried over, the consolation pool shall be awarded as provided in subdivisions 20:04:30:93(10) and (11), and the share of total wagers ordinarily increasing the jackpot pool shall be placed in a seed pool. If there is no winning ticket on the second twin trifecta race, the seed pool shall accumulate until one of the following occurs:

(1) A winning ticket on the second twin trifecta race is issued;

(2) The seed pool exceeds the maximum allowed under § 20:04:30:96 for the jackpot pool; or

(3) The last performance of the last meeting in a calendar year has concluded.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:105 Distribution of jackpot and seed pools

If a winning twin trifecta ticket on the second twin trifecta race is issued when the seed pool is in existence, the jackpot pool shall be awarded to the winner; and the seed becomes the jackpot pool for the next performance.

If the twin trifecta carryover is designated for distribution on a specified date and performance, winning tickets for the second half of the twin trifecta after completion of the first half of the twin trifecta are determined as follows:

(1) As a single price pool to those whose combination finished in correct sequence as the first three betting interests;

(2) If there are no wagers as described in subdivision (1) of this section, as a single price pool to those whose combination included, in correct sequence, the first two betting interests;

(3) If there are no wagers as described in subdivision (2) of this section, as a single price pool to those whose combination correctly selected the first-place betting interest only;

(4) If there are no wagers as described in subdivision (3) of this section, as a single price pool to holders of valid exchange tickets; and

(5) If there are no holders of valid exchange tickets, as a single price pool to holders of outstanding first-half winning tickets.

History

Source: 14 SDR 126, effective April 3, 1988; 22 SDR 189, effective July 11, 1996.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:106 Special race for final distribution of pools and wagers on second twin trifecta race

If no further twin trifecta races are scheduled or planned at a facility, a special race may be held, after securing permission from the director of racing, for the purpose of final distribution of the jackpot pool, the seed pool, and the net total performance's wagers under the consolation pool provisions in subdivisions 20:04:30:96(10) and (11). If no winner is selected, the jackpot and seed pools and the net total performance's wagers shall be distributed equally to all ticket holders on the race.

History

Source: 14 SDR 126, effective April 3, 1988.
General Authority: SDCL 42-7-56.
Law Implemented: SDCL 42-7-56.

ARSD 20:04:30:107 Daily triple defined

The daily triple is a contract by the purchaser of a daily triple ticket to select the winners of each of the three races specified for the daily triple.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:108 Calculating the daily triple

The daily triple is not a parlay. All tickets on the daily triple shall be calculated in an entirely separate pool.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:109 Entry of field horses or entries in daily triple race forbidden

No entries of field horses are allowed in races comprising the daily triple.

History

Source: 16 SDR 129, effective February 4, 1990.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:110 Calculating the pool if no ticket combines winners of daily triple

If a ticket combining the three winners of the daily triple is not sold, the pool shall be calculated as a "win" pool and paid to holders of tickets selecting the winner of any two races of the daily triple.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:111 Repealed

Calculating the pool if no ticket combines winners of daily triple or the winners of the first two races. Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:30:112 Repealed

Calculating the daily triple pool if no ticket combines the winners or has winners of the first two or last two races. Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:30:113 Distribution of pool if no ticket includes winner of two races

If a ticket requiring the distribution of the pool pursuant to § 20:04:30:110 is not sold, the amount of the pari-mutuel pool shall be distributed among the holders of tickets that select the winner of any one race included in the daily triple.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:114 Repealed

Distribution of pool if no ticket includes winner of first race of daily triple. Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:30:115 Repealed

Calculating the daily triple pool if no ticket includes the winner of the first or second race. Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1993.

ARSD 20:04:30:116 Refund if no ticket requires distribution of daily triple pool

If a ticket which requires the distribution of the daily triple pool to a winner under §§ 20:04:30:110 and 20:04:30:113 is not sold, the association shall make a full refund to the daily triple pool.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:117 Distribution of pool if one or two of daily triple races cancelled

If one or two of the races of the daily triple are cancelled, the net amount of the daily triple pari-mutuel pool shall be distributed as provided in §§ 20:04:30:110 and 20:04:30:113.

Cross-Reference: Distribution of daily double pool, §§ 20:04:30:60.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:117.01 Distribution of pool if three daily triple races are cancelled

Distribution of pool if three daily triple races cancelled. If all three of the daily triple races are cancelled or declared no contest, the entire pool shall be refunded on daily triple wagers for those contests.

History

Source: 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:118 Repealed

Refund if horse excused from first race of daily triple. Repealed.

History

Source: 16 SDR 129, effective February 4, 1990; repealed, 19 SDR 21, effective August 20, 1992.

ARSD 20:04:30:119 Race favorite substituted for horse excused, scratched, or nonstarter in daily triple

If a daily triple ticket selects an entry in one or more of the races comprising the daily triple that is excused, scratched, or determined by the stewards or racing judges to be a nonstarter in the race. the actual favorite as determined by the amounts wagered in the win pool at the time of the start of the race shall be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs. If the win pool total for two or more favorites is identical, the substitute selection is the betting interest with the lowest program number.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:120 Calculating pool in case of dead heat

If there is a dead heat between two or three of the entries in any daily triple race, all entries in the dead heat for win shall be considered as winning entries in the race for the purpose of calculating the pool.

History

Source: 16 SDR 129, effective February 4, 1990; 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:121 Sale, exchange, or cancellation of tickets after close of wagering prohibited

Sale, exchange, or cancellation of a pari-mutuel ticket for the daily triple after the close of wagering in the first of the three races comprising the daily triple is prohibited. Refunds required or allowed by this article may be made.

History

Source: 19 SDR 21, effective August 20, 1992.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5).

ARSD 20:04:30:122 Superfecta pool and wagering

Any association licensed by the commission to conduct pari-mutuel racing meetings may with approval of the commission conduct a superfecta pool, subject to the following:

(1) The superfecta requires selection of the first four finishers, in the exact order, for a single contest;

(2) The net superfecta pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(a) As a single price pool to the wagers with a combination finished in correct sequence as the first four betting interests. However, if there are no such wagers; then

(b) As a single price pool to the wagers with a combination included, in correct sequence, the first three betting interests. However, if there are no such wagers; then

(c) As a single price pool to the wagers with a combination included, in correct sequence, the first two betting interests. However, if there are no such wagers; then

(d) As a single price pool to the wagers with a combination correctly selected the first-place betting interests only. However, if there are no such wagers; then

(e) The entire pool shall be refunded on superfecta wagers made for that contest;

(3) If less than four betting interests finish and the contest is declared official, payouts shall be made based upon the order of finish of the betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest shall be ignored;

(4) If there is a dead heat for first involving:

(a) Contestants representing four or more betting interests, all of the wagering combinations selecting four betting interests which correspond with any of the betting interests involved in the dead heat shall share in a profit split;

(b) Contestants representing three betting interests, all of the wagering combinations selecting the three dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests shall share in a profit split; and

(c) 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;

(5) If there is a dead heat for second involving:

(a) Contestants representing three or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the three betting interests involved in the dead heat for second shall share in a profit split; and

(b) Contestants representing two betting interests, both 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;

(6) 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 shall share in a profit split;

(7) 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; and

(8) Coupled entries and mutual fields are prohibited in any superfecta contest.

History

Source: 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(5).
Law Implemented: SDCL 42-7-56(5)(13).

Chapter 20:04:31 Definitions

ARSD 20:04:31:01 Definitions

20:04:31 :01. Definitions. In addition to the definitions contained in SDCL 42-7-48, terms used in this article mean:

(1) "Added money," the money which an association adds in a stakes race to the nominating and starting fee;

(2) "Age of a greyhound," age reckoned from the day a greyhound was whelped;

(3) "Age of a horse," the assigned age of a horse reckoned from the first day of January in the year in which the horse is foaled;

(4) "Arrears," all sums due for entrance money fees, including jockey fees if applicable, subscriptions, stakes, forfeitures, purchase money in claiming races, and any default incident to this article;

(5) "Association," a person, persons, association, or corporation licensed to conduct a racing meet under SDCL 42-7;

(6) "Authorized agent," a person appointed by a written instrument signed and acknowledged before a notary public by the owner and filed in accordance with § 20:04:13:74 or 20:04:21:32;

(7) "Big perfecta," a form of pari-mutuel wagering in which the bettor selects the two greyhounds or horses that will finish first and second in each of two consecutive races in the exact order as officially posted;

(8) "Breaks," or "breakage," the difference between the amount contributed to the pari-mutuel pool and the total of the commissions and sums redistributed to the contributors;

(9) "Bred," the place of a horse's birth;

(10) "Breeder," the owner of a greyhound's dam at the time of whelping or the owner of a horse's dam at the time of foaling;

(11) "Commission," the South Dakota commission on gaming;

(12) "Crate," an enclosure for the individual housing of greyhounds;

(13) "Day," a 24-hour period ending at midnight;

(14) "Declaration," the act of withdrawing an entered greyhound from a race at least one-half hour before the time designated for the drawing of post positions for the race in which the greyhound is entered; or the act of withdrawing an entered horse from a race before closing of overnight entries;

(15) "Duration of meeting," from 10:00 a.m. of the first day of a meeting to one hour after the last race of the last day;

(16) "Entry," a horse eligible to run in a race, two or more horses owned by the same owner or trained by the same trainer which are entered to run in a race, or a greyhound entered to run;

(17) "Equipment," whips, blinkers, tongue straps, muzzles, hoods, nosebands, bits, shadow rolls, martingales, breast plates, bandages, boots, plates (shoes), and all other paraphernalia common or otherwise which might be used on or attached to a horse while racing; or muzzles, number blankets, and all other paraphernalia common or otherwise which might be used on or attached to a greyhound while racing;

(18) "Established weight," the racing weight established by the owner or trainer as a greyhound's best racing weight;

(19) "Forfeit," money due because of an error, fault, neglect of duty, breach of contract, or penalty;

(20) "Foul riding," all acts of a jockey committed in the running of a race which are designed to gain unfair or unsportsmanlike advantage, to the end of improving his own chance or position in the race or of lessening the chance or position of another in the race;

(21) "Fraudulent or corrupt practice," an attempt to enrich oneself or one's associates or gain an advantage through unfair, unlawful, or dishonest behavior in connection with the racing of horses or greyhounds; those practices listed in SDCL 42-7-91;

(22) "Horse," a colt, filly, gelding, mare, or ridgling or an entire male five years old or older designated for racing purposes and programming as follows:

(a) "Male," a horse, colt, gelding, or ridgling;

(b) "Female," a filly or mare. A filly becomes a mare when five years old;

(23) "Host track," the licensee conducting live racing from which simulcasting originates;

(24) "Interstate simulcasting," the telecast of live audio and visual signals conducted outside the state of South Dakota to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(25) "Intrastate simulcasting," the telecast of live audio and visual signals of racing conducted on a licensed track within South Dakota to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(26) "Jockey," a race rider, whether a licensed jockey, an apprentice, or an amateur;

(27) "Kennel name," any type of name other than the legal name or names of the owners;

(28) "Kennel operator," the person designated by a kennel owner to preside over and be responsible for the daily operations of the kennel;

(29) "Kennel owner," a person who has contracted with the association to race greyhounds at the meeting conducted by the association. A kennel owner may or may not be a true owner;

(30) "Lead-out," the attendant who handles the greyhound while enroute to the starting box;

(31) "Lessee," a person who holds a contract for the racing of a greyhound or horse in his name;

(32) "Licensee," or "license holder," a person granted an occupational license in connection with greyhound or horse racing issued by the South Dakota racing commission; or a corporation, association, organization, partnership, or individual granted a license to conduct racing in South Dakota;

(33) "Locked in the gate," a condition which prevents a horse from leaving the post at off time when the other horses officially start because of the failure of the front door of the gate to open simultaneously with the other doors;

(34) "Lure," a mechanical apparatus consisting of the following components: 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 track, and a reasonable facsimile of a rabbit attached to the pole;

(35) "Maiden," a horse which has never won a race on the flat in any country; a greyhound which has never won a race other than a match or private sweepstakes;

(36) "Matinee," a schedule of races conducted on a racetrack in daylight hours;

(37) "Meeting," the series of dates which have been allocated and granted by the commission to any one association to conduct live racing during a calendar year, or the series of dates which have been allocated and granted by the commission to an association to conduct satellite simulcast races during the period of time between live seasons. A satellite simulcast race during a live season by an association is part of the live season;

(38) "Minor," a person under the age of 18 years;

(39) "Month," a calendar month;

(40) "Night performance," a schedule of races conducted on a racetrack during night hours;

(41) "Nominator," the person in whose name a horse or greyhound is entered for a race;

(42) "Off time," the moment at the start of a race at which the dogs break and run; the instant the stall doors of the starting gate open in front of the horses at the start of the race;

(43) "Operating hours," the hours in which pari-mutuel windows are open;

(44) "Owner," a sole owner, part owner, or lessee of a horse or greyhound;

(45) "Owner-trainer," a person who is a kennel owner and conditions greyhounds for racing;

(46) "Pari-mutuel output data," the data provided by the totalizator system other than sales transaction data, including odds, will pays, race results, and payoff prices;

(47) "Perfecta," a form of pari-mutuel wagering in which the bettor selects the two greyhounds in a single race that finish first and second as officially posted; also called an exacta in horse racing;

(48) "Place," for greyhounds, the first, second, or third winners of a race who are in that order called "win," "place," and "show," for horses, the first, second, third, and fourth winners of a race are in that order called "win," "place," "show," and "fourth";

(49) "Post position," the position assigned to a horse or greyhound at the start of the race;

(50) "Post time," the time set for the arrival at the starting point of the greyhounds or horses in a race;

(51) "Program," a schedule of races of either a matinee or night performance conducted in any racing day;

(52) "Quarter horse," a horse registered with the American Quarter Horse Association which is entered in a race of less than one-half mile;

(53) "Quinella," a form of pari-mutuel wagering in which the bettor selects the two greyhounds or horses in a single race that finish first and second, but not necessarily in the order officially posted;

(54) "Race," a contest for purse, stakes premium, wager for money, or entry fees on any course and in the presence of appointed racing officials;

(55) "Ruled off," barred from the grounds of an association and denied all racing privileges;

(56) "Sales transaction data," the transmitted data between totalizator ticket-issuing machines and the totalizator central processing unit for the purpose of accepting wagers and generating, canceling, and cashing pari-mutuel tickets and the financial information resulting from processing sales transaction data, such as handle;

(57) "Satellite facility," a facility licensed by the commission, where patrons may place and collect wagers placed on horse and greyhound races through interstate combined wagering pools; or the live race facility during the period of time between live seasons;

(58) "Satellite simulcast performance," the period beginning when mutuel windows open for betting until thirty minutes after official results of the final race have been posted at a facility receiving simulcast races;

(59) "Satellite wagering," pari-mutuel wagering at a satellite facility located within South Dakota;

(60) "Scratch," the act of withdrawing an entered horse or greyhound from a race after the drawing for post positions in that race has been completed, with no substitutions or replacement allowed;

(61) "Scratch time," the time set by the association for the closing of applications for permission to withdraw from races of that day;

(62) "Simulcast," a telecast of live audio and visual signals from a live track to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(63) "South Dakota resident," a person who is eligible to vote in a South Dakota general election;

(64) "South Dakota bred horse," a horse that is foaled in this state whose dam is owned, in whole, at the time of foaling by a South Dakota resident;

(65) "South Dakota owned horse," a horse that is the property of a South Dakota resident for at least 60 days prior to date of entry in a race;

(66) "Stable names," all names used which do not reveal the actual identity of the owner or owners;

(67) "Starter," a greyhound or horse at the time the starter dispatches the greyhounds or horses for a race and the doors or gates of the starting box or gate open in front of it; the official whose duty it is to give the starting signal at the beginning of the race;

(68) "Stewards," the stewards of the meeting or their deputies;

(69) "Subscription," the act of nominating to a stakes race;

(70) "Superfecta," a contract by the purchaser of a ticket combining four greyhounds in a single race, selecting the first four finishers in the exact order of finish as officially posted;

(71) "Suspension," or "suspended," the withdrawal of a privilege granted to a license holder by the stewards, judges, or commission;

(72) "Trainer," a person employed by an owner to condition greyhounds for racing;

(73) "Tri-super combination," the form of pari-mutuel wagering in which the bettor selects the three or four animals that finish first, second, third, and fourth in each of the two designated races in the exact order as officially posted;

(74) "True owner," the person, persons, or corporation whose name or names designate ownership on a greyhound's registration papers (see "Owner,");

(75) "Tote," or "tote board," the board on which approximate odds are posted; the totalizator;

(76) "Twin trifecta," the form of pari-mutuel wagering in which the bettor selects the three animals which finish first, second, and third in each of the two designated races in the exact order as officially posted;

(77) "Untried horse," one whose produce are maidens;

(78) "Weighing in," the weight of the greyhound taken at first weighing in, in accordance with § 20:04:12:53.01;

(79) "Weighing out," the weight of the greyhound previous to post time or time of the race in which it is entered;

(80) "Weight for age," the standard weight assigned by these rules to horses according to their age;

(81) "Whelped," the birth of a greyhound;

(82) "Winnings," all net moneys won in all countries, up to the time appointed for the start, including walkovers and forfeits but no second and third money or the value of a prize not in money; and

(83) "Year," a calendar year.

History

Source: 5 SDR 87, effective April 15, 1979; 8 SDR 94, effective February 14, 1982; transferred from § 20:04:02:01, 9 SDR 122, effective March 31, 1983; 10 SDR 83, effective February 5, 1984; 11 SDR 138, 11 SDR 143, effective April 21, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 2, effective July 20, 1986; 13 SDR 95, effective January 11, 1987; 13 SDR 144, effective April 12, 1987; 13 SDR 206, effective July 12, 1987; 14 SDR 126, effective April 3, 1988; transferred from §§ 20:04:10:01 and 20:04:16:01, 15 SDR 150, effective April 15, 1989; 17 SDR 113, effective February 5, 1991; 19 SDR 21, effective August 20, 1992; 41 SDR 53, effective October 6, 2014.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13).

Chapter 20:04:32 Satellite wagering

ARSD 20:04:32:01 Definitions

Terms used in this chapter mean:

(1) "Commingled pool," the combination of wagering data and moneys wagered for specific pools of the host track with wagering data and moneys wagered for specific pools of satellite facilities for the purposes of calculating the odds and the payout prices and allowing for the satellite facilities to adopt the host track's takeout rate;

(2) "Core to core transmission," the accumulation of wagering data in one pari-mutuel facility totalizator system and transmission of this data directly to the totalizator system of another pari-mutuel facility;

(3) "Decoder," a device to convert encrypted audiovisual signals or data, or both, into a form recognizable as the original content of the signals;

(4) "Encryption" or "encrypted," the scrambling or other manipulation of audiovisual signals to mask the original audio and video content of the signals and so cause such signals to be indecipherable and unrecognizable to any person receiving such signal unless the person has a decoder;

(5) "Host track," the racetrack that is conducting live racing;

(6) "Simulcast," a telecast of live audio and visual signals from a live track outside the state of South Dakota to an authorized facility within South Dakota for the purpose of pari-mutuel betting;

(7) "Satellite facility," an off-track betting site authorized by the commission to receive a broadcast of races for the purpose of conducting pari-mutuel wagering;

(8) "Satellite performance," a schedule of races received by a satellite facility;

(9) "Satellite provider," a licensee authorized by the commission to provide satellite wagering to a satellite facility;

(10) "Satellite wagering," pari-mutuel wagering at a satellite facility located within South Dakota;

(11) "Takeout," the percentage of the pari-mutuel pool deducted by the track, which includes pari-mutuel taxes, breakage, etc., prior to distribution of the pool;

(12) "Ticket issuing machine" or "TIM," a machine which prints hard copies of wagers;

(13) "Totalizator system," a computer system that accepts, records, issues, and accounts for all wagering information and transactions that occur during a race meeting;

(14) "Tote" or "tote board," the board on which payouts and approximate odds are posted, the totalizator;

(15) "Handicapping tournament," an organized event, sponsored by one or more licensees after approval by the executive secretary, that permits a player to either purchase or be awarded the opportunity to engage in competitive play against other players;

(16) "Buy-in," an advertised entry fee paid by each player to participate in a handicapping tournament.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:02 Satellite licenses

The commission may issue the following satellite licenses, which are required to conduct pari-mutuel wagering:

(1) Satellite provider;

(2) Satellite facility; and

(3) Pari-mutuel clerk.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13)(14).
Law Implemented: SDCL 42-7-56(12)(13)(14), 42-7-58.1, 42-7-58.6, 42-7-63, 42-7-64.

ARSD 20:04:32:03 Satellite applications

An applicant for any of the required satellite licenses must apply on a form provided by the commission. The application may include questions concerning the following:

(1) Personal background information;

(2) Financial information;

(3) Participation in legal or illegal gaming activities in South Dakota or other jurisdictions, including foreign countries; and

(4) Other information as required.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13)(14).
Law Implemented: SDCL 42-7-56(12)(13)(14), 42-7-58.1, 42-7-58.7, 42-7-59, 42-7-64.

ARSD 20:04:32:04 License fees and renewals

The commission shall charge the following license renewal fee:

(1) Satellite provider license. The license fee is $10 for the initial performance of horse racing and $10 for the initial performance of dog racing per day;

(2) Satellite facility license. The license is renewable January 1 of each year;

(3) Pari-mutuel clerk license. The license fee is $10 and is renewable annually on January 1 of each year for $5.

An additional fee may be required to conduct the background investigation of a satellite provider or facility. If the commission or executive secretary determines that an additional fee is needed to continue or complete the investigation of an applicant, the processing of the application must cease; and the commission or executive secretary must inform the applicant of the additional fee required. As soon as the applicant has furnished the additional fee, the processing must continue.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-56(12)(13), 42-7-58.1, 42-7-58.7, 42-7-67.

ARSD 20:04:32:05 Contracts required

The satellite provider is required to obtain the following contracts and submit a copy to the commission for approval:

(1) A contract with the tote company to provide totalizator service;

(2) A contract with the satellite facility to conduct satellite wagering via core to core or machine (TIM) to tote transmissions with an out-of-state host track; and

(3) A contract with the out-of-state host track.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1, 42-7-58.2.

ARSD 20:04:32:06 Providing of commingled pools

The satellite provider may only offer commingled pools, which are the same as those offered by the host track, but the satellite provider is not required to offer each pool offered by the host track. Satellite providers may elect to exclude certain pools offered by the host track upon contractual agreement between the satellite provider and the host track. The host track shall determine the minimum ticket price that is available for each pool.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:07 Notice to commission of hours of operation

A licensee must notify the commission in writing of its normal hours of operation.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1, 42-7-64.

ARSD 20:04:32:08 Licensing of employees at satellite facilities

Only a person licensed by the commission may be employed by the licensee to accept or cash pari-mutuel wagers at a satellite facility.

History

Source: 13 SDR 206, effective July 12, 1987; 16 SDR 129, effective February 4, 1990; 22 SDR 189, effective July 11, 1996; transferred from § 20:04:15.01:14, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(12)(13).
Law Implemented: SDCL 42-7-56(12)(13), 42-7-58.1.

ARSD 20:04:32:08.01 Employee wagering on site prohibited

No licensed employee of a satellite facility may place a wager for their own benefit at any satellite facility where the licensee is employed.

History

Source: 28 SDR 24, effective August 28, 2001.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:09 Inspection of satellite facility

Prior to the satellite facility accepting pari-mutuel wagers, commission staff shall perform an inspection of the facilities and equipment.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(10)(13).
Law Implemented: SDCL 42-7-56(10)(13), 42-7-58.1.

ARSD 20:04:32:10 Approval of transmission method

The executive secretary shall approve the method used to transmit wagering output data based on the determination that provisions to secure the system and transmissions are satisfactory.

History

Source: 13 SDR 206, effective July 12, 1987; 22 SDR 189, effective July 11, 1996; transferred from § 20:04:15.01:03, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:11 Separate transmission of data

Sales transaction data must be transmitted separately from pari-mutuel output and the visual display of the races.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:04, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:12 Satellite facility transactions to be maintained as separate account

All sales transaction data from a satellite facility and the tote company to the satellite provider must be maintained as a separate account for audit purposes.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:06, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:13 Testing of satellite equipment

No later than fifteen minutes prior to the commencement of transmission of a race, the satellite facility shall perform a test to assure proper operation of the broadcast system. The following items must be included in the test: the transmitter, encryption, decoding, and data communication. Any irregularity shall be reported to the commission within twenty-four hours.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:14 Availability of replacement equipment

Replacement equipment or a totalizator mechanic must be available at the satellite facility to provide for immediate repair in the case of equipment failure.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:10, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:15 Licensee responsible for reporting delays

The licensee and satellite facility are responsible for reporting any problems or delays to the public.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:11, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:16 Delay post times

Display post times.** The satellite facility shall display the post time for each host track in the satellite facility's local time.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:17 Availability of official daily programs

The licensee shall make available to the licensee's patrons a copy or facsimile of the official daily race program from each host track sending a signal to the satellite facility.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:18 Posting of previous day's results

The results of each race and the payoffs shall be posted at the satellite facility the next race day following the day of the race.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:12, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:19 Television or video monitors required

The satellite facility must provide sufficient television or video monitors for both the mutuel employees and patrons to view each televised race.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:20 Information to be provided

A video monitor for each racetrack from which races are being televised must be in operation in public view during hours of operation. The monitor shall display the following information:

(1) Odds;

(2) Race results;

(3) Prices or payoffs; and

(4) Minutes to post.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:07, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(5)(13).
Law Implemented: SDCL 42-7-56(5)(13), 42-7-58.1.

ARSD 20:04:32:21 Video display breakdown of odds

A breakdown in the video display as required in § 20:04:32:20 may cause the closing down of the satellite facility if there are no provisions for audio or visual odds or payoffs.

History

Source: 13 SDR 206, effective July 12, 1987; transferred from § 20:04:15.01:08, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:22 Discovery of violations

A licensee must immediately notify the executive secretary of the discovery of a violation or of a suspected violation of SDCL chapter 42-7 or this article.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:23 Patron complaints

The licensee at the satellite facility shall address patron complaints and questions.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:24 Patron disputes

A licensee must notify the disputing patron that the patron has a right to file a complaint with the commission. If a licensee refuses payment of alleged winnings to a patron, the licensee and the patron are unable to resolve the dispute to the patron's satisfaction, or the dispute involves at least $250, the licensee must immediately notify the executive secretary or a designee. The executive secretary or designee shall conduct an investigation The executive secretary must notify the licensee and the patron in writing of the executive secretary's decision regarding the dispute within 30 days after the date that the notice of the dispute was received by the executive secretary. A licensee's failure to notify the executive secretary, failure to notify the patron of the patron's rights, or failure to pay after an adverse decision is grounds for disciplinary action.

Cross-References:

Complaints authorized -- Procedure following filing, § 20:04:01:19.

Dismissal of complaint, § 20:04:01:20.

Informal consultation, § 20:04:01:21.

Assurance of voluntary compliance, § 20:04:01:22.

Formal proceedings, § 20:04:01:23.

Contents of commission complaint, § 20:04:01:24.

Date of hearing, § 20:04:01:25.

Answer, § 20:04:01:26.

Disqualification, § 20:04:01:27.

Final action by commission, § 20:04:01:29.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:25 Satellite wagering procedures

Satellite wagering procedures include:

(1) Prior to the commencement of wagering of the first race on a satellite wagering program, either the audio or video signals must be present at the satellite facility in order for satellite wagering at the satellite facility to be conducted. If both the audio and visual signals are lost, wagering may continue only until the scheduled post time of the current race at the out-of-state host track and may not resume until either the audio or visual signal is restored. Any advance bets made, provided there has not been an accompanying data transmission failure, must be treated as valid bets and paid out accordingly. Any wager that encompasses more than one race shall be unaffected by signal problems encountered in any race of the sequence other than the first; and

(2) If either the satellite facility or host track's totalizator system fails and there is an impairment of the ability of a totalizator to record, classify, or accumulate wagering data or to do calculations, or if wagering data is lost, the following procedures shall apply:

Any money wagered on the race that was entered into the host track's pools from that satellite facility's totalizator system prior to the time of failure shall remain in the host track's pools and the satellite facility shall pay the track prices. If money wagered is not entered into the host track's pool, the satellite facility has the option to refund each wager, pay track odds, or form separate pools.

A set policy shall be determined by the satellite facility and shall be posted.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:26 Tournaments -- Prior approval of executive secretary needed

A handicapping tournament must have prior approval of the executive secretary.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:27 Tournaments -- Statement to executive secretary

Before a handicapping tournament begins, the licensee must submit to the executive secretary a written statement containing the rules, places which shall be declared winners, disbursements of the prize money, and the dates of the tournament.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:28 Licensee may determine purse in tournaments

The licensee may determine the amount of the tournament purse and the method of distribution by utilizing any method approved by the executive secretary. The number of winning places shall be determined by the licensee and submitted to the executive secretary prior to the commencement of a tournament.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:29 Amount retained by licensee in tournaments

No more than ten percent of the total buy-ins or entry fees paid in a tournament may be retained by the licensee as adjusted gross proceeds.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:30 Report to commission in tournaments

Within 48 hours after the conclusion of a tournament, the licensee shall prepare a written report containing a list of each participant, winner, place taken, amount of prizes awarded, and the amount of funds retained by the licensee. The licensee shall maintain this list in the licensee's records for five years.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:31 Pari-mutuel ticket

Each pari-mutuel ticket issued must have printed on it:

(1) The name of the racetrack or association;

(2) The number of the race;

(3) The unique computer-generated ticket number;

(4) The date the ticket was issued;

(5) The date of the race for which the ticket was issued;

(6) The number of the ticket-issuing machine;

(7) The type of pool;

(8) The number of each entry on which the wager was placed; and

(9) The dollar amount of the wager.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:32 Sale of pari-mutuel tickets

No pari-mutuel tickets may be sold except through regular ticket windows or pari-mutuel terminals approved by the executive secretary. Each ticket sale must be a cash sale. A valid winning ticket or a credit voucher issued by a pari-mutuel machine from the same facility may be considered cash for purposes of this section.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:33 Wrong ticket claims

Any claim by a person that a wrong ticket has been delivered to the person must be made before leaving the ticket window. No claim may be considered thereafter and no claim need be considered for tickets thrown away, lost, changed, destroyed, or mutilated beyond identification. Payments of wagers shall be made only on presentation of appropriate tickets.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:34 Surrender of pari-mutuel tickets required

Payment of any winning pari-mutuel ticket shall be made only upon presentation and surrender of the ticket. No claim may be allowed for any lost or destroyed winning tickets.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:35 Repealed

Time for claiming payments from pari-mutuel pool.** Repealed.

History

Source: 26 SDR 92, effective January 16, 2000; repealed, 35 SDR 112, effective January 11, 2010.

ARSD 20:04:32:36 Displaying of ticket cashing procedures

Each South Dakota satellite facility shall publicly display information regarding the amount of time patrons have to cash satellite tickets at the satellite facility. The tickets may only be cashed at the satellite facility where the ticket was purchased.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(13).
Law Implemented: SDCL 42-7-56(13), 42-7-58.1.

ARSD 20:04:32:37 Handle reports required

Each satellite provider shall report the daily handle to the commission on a weekly basis. The report must allow the commission to examine the handle, track commission, breakage, and winners share for each satellite facility and in total.

History

Source: 13 SDR 206, effective July 12, 1987; 14 SDR 137, effective February 4, 1990; 25 SDR 4, effective July 27, 1999; transferred from § 20:04:15.01:16, 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13).
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1.

ARSD 20:04:32:38 Payment of fees and deductions to the commission -- Time frames

Any fee and deduction from any pari-mutuel pool as stated in SDCL 42-7-58.1 must be paid to the commission within 15 days of the last racing day of the week for which the payment is made. The weekly race report satellite performances and the daily handle reports shall be submitted along with each fee and deduction.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13).
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1.

ARSD 20:04:32:39 Failure to file -- Penalties

Any person required to file returns or reports under this chapter, who fails to file a return or report which includes each taxable transaction within 15 days following the date the return or report is due is subject to an additional amount, assessed as a penalty, equal to 15 percent of the tax or 10 dollars whichever is greater. However, for reasonable cause shown, the executive secretary may reduce or eliminate the penalty. Any person subject to tax under this chapter who fails to pay the tax within the time prescribed is subject to an interest charge of 2 percent per month or part thereof for which the payment is late or 5 dollars whichever is greater. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest, and then to penalty. The executive secretary may, upon application of the taxpayer, establish a maximum interest rate of 36 percent upon delinquent taxes if the executive secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13), 42-7-67.
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1, 42-7-67.

ARSD 20:04:32:40 Transfer of moneys between host tracks and satellite provider

In order to facilitate the transfer of money between host tracks and satellite providers and facilities, the facilities and provider shall perform a daily reconciliation of racing accounts and any amount payable or receivable to the host track. The frequency of the transfer of moneys between host tracks and satellite providers shall be as specified by contract.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13).
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1.

ARSD 20:04:32:41 Accounting records

A satellite provider must keep accurate, complete, legible, and permanent records of each transaction relating to revenue that is taxable or subject to fees under SDCL chapter 42-7 and this article in a manner approved or required by the executive secretary. A licensee who keeps permanent records in a computerized form or on microfiche must provide the executive secretary's designee, on request, with a detailed index to the microfiche or computer record.

A satellite provider must keep general accounting records on a double entry system of accounting, maintaining detailed, supporting, subsidiary records, including the following:

(1) Detailed records identifying revenues, expenses, assets, liabilities, and equity for each establishment;

(2) Detailed records of each returned check;

(3) Information received from the tote company in regards to pari-mutuel wagering; and

(4) Journal entries prepared by the licensee and its independent accountant.

Each licensee must create and maintain a record sufficient to reflect accurately gross income and expenses relating to its pari-mutuel operations.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13).
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1.

ARSD 20:04:32:42 Record retention -- Noncompliance

A satellite provider must provide, upon request, to the executive secretary the records that are required to be maintained. Unless the executive secretary approves or requires otherwise in writing, a licensee must retain all records within South Dakota for at least five years. Failure to keep and provide the records is grounds for disciplinary action.

History

Source: 26 SDR 92, effective January 16, 2000.
General Authority: SDCL 42-7-56(9)(11)(13).
Law Implemented: SDCL 42-7-56(9)(11)(13), 42-7-58.1.

Chapter 20:04:33 Multi-Jurisdictional Hubs

ARSD 20:04:33:01 Definitions

Words and phrases defined in §§ 20:04:31:01 and 20:04:32:01 have the same meaning when used in this chapter. Terms used in this article mean:

(1) "Account," an account for account wagering with a specific identifiable record of deposits, wagers, and withdrawals established by an account holder and managed by a hub licensee;

(2) "Account application," the form or forms and other required submissions received from an applicant with the intent of opening an account;

(3) "Account holder," a natural person who successfully completed an application and for whom a hub licensee has opened an account;

(4) "Account wagering," a process of making pari-mutuel wagers in which a natural person may deposit money in an account with a hub licensee and then uses the current balance to pay for pari-mutuel wagering conducted by the hub licensee;

(5) "Batch betting," a process where the wagering information for more than six wagering transactions is accumulated and sent in one data packet from the account holder’s computer or other electronic device to the multi-jurisdictional totalizator hub’s wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;

(6) "Bet streaming," a process where the wagering information for more than six wagering transactions is accumulated and sent as a data flow from the account holder’s computer or other electronic device to a multi-jurisdictional totalizator hub’s wager processing server or to the totalizator providing service to the multi-jurisdictional totalizator hub with a single or no human transmittal action;

(7) "Confidential account information," includes:

(a) The amount of money credited to, debited from, withdrawn from, or present in any particular account holder’s account;

(b) The amount wagered by a particular account holder on any race or series of races;

(d) The identities of the particular entries on which the account holder is wagering or has wagered; and

(e) Unless otherwise authorized by the account holder the disclosure of the name, address, and other information in the possession of a hub licensee that identifies the account holder to anyone other than a representative of the commission;

(8) "Closed-loop subscriber based system," a device or combination of inter-connected devices authorized and operated exclusively for the purpose of receiving wagering information, placing, receiving, or otherwise making a wager; and to which a person must subscribe to be able to send wagering information to and have that information used to place, receive, or otherwise make a wager;

(9) "Computer robotic betting," a computerized process used to send the wagering information for more than six wagering transactions to a multi-jurisdictional totalizator hub’s wager processing server or to the totalizator providing service to a multi-jurisdictional hub with a single or no human transmittal action;

(10) "Credits," all positive inflows of money to an account;

(11) "Debits," all negative outflow of money from an account;

(12) "Deposit," a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account;

(13) "Hub," a multi-jurisdictional totalizator hub;

(14) "Hub contract," for the purposes of this chapter, a hub contract is any contract:

(a) Between licensees;

(b) Between a licensee and a nonlicensee that relates to the employment of licensed personnel;

(c) Between a licensee and a nonlicensee that relates to the acquisition or use of capital assets used by the licensee in the business of pari-mutuel wagering;

(d) Between a licensee and a nonlicensee that relates to the earnings or profits of the licensee from the business of pari-mutuel wagering;

(e) With a pari-mutuel facility; or

(f) Any other contract which affects the proprietary or financial interest of the licensee's business or license;

(15) "Hub employee," any person employed by a multi-jurisdictional totalizator hub licensee;

(16) "Independent real time monitoring system," a system approved by the commission for the purpose of immediate and continuous analysis of wagering and other pari-mutuel systems data in order to detect suspect wagering transactions or other activity indicating a possible problem relating to the integrity of the pari-mutuel system and which transmits transactional level data to a wagering security database;

(17) "Initial system audit," is a review both pre-installation and post-installation of the audio and visual simulcasting and wagering system proposed to be used by a multi-jurisdictional hub licensee;

(18) "Key employee," any executive, employee, or agent of a multi-jurisdictional totalizator hub licensee having the power to exercise a significant influence over decisions concerning any part of the operation of a hub licensee;

(19) "Multi-jurisdictional totalizator hub," any business through which a wager can be placed and entered into an intrastate or interstate pari-mutuel pool that is carried on the business’s wagering menu, by an individual who sends wagering transaction information either telephonically or by other electronic means directly to the business without using the facilities or equipment of a simulcast site and who has deposited funds into an account with the business prior to sending the wagering transaction information;

(20) "Natural person," any person at least 18 years of age, but does not include any corporation, partnership, limited liability company, trust, or estate;

(21) "Pari-mutuel facility," any racetrack, off-site location, account wagering company, or other location at which pari-mutuel wagers are accepted, made, paid, or processed;

(22) "Pari-mutuel ticket," a printed document or other electronic record which contains information pertaining to a pari-mutuel wager or wagers that have been authorized and accepted for purposes of participation in a pari-mutuel pool;

(23) "Principal residence address," that place where the natural person submitting an application for an account resides at least fifty percent of the time during the calendar year;

(24) "Proper identification," a form of identification accepted in the normal course of business establishing the identity of a person;

(25) "Rebating," a practice of crediting an account with money or sending an account holder money or funds in any manner based upon the amount of money the account holder wagers or accepting less than the full price of any wager placed;

(26) "Secure personal identification code," an alpha-numeric character code chosen by an account holder as a means of verification that a wager or account transaction is authorized by the account holder;

(27) "Wager processing server," a computer or an inter-connected group of computers through which all wagering transaction information is received, recorded, and routed to the totalizator and secondary recording devices for processing and combining with approved pari-mutuel pools;

(28) "Wagering transaction," a single wager stating the amount of money to be wagered, the type of wager, and the runner or runners to be wagered on. Each "win," "place," or "show" wager is considered one wagering transaction. Multiple runners in "daily doubles," "quinellas," "exactas," "trifectas," "pick-N," or other multi-horses or multi-greyhounds or multi-leg wagers can be "wheeled" or "boxed" into a single wagering transaction;

(29) "Withdrawal," a payment of money from an account by the hub licensee to the account holder when properly requested by the account holder;

(30) "Withdrawal slip," a form provided by a hub licensee for use by an account holder to withdraw funds from an account.

Cross References:

Definitions, § 20:04:31:01.

Definitions, § 20:04:32:01.

History

Source: 32 SDR 32, effective August 30, 2005; 34 SDR 200, effective January 29, 2008; 38 SDR 172, effective April 23, 2012.
General Authority: SDCL 42-7-56(13)(15)(16).
Law Implemented: SDCL 42-7-56(13)(15)(16), 42-7-58.1.

ARSD 20:04:33:02 Location of wager

Each wager made through a multi-jurisdictional totalizator hub is deemed to be made at the location of the hub licensee’s wager processing server.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:03 Deposit of money

The multi-jurisdictional totalizator hub shall deposit all money received from account holders in a state or federally chartered bank by the next banking day.

History

Source: 32 SDR 32, effective August 30, 2005; 44 SDR 65, effective October 16, 2017.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:04 Pari-mutuel tax

On a weekly basis each multi-jurisdictional totalizator hub licensee shall pay to the commission the percentage due to the state based on the amount of money contributed through the hub licensee’s wager processing server during the preceding week.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42‑7‑102.

ARSD 20:04:33:05 Returns and reports -- Time frames -- Penalties

Any person required to file returns or reports under this chapter, who fails to file a return or report which includes all taxable transactions within fifteen days following the date the return or report is due is subject to an additional amount, assessed as a penalty, equal to fifteen percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown, the executive secretary may reduce or eliminate such penalty. Any person subject to tax under this chapter who fails to pay the tax within the time prescribed is subject to an interest charge of two percent per month or part thereof for which the payment is late or five dollars whichever is greater. Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest, and then to penalty. The executive secretary may, upon application of the taxpayer, establish a maximum interest rate of thirty-six percent upon delinquent taxes if the executive secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42‑7‑102.

ARSD 20:04:33:06 Take-out rates for non-merged pools

The multi-jurisdictional totalizator hub licensee as part of the operating plan, or an update to the plan, may define a wagering pool not to be merged with the wagering pools of the race track where the race is being run live and set the take-out rate for the pool, subject to approval of the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42‑7‑102.

ARSD 20:04:33:07 Required system configuration and elements

Each multi-jurisdictional totalizator hub must have:

(1) A closed-loop subscriber based system approved by the commission;

(2) An effective customer identity, address, and age verification system approved by the commission;

(3) Appropriate data security standards and firewalls approved by the commission to prevent unauthorized access by any person who has not subscribed or who is not eligible to participate in pari-mutuel wagering;

(4) Effective controls in place to prevent account holders from unauthorized use of computer robotic wagering, batch betting, or bet streaming to place wagers through the hub’s wager processing server or through the totalizator that is providing the hub’s totalizator service if the cost of such wager is to be paid from an account held by the hub licensee;

(5) An operational real-time secondary recording device capable of recording each wagering transaction made through the hub’s wager processing server;

(6) A cataloged and retrievable archive of the secondary recording of wagers for at least two years after the date of each wager;

(7) Communication capabilities to each hub’s wager processing server of at least 120 percent of the projected or most recent six month actual call/transaction volume whichever is greater;

(8) At least a duplex configuration of each wager process server; and

(9) A minimum of one duplex configuration for the totalizator computer

History

Source: 32 SDR 32, effective August 30, 2005; 37 SDR 70, effective October 20, 2010.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:07.01 Totalizator room requirements

A hub shall provide a totalizator room that houses the main computing and communications equipment which may either be at the hub or at a remote facility. The operator's terminal must be located at the hub facility. All rooms housing the above equipment must include:

(1) Air conditioning with humidity control to maintain a stable environment that meets the specifications of the computer equipment manufacturer;

(2) A master power switch that allows all or part of the equipment housed in the room to be turned off in an emergency;

(3) A smoke/fire alarm system that sounds locally and is tied into the master alarm system of the facility;

(4) Fire extinguishers to deal with minor electrical fires;

(5) A communication system connecting the totalizator operator with the mutuel manager and the commission office;

(6) A private outside line for communication with supervisors, programmers, or totalizator personnel at other sites; and

(7) Fire resistant, locking storage cabinets to hold removable data storage devices and documents necessary for operating the system.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.02 Uninterruptible power supply (UPS)

If a power failure occurs, the totalizator computer system used by the hub must be supported by an uninterruptible power supply (UPS) to allow for system shutdown that provides a means for:

(1) All wagering data in the computer at the time of the power failure and system shutdown to remain intact and all race and end-of-day reports to be produced;

(2) The UPS to be able to supply even power to the totalizator system, for a minimum of 15 minutes, when a power surge or drop occurs; and

(3) An alarm associated with the UPS to be readily recognizable by the totalizator operator from inside the totalizator room.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.03 Independent monitoring system

The totalizator system used by the hub shall be capable of transmitting data in real time to an independent real time monitoring system approved by the commission. This system is to provide information in a read-only format. The independent real time monitoring system shall be capable of:

(1) Verifying all transactions performed by the totalizator;

(2) Allowing real-time access to the independent monitoring system to the commission and the hub for monitoring activity; and

(3) Automatically notifying the mutuel manager or duly appointed representative if the system detects a discrepancy in the totalizator operation or with the independent monitoring system.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.04 System errors

The mutuel manager shall determine the cause of an error in the totalizator operation or the independent monitoring system and make the necessary repairs or adjustments. Notification of any discrepancy or error identified pursuant to this section shall be made to the executive secretary no later than 24 hours after each occurrence.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.05 End-of-day reports

For each race offered, the totalizator system must be capable of producing the following reports and have the reports available for review by the executive secretary:

(1) The balance report showing the following for every wagering device operated on that day:

(a) The teller's name or identification number, if applicable;

(b) The total value and number of tickets sold, canceled, and cashed for the current day;

(d) The total amount of money returned to the customer accounts; and

(e) A listing of adjustments made to each wagering device balance after each wagering device has been individually balanced;

(2) The wagering summary report showing:

(a) By wagering site, the amount wagered, refunded, and added for every pool and for each race;

(b) The time of day each race's pools closed;

(d) The total value of outstanding vouchers before the pools were opened for the performance, the value of the vouchers cashed during the performance, the value of vouchers to be added to the outstanding voucher total, and the new outstanding voucher total;

(3) The system balance report comparing the pool and paid-out totals obtained by processing the transaction files with the pool and paid-out totals obtained from the actual calculations;

(4) The money room balance report showing cash added and subtracted from the beginning day's balance resulting from the day's wagering and cashing transactions; and

(5) The IRS report showing the winner's social security number, the ticket number, amount won, and taxes withheld for each transaction requiring a Form W2-G to be filed with the IRS.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.06 Other standard and special reports

A hub shall produce any report requested by the commission no later than 72 hours, unless otherwise directed, after receiving the request. These reports may include:

(1) An odds progression report showing each successive line of odds for the win pool and the time it was displayed to the public;

(2) A ticket and transaction history report showing the appropriate portion of the ticket history log for the requested ticket identification numbers;

(3) A terminal history report showing the portion of the terminal log requested;

(4) A canceled tickets report, for a performance or race, showing each ticket canceled that day in the form of the ticket history report, the identity of the wagering device that cashed the ticket, and an indication as to whether the ticket was cashed using a manual keyboard entry or an automatic machine read as well as a subtotal for each wagering device;

(5) A network balance report summarizing the activity and liabilities for each site within a tote-to-tote network;

(6) A teller inquiry report showing the time of each cash balance inquiry made by each teller;

(7) A wagering report required for multi-leg pools four legs or more, showing the amount bet on every combination of the pool and total amount bet;

(8) An account history report showing all activity for each account;

(9) Inter-Track wager report for a card showing the separate or consolidated report for wagers made at participating tracks including all money wagered on each runner or combination of runners in each pool for each race. Separate or consolidated report for the host track and each satellite track and the combined totals are required and any additional reports, as determined by the commission;

(10) Ticket history report and terminal history report, in the case of a wagering device to totalizator network failure, for each specific location and time period in order to determine what wagers have been recorded in the totalizator from the remote site, including any advance bets;

(11) Pool transmission report listing time of each pool transmission; and

(12) The totalizator system must be able to produce a special report that filters data by performance, race, pool, betting interest, wagering device, sites, or any combination thereof in this section.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.07 On-line logs

The hub shall produce a daily log to the commission on request. The hub must produce at a minimum the following logs in a format prescribed by the commission:

(1) Teller/machine history log showing for every wagering device operated during a performance:

(a) Each time the wagering device was opened and closed;

(b) Each wagering transaction, the wagers made, tickets issued, and total value of the transaction;

(c) Each cashing, canceling, or refunding transaction, the identification numbers of the tickets processed, the wagers paid out, and the value of the wagers paid out;

(d) Any special function, including teller balance, accessed through the wagering device; and

(e) The times of day each of the transactions listed in this subdivision were made;

(2) A ticket history log showing for every ticket issued:

(a) The identification number of each cashed or canceled ticket;

(b) The wagering device location and number;

(d) The cashing or canceling machine location and number;

(e) The amount paid out;

(f) The time of day each transaction occurred; and

(g) An indication as to whether each transaction was manual or automatic;

(3) A user terminal log showing the time of day of each entry for each:

(a) Terminal other than a wagering device operating during a day including each:

(i) Log-on and log-off and the operator's ID code;

(ii) Command or transaction entered;

(iii) Stop betting, order of finish, official, and sales open command and the device that issued it;

(iv) Occurrence of loss or restoration of communication between computers or sites; and

(v) Occurrence of discrepancy between computers or sites when comparing databases; and

(b) Wagering device operated during a performance including each:

(i) Log-on and log-off and the teller's ID code, if applicable; and

(ii) Instance of loss or restoration or communication and the wagering device;

(4) A system error log showing the date and time of each error;

(5) A system journal log, including date and time of each entry, including remote access, showing for every day the system is operated for wagering, maintenance, or other purpose:

(a) System shutdown commands, the device from which the commands were issued, and the user ID of the individual issuing the commands;

(b) The individual user ID used and the originating device for every attempt, successful or unsuccessful, to access the operating system;

(c) The individual user ID used and the originating device for every attempt, successful or unsuccessful, to access the application programs;

(d) All commands that affect the operating environments issued from the operating system command line;

(e) All commands issued from within the application program in an attempt to access the operating system; and

(f) A listing of every operational or operating terminal during computer operations; and

(6) An account history log showing for every account:

(a) The identification number of the account;

(b) Each time the account was accessed, the location and time of each access point;

(c) For each wagering transaction, the amount, time, betting interest selected, and type of wagers made, the wagering device used to make the wager, and total value of the transaction;

(d) For each cashing, canceling, or refunding transaction, the identification numbers of the tickets processed, the wagers paid out, the location and time and the value of the wagers paid out; and

(e) For each withdrawal and deposit the amount, the location and time.

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:07.08 Off-line log

In addition to the computer generated reports and logs, the hub personnel must maintain at a minimum the following logs for review by the commission or duly appointed representative:

(1) A system incident log must include a description of each incident involving the totalizator system, including system failure, the cause of the failure, and the corrective action taken;

(2) Totalizator room access log of all persons entering and leaving the totalizator central computer room; this includes entries of date, time, and name of each person entering and leaving the room; and

(3) Totalizator maintenance log of all maintenance work completed on wagering devices and the main totalizator computers or printers showing:

(a) The name of the person performing the work;

(b) The date and time of day when the maintenance was performed; and

History

Source: 34 SDR 200, effective January 29, 2008.
General Authority: SDCL 42-7-56(13)(16).
Law Implemented: SDCL 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:08 Prohibited practices

No multi-jurisdictional totalizator hub or any of its employees may:

(1) Offer or pay rebates to account holders without submitting the rebating practices in the operating plan required in § 20:04:33:26 or accept less than the full amount for the wager placed;

(2) Allow a person to wager on credit;

(3) Allow a person who is under the minimum age, as set forth in this chapter, to wager;

(4) Allow an account holder to use computer robotic betting, batch betting, or bet streaming to place wagers through the hub licensee’s wager processing server or through the totalizator that is providing the hub licensee’s totalizator service, if the cost of such wager is to be paid from an account held by the hub licensee without submitting such practices in the operating plan required in § 20:04:33:26;

(5) Allow an account to be held or be in the name of any entity other than one natural person; and

(6) Allow another person to access the account holder’s account, to place wagers using the funds in the account holder’s account, or to share an account.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:09 Disciplinary action

The commission may revoke or suspend the license, levy fines, or take other disciplinary action as deemed appropriate against any multi-jurisdictional totalizator hub licensee or any licensed hub personnel for violation of any provision of the gaming or pari-mutuel rules of South Dakota or any state or federal statute subject to the provisions of SDCL chapter 1-26.

Cross References: Gaming Commission -- Deadwood Gambling, article 20:18; Gaming Commission -- Racing, article 20:04.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-93.

ARSD 20:04:33:10 Unsuitability determinations

A proceeding to determine the unsuitability of a person engaged in pari-mutuel wagering or employed by a facility licensed by the commission, or a proceeding to determine the unsuitability of any act or practice may be commenced by the filing of a complaint by the commission or by an officer, agent, or employee of the commission. The complaint must state the facts necessary to support the allegation of unsuitability. The procedure in chapter 20:04:01 must be followed to dispose of the complaint.

Cross Reference: General Administration, chapter 20:04:01.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:11 Suitability determinations

A petition or request to determine suitability of a person or act or practice must be commenced as a request for a declaratory ruling under § 20:04:01:07.

Cross Reference: Petition for declaratory ruling, § 20:04:01:07.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:12 Exclusion grounds

Individuals, licensed or unlicensed, who the commission determines pose a threat to the interests of the state or to licensed pari-mutuel wagering may be excluded from employment, or participation in pari-mutuel wagering through any multi-jurisdictional totalizator hub. In making the determination for exclusion, the commission may consider any of the following:

(1) Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of racing, gaming, or pari-mutuel laws of any state, the United States, any of its possessions or territories, or Indian tribes;

(2) A violation, attempt to violate, or conspiracy to violate, the provisions of the racing, gaming, or pari-mutuel statutes or rules of the state or any other state, the United States, any of its possessions or territories or Indian tribes;

(3) A violation, attempt to violate, or conspiracy to violate, the provisions of the gaming or pari-mutuel statutes or rules of the state relating to the failure to disclose an ownership interest in a gaming establishment or a pari-mutuel facility for which the person must obtain a license or make disclosures to the commission;

(4) The intentional evasion of lawful fees or taxes;

(5) Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming and the pari-mutuel industry is free of criminal or corruptive influences;

(6) Catering to, assisting, or associating with, either socially, or in business affairs, persons of notorious or unsavory reputation, or who have extensive criminal records or persons who have defied congressional committees, other officially constituted bodies, on behalf of the United States or any state, or persons associated with known criminal organizations;

(7) Denial or revocation of a racing, pari-mutuel, or gaming license in any jurisdiction; or

(8) Termination for cause by, or exclusion from, any licensed or tribal gaming establishment, pari-mutuel facility, or racetrack in any jurisdiction.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:13 Preparation of exclusion list

The commission may prepare a list of persons to be excluded from employment, or participation in pari-mutuel wagering through any multi-jurisdictional hub licensed in this state. The commission may consult with any gaming jurisdiction, pari-mutuel jurisdiction, law enforcement agency, or credible source, public or private, to prepare the list. The executive secretary may recommend changes to the exclusion list.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:14 Notice of exclusion

If the name and identifying information of an individual is placed on the list, the commission shall serve notice of that action upon the person by at least one of the following means:

(1) Personal service;

(2) Certified or registered mail to the last known address of the person; or

(3) Publication in an official newspaper in the county in which the hub is located.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:15 Right to contest exclusion

A person placed on the exclusion list may contest the action by filing a written protest with the commission and the protest shall be heard by the commission as a contested case pursuant to SDCL chapter 1-26.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:16 Multi-jurisdictional totaliztor hub license

Multi-jurisdictional totalizator hub license.** Prior to operating a hub an entity or person must apply for and be granted a multi-jurisdictional totalizator hub license from the commission to conduct simulcasting and pari-mutuel wagering in accordance with SDCL 42-7-58.7 and this chapter.

Cross Reference: Consideration of applications for licenses for satellite facilities, SDCL 42‑7‑58.7.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:17 Consideration of applications

The commission may approve, deny, or approve subject to changes in the operation plan any application for licensure as a "multi-jurisdictional totalizator hub", if the commission deems the applicant suitable to hold the license and considers the level of technology and operational issues and practices proposed in the operation plan to be in the public’s best interest. The applicant has the burden of proving its qualifications and suitability, as well as the quality of the operation plan, by clear and convincing evidence, to the satisfaction of the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:18 Licenses not transferable

Any license issued to operate a multi-jurisdictional totalizator hub is revocable and is not transferable. The holder of such license does not acquire any vested interest or property right in the license.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-65.

ARSD 20:04:33:19 Interest in license -- Prior approval

No person may sell, lease, purchase, convey, or acquire an interest in a multi-jurisdictional totalizator hub license without the prior approval of the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-65.

ARSD 20:04:33:20 Background investigation

An applicant for a license as a multi-jurisdictional totalizator hub must submit to a background investigation regarding the applicant’s past conduct and technical and business ability to adequately conduct the operation of the hub in accordance with this chapter.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:21 Individuals subject to application and background investigations

If the applicant for a license as a multi-jurisdictional totalizator hub is a corporation, shareholders holding five percent or more of the corporation’s stock must file an application and consent to a background investigation to determine the suitability for licensure. The commission may require any shareholder owning less than five percent of the corporation’s stock to file an application and consent to a background investigation to determine the stockholder’s suitability for licensure. If the applicant for a license as a multi-jurisdictional totalizator hub is a formal or an informal partnership each partner must file an application and consent to a background investigation to determine the applicant’s suitability for licensure.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17) 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:22 Criminal records check

In determining the applicant’s suitability for licensure, the owners of any entity applying for a multi-jurisdictional totalizator hub license shall be fingerprinted and such fingerprints shall be forwarded to the Federal Bureau of Investigation identification division for a national criminal records check.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:23 Authority to conduct background investigation

By signing and filing an application for a license subject to the perjury laws of this state, the applicant authorizes the commission to obtain information from any source, public or private, in this or any other country regarding the background or conduct of the applicant or any of its stockholders, lenders, holders of evidence of indebtedness, underwriters, executives, officers, directors, partners, agents, or employees.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:24 Failure to allow investigation

The applicant’s failure to allow investigation into the applicant’s background or to disclose all information as requested by the commission or providing false or misleading information is grounds for denial of the license.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:25 Application for multi-jurisdictional totalizator hub license

The application for a "multi-jurisdictional totalizator hub license" must be submitted on a form provided by the commission, and in addition must have the following information included in attachments:

(1) If the applicant is a corporation, the names, addresses, and dates of birth of its shareholders, directors, and officers and if a shareholder is a corporation the date of incorporation, the place of incorporation and the names, addresses, and dates of birth of its shareholders, directors, and officers must be provided;

(2) If the applicant is a partnership the names, addresses, and dates of birth of the partners and if a partner is a corporation the date of incorporation, the place of incorporation and the names, addresses, and dates of birth of its shareholders must be provided;

(3) If the applicant is a corporation ultimately owned by a not-for-profit entity without any shareholders, or is a publicly traded corporation, the information required in subdivisions (2) and (3) of this section shall be required from the directors of the membership organization, or the directors and officers of the publicly traded corporation, in lieu of the shareholders;

(4) The names of the racetracks the applicant, or its agent, has contracts with that allow the applicant to provide the simulcast signals and pari-mutuel wagering on the product;

(5) A statement of the beginning and ending dates of the applicant’s business year;

(6) A detailed budget showing anticipated revenue, expenditures, and cash flows by month, from the hub's operation during the license period;

(7) The number of days that the applicant is planning to operate the hub during the year in which the applicant is seeking to be licensed;

(8) Financial information from the applicant that demonstrates the applicant has the financial resources to install and operate a hub; and

(9) A detailed operating plan.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:26 Operating plan

The operating plan submitted with the application shall address at a minimum the following subjects:

(1) A detailed description of the manner in which the proposed simulcasting of the audio and video signals from the host tracks and the wagering system will operate, including:

(a) System configuration;

(b) Communication capabilities;

(d) Firewalls;

(e) Security access standards;

(f) Staffing (tote, hardware control, customer service, and dispute resolution);

(g) Totalizator computer provider and location;

(h) How the simulcast of the audio/video signal will be provided to the subscribers; and

(i) An estimate of how many races carried on the wagering menu will be available as a simulcast audio/video signal;

(2) The requirements for a closed loop subscriber based system as provided in subdivision 20:04:33:01(8);

(3) Programs for responsible wagering;

(4) Mitigation plans and agreements for the effects of account wagering on the intrastate or interstate source market in which each account holder resides;

(5) Qualifications of key employees to provide the necessary programming support and to oversee and manage the hub operation;

(6) Any planned non-merged pools and the take-out rate of such pools;

(7) Procedures to resolve customer disputes; and

(8) Internal hub account rules and practices including rebating, computer robotic betting, batch betting, and bet streaming practices and procedures.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:27 Changes in operating plan

The commission may require changes in a proposed plan of operations as a condition of a license. No subsequent changes in the system’s operation may occur unless ordered by the commission or until approval is obtained from the commission or the executive secretary after a written request is received from the hub licensee.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:28 Penalty for failure to follow operating plan, commission order, or other rules and laws

If a multi-jurisdictional totalizator hub licensee fails to carry out the provisions set forth in its operating plan as approved by the commission, or ordered by the commission in the timeline set forth in the commission’s order, or violates any South Dakota Commission on Gaming rule, or any state or federal statute the commission may either suspend or revoke the license of the multi-jurisdictional totalizator hub or its employees or fine the licensee, or both.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:29 Initial system audit

The applicant for a multi-jurisdictional totalizator hub license must submit the applicant’s system to initial system audits as determined by the commission.

Prior to provisional approval of the system configuration provided in the operating plan the commission may conduct a pre-installation system audit during which the applicant shall provide detailed diagrams and explanations of the system configuration.

After the wagering and simulcasting system has been installed by the hub operator, prior to final approval to begin operation, the commission or its designee shall conduct a post-installation system audit during which the applicant must demonstrate to the satisfaction of the commission or its designee that the system conforms to the operating plan and the provisions of this chapter.

Law Implemented : SDCL 42-7-56(15), 42-7-56(16)(17), 42-7-58.1.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).

ARSD 20:04:33:30 Term of license

The term of a license for a multi-jurisdictional hub is one calendar year, or portion thereof.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:31 Application and audit fees

The application fee for a multi-jurisdictional totalizator hub license is $5,000. The initial system audit fee is $2,000. These fees must be submitted with the license application and are nonrefundable.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16), 42-7-56(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:32 Background investigation fee

An additional fee may be required to conduct the background investigation of an applicant for a hub license or the initial system audit. If the commission or the executive secretary determines that an additional fee is required to continue or complete the investigation or audit, the processing of the application shall cease until such time as the applicant has furnished the additional fee which may not exceed the actual cost as provided in subdivision 42-7-56(17).

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16)(17).
Law Implemented: SDCL 42-7-56(15)(16)(17), 42-7-58.1, 42-7-58.7.

ARSD 20:04:33:33 Bond

At the time of final approval of the applicant’s system and license, the multi-jurisdictional totalizator hub applicant shall give to the commission a bond in an amount set by the commission, that guarantees all payments to the commission, payments for winning tickets, and the payment of account balances not to exceed $10,000 per account. The bond must be made payable to the South Dakota Commission on Gaming.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1, 42-7-60.

ARSD 20:04:33:34 Claims for nonpayment

An account holder, who is claiming that nonpayment has occurred, shall file a claim of nonpayment with the commission. The commission shall investigate the claim and provide the hub licensee with an opportunity to respond and submit any supporting documents or evidence needed to defend the claim. If the commission determines that the account holder is entitled to restitution, the hub licensee shall have ten days to pay the amount determined by the commission. If the hub licensee fails to make restitution within this time, the commission may take appropriate action against the bond.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16).

ARSD 20:04:33:35 Hub employee licensing

Any personnel involved in the management or operation of a multi-jurisdictional totalizator hub, whether the involvement is on or off site, is required to be licensed by the commission prior to beginning his or her duties.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:36 Prohibition against licensure of law enforcement officials

No officer, agent, or employee of the law enforcement department of the town, city, county, or state where a licensed hub is located may hold a license to work at or own a multi-jurisdictional totalizator hub. This prohibition applies to the commission and its employees and each law enforcement official and officer. No licensee may employ any person in any capacity directly related to the licensee's hub operation and activities while that person is in the employment of a law enforcement agency or the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:37 Licensure qualification

Any individual employed by a multi-jurisdictional totalizator hub shall have a current valid license. Any individual seeking a license shall be a person of at least 21 years of age and of good moral character. The commission may deny a license to any person discharged for cause by any licensed pari-mutuel facility or gaming establishment in this or any other country.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:38 Categories of personnel licensing

Each hub personnel shall be licensed in one of the following two categories:

(1) Key employee; or

(2) Hub employee.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:39 Licenses revocable

Each employee or hub employee license is revocable and is not transferable. No person holding a key employee or hub license acquires any vested interest or property right in the license.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:40 Reapplication upon denial

No person who has had a license required by this chapter denied by the commission may reapply until at least one year has elapsed from the date of the denial. No person who has been denied a license two or more times may reapply until at least three years have elapsed from the date of the last denial.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:41 Disciplinary action for false statements

Any person who knowingly makes a false statement in any application for a license or in any statement attached to the application, fails to keep books and records as prescribed in this chapter, or who falsifies any books or records connected with any pari-mutuel pools is subject to disciplinary action by the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:42 Proscribed conduct

Any act, whether of the same or of a different character than specified in this article, that constitutes dishonesty or fraudulent conduct, whether arising within or without the pursuit of the license privilege, committed by a licensee is grounds for disciplinary action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:43 Discovery of violations

A licensee must immediately notify the executive secretary of the discovery of a violation or of a suspected violation of SDCL chapter 42-7 or this article.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:44 Termination of employment of key employee or hub employee

A key employee or hub employee licensee, who changes employment, is terminated, or resigns employment must notify the executive secretary in writing within seven days of the change in employment status.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:45 Key employee

If it is the judgment of the commission that the public interest will be served by requiring a person to be licensed as a key employee, the commission shall serve notice of the determination upon the hub licensee who employs or contracts with the person. The commission is not restricted by the title of the job performed by the person but may consider the functions and responsibility of the person in making its decision. Grounds for requiring or denying licensing of a key employee include:

(1) If the person is new to the pari-mutuel industry, to the particular hub licensee, the position, or the level of influence or responsibility which the person has, and whether the commission has insufficient or outdated information concerning the person’s character, background, reputation, or association; or

(2) If the information received by the commission or the executive secretary which, if true, constitutes grounds for a finding of unsuitability.

The hub licensee shall, within 30 days following receipt of the notice of the commission's determination, present the application for licensing of the person to the commission or provide documentary evidence that the person is no longer employed by the hub licensee. Failure of the hub licensee to respond as required by this section is grounds for disciplinary action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:46 Review of key licensee status

A person required to submit an application to be licensed as a key employee as required by § 20:04:33:45 may request the commission, in writing, to review its determination of that individual's status within the hub operation. If the commission determines that the person is not a key employee or that the public interest does not require the person to be licensed as a key employee, the application shall be allowed to be withdrawn and the person’s employment shall be allowed to continue. The request of the key employee applicant for review of key employee status does not stay the obligation of the hub licensee to present the key employee’s application within the 30-day period prescribed by § 20:04:33:45.

Cross Reference: Key employee, § 20:04:33:45.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:47 Power of commission to review and audit -- Disciplinary action

The hub licensee must keep accurate, complete, legible, and permanent records for all business, account, and wagering activity in a form easily available, reviewable, and auditable by the commission or its representative.

The hub licensee shall give access to the commission or its representative to all hub records and financial information including all account information for the purpose of review and audit. The hub licensee shall make this information available at the hub location, upon notice during the hub’s normal working hours.

Failure to keep and maintain the necessary business, account, and wagering information records for a period of five years, unless otherwise approved by the executive secretary, or make the records available to the commission or its representative are grounds for disciplinary action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:48 Annual audited financial statements -- Disciplinary action

The commission or the executive secretary may require that the hub licensee submit annual audited financial statements to the commission within 120 days after the last day of the licensee’s business year. Failure to submit the statements in a timely manner when requested are grounds for disciplinary action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:49 Change of hub business year

If the hub licensee wishes to change its business year after being licensed the licensee must notify the executive secretary in writing and submit to the executive secretary audited financial statements covering the stub period from the end of the last business year to the beginning of the new business year not later than 120 days after the end of the stub period. With the prior approval of the executive secretary, the stub period financial statements may be incorporated into the financial statements of the new business year.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:50 Other gaming activities, duty to notify commission

Any licensee who intends to become involved in gaming or pari-mutuel operations outside of the State of South Dakota or on any Indian reservation located in whole or in part in the State of South Dakota shall notify the commission in writing of that licensee’s intention to engage in such additional gaming operations and gaming business. Notification shall be mailed or delivered to the commission simultaneously with that licensee's application to the foreign state or applicable tribal authority. The executive secretary and the commission may impose any sanctions authorized by this chapter or SDCL chapter 42-7 on any licensee who fails to comply with the provisions of this section.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:51 Business contracts

The hub licensee shall submit a copy of each proposed business contract to the executive secretary. The executive secretary or the commission may approve or deny any hub contract and require changes in the contract before participation by the licensee is allowed. The executive secretary or the commission may require a licensee to terminate participation in a contract.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:52 Legal process and pleadings

A licensee shall deliver to the commission a copy of any process or pleading from any jurisdiction in which the licensee is a party within 30 days of being served. This requirement includes any agency or regulatory proceeding in which the licensee is a party.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:53 Confidentiality

The following information is considered confidential and is not subject to public disclosure except pursuant to a court order:

(1) Tax statements and information received by the commission during the licensing process or otherwise received at the request of the commission or executive secretary;

(2) The account information of individual account holders;

(3) Any account holder information or information submitted in the operating plan required by § 20:04:33:26 the disclosure of which may be harmful to the competitive position of the hub operation;

(4) Communications between the commission and the executive secretary relating to licensing, disciplining of licensees, or violations by licensees which are privileged, if made lawfully and in the course of and in furtherance of the business of the commission on gaming. The executive secretary, the commission, or any member of the commission may claim this privilege.

The confidentiality provisions do not apply to requests for such information or records made by the governor; attorney general; the state’s attorney of the county in which the hub is located; officers, employees, or legal representatives of the Department of Revenue and Regulation for the purpose of and only to the extent necessary in the investigation and audit procedures authorized by Title 10; law enforcement officers of any other municipality, county, or state or federal agency or department for a law enforcement activity if the head of that agency or department requesting such information makes a written request to the executive secretary specifying the particular information requested and specifying the law enforcement activity for which the information is sought; the confidentiality provisions do not apply to the use of such information or records by the executive secretary or commission for official purposes.

This section may not be construed to make confidential the aggregate tax collections during any reporting period, the names and business of any license, figures showing the aggregate amount of money wagered during any reporting period, or requests by host tracks for information which the hub licensee is required by contract to provide to the host tracks.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15), 42-7-56(16), 42-7-58.1.

ARSD 20:04:33:54 Compliance with the Interstate Horse Racing Act

A multi-jurisdictional totalizator hub licensee must comply with the provisions of the Interstate Horse Racing Act, 15 U.S.C. §§ 3001 to 3007 as of July 1, 2005, in the conduct of its interstate pari-mutuel wagering activity.

Cross Reference: Interstate Horse Racing Act, 15 U.S.C. §§ 3001 to 3007 as of July 1, 2005.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:55 Racing rules apply

The provisions of chapters 20:04:01, 20:04:29, 20:04:31, and 20:04:32 generally apply to the licensing, operation, and regulation of multi-jurisdictional totalizator hub, unless superseded by a provision in this chapter. Such chapters are incorporated herein by reference.

Cross References:

General Administration, chapter 20:04:01.

Licenses and Licensing Procedures, chapter 20:04:29.

Definitions, chapter 20:04:31.

Satellite Wagering, chapter 20:04:32.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:56 Establishing an account

To establish an account with a multi-jurisdictional totalizator hub an application form must be signed or otherwise authorized in a manner approved by the commission and include the following information about the applicant:

(1) Full legal name;

(2) Principal residence physical address;

(3) Principal residence mailing address, if different than physical address

(4) Telephone number;

(5) Social security number; and

(6) Proper identification or certification demonstrating that the applicant for an account is at least 18 years of age, if a resident of South Dakota, or 21 years of age if not a South Dakota resident.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:57 Account application verification

Each application submitted is subject to electronic verification of the name, principal residence address, date of birth, and social security number by either a national, independent, individual reference service company approved by the commission or other technology approved by the commission which meets or exceeds the reliability, security, accuracy, privacy, and timeliness provided by individual reference service companies. If there is a discrepancy between the application submitted and the information provided by the electronic verification described above or if no information on the applicant for an account is available from such electronic verification, another individual reference service may be accessed or other technology meeting the requirements described above may be used to verify the information provided. If these measures prove unsatisfactory, then the applicant for an account shall be contacted by the hub licensee and given instructions as to how to resolve the matter.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:58 Account identification number

Each account shall have a unique account identification number assigned by the hub.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:59 Secure personal identification code

The applicant for an account shall supply the hub licensee with an alpha-numeric code to be used as a secure personal identification code when the account holder is placing an account wager. An account holder has the right to change this code at any time.

Cross Reference: Secure personal identification code, subdivision 20:04:33:01(24).

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:60 Information to be provided to account holder

At the time the account is approved, the account holder shall receive the following information:

(1) Unique account identification number;

(2) A copy of the account wagering rules and such other information and material that is pertinent to the operation of the account; and

(3) Such other information as the hub licensee or commission may deem appropriate.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:61 Accounts nontransferable

No account may be transferred between individuals, hubs, or other legal entities.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:62 Hub licensee may close or refuse to open accounts

The hub licensee may close or refuse to open an account for what the hub licensee considers good and sufficient reason. The hub licensee shall order an account closed if information used to open an account was false or misleading or if the account has been used in violation of the provisions of this chapter or of any state or federal law. The hub licensee must inform the commission of its refusal to open or its closing of an account within seven calendar days of its action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:63 Minimum account balance

The account holder shall maintain the minimum account balance established in the hub’s operating plan. No wager may be made or accepted that lowers the account balance below the minimum balance.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:64 Hub licensee may refuse deposits

The hub licensee may refuse deposits to an account for what the hub licensee considers good and sufficient reason.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:65 Hub licensee may suspend or close accounts

The hub licensee may suspend or close any account at any time provided that when an account is closed, the hub licensee within five business days returns to the account holder all monies then on deposit by sending a check by certified mail with return receipt requested to the account holder’s last known principal residence address.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:66 Account credits

After the initial establishment of an account, credits to an account may only be made as follows:

(1) Deposits by the account holder in the form of:

(a) Cash;

(b) Check, money order, or negotiable order of withdrawal;

(c) Charges made to an account holder's debit card upon the direct and personal instruction of the account holder, which may be given by telephone to the hub licensee by the account holder if the use of the card has been approved by the hub licensee; or

(d) Electronic funds transfer from a monetary account controlled by an account holder. The account holder is liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account.

Any funds deposited pursuant to this subdivision are available for wagering use in accordance with the financial institution funds availability schedule;

(2) Credit for winnings from wagers placed with funds in an account and credit for account wagers that have been ordered refunded by the host track and posted to the account by the hub licensee;

(3) Incentives offered by the hub licensee for opening an account. This does not include the practice known as rebating; or

(4) Interest paid by hub licensee, if any.

Cross Reference: Prohibited practices, subdivision 20:04:33:08(1).

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:67 Account debits

The hub licensee may only debit an account as follows:

(1) Upon receipt by the hub licensee of information instructing that a wagering transaction is to be placed, the hub licensee may only debit the account in the amount of the wager at the time the wager is sent to the totalizator;

(2) For fees for service or other transaction-related charges by the hub licensee; or

(3) Authorized withdrawal from an account when one of the following exists:

(a) The account holder of an account appears personally at the hub licensee’s location and provides the following:

(i) Proper identification;

(ii) The correct secure personal identification code; and

(iii) A properly completed and signed withdrawal slip; or

(b) The account holder sends to the hub licensee a properly completed and signed withdrawal slip. Upon receipt of a properly completed and signed withdrawal slip the hub licensee shall, within five business days of its receipt, send a check by certified mail with return receipt requested to the account holder if there are sufficient funds in the account to cover the withdrawal. The check shall be payable to the account holder and in the amount of the requested withdrawal. If funds are not sufficient to cover the withdrawal, the account holder shall be notified in writing and those funds in the account shall be withdrawn and sent to the account holder within the five-day time period. Electronic funds transfers may be used for withdrawals in lieu of a check at the discretion of the account holder and the hub licensee in accordance with financial institution funds availability schedule.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:68 Inactive accounts

The hub licensee may close any account in which there has been no activity for at least six months, returning funds remaining therein to the account holder by certified mail with return receipt requested to the account holder’s last known principal residence address.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:69 Deceased account holder

In the event an account holder is deceased, funds accrued in the account shall be released to the decedent's legal representative upon receipt of a certified copy of a valid death certificate, tax releases or waivers, probate court authorizations, or other documents required by applicable laws.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:70 Posting of credits

Checks, money orders, and other negotiable instruments shall be posted to the credit of the account holder in accordance with the financial institution funds availability schedule.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:71 Payment of interest not required

Interest is not required to be paid on monies deposited with the account wagering center for account wagering.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:72 Manner of wagers approved by commission

Account wagers may only be accepted during times, days, and in manners as approved by the commission.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:73 Closing hub wagering

Notwithstanding any other rules, the managing employee of the hub licensee may at any time declare the hub operation closed for receiving wagers on any pari-mutuel pool, race, group of races, or closed for all wagering. Any time the hub licensee is closed during normal wagering hours by the managing employee the managing employee shall notify the executive secretary’s designee within two hours of the closure and file a written report with the commission within 48 hours.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:74 Refusal of wagers

A hub licensee may refuse any wager at any time for what the licensee considers good and sufficient reason. A written report of such action shall be sent to the commission within 48 hours of the action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:75 Account security - Account holder responsibility

Account security -- Account holder responsibility.** An account is for the personal use of the individual account holder only. The account holder is responsible for maintaining the confidentiality of the account number and secure personal identification code. Except where the hub licensee or its employees or agents act without good faith or fail to exercise ordinary care, the hub licensee is not responsible for any loss from an account holder’s account arising from the use by any other person or persons. The account holder must immediately notify the hub licensee of a breach of the account’s security.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:76 Payment on winning wagers -- Refunds

A payment of any winning pari-mutuel wager and credit for an account wager which has been ordered refunded by the host track shall be posted to the credit of the account holder no later than the close of the hub’s next business day.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:77 Errors in accounts

Normal banking practices apply in the case of any errors in posting an amount to an account or a change in the pari-mutuel payout.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:78 Monthly account statements

The hub licensee shall provide to each account holder monthly written statements of an individual’s account activity. In addition, an account holder has the right to request a statement at any time. Unless written notice to the contrary is received by the hub licensee within thirty days of the date that any statement is sent to an account holder, the statement is presumed to be correct.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:79 Account holder’s principal residence address

The principal residence address provided in writing by the account holder at the time of application is deemed to be the proper address for all mailing including checks, statements of account, account withdrawals, notices, or other correspondence unless the account holder has provided the hub with a change of principal residence address. The mailing of checks or other correspondence to the address given by the account holder is at the sole risk of the account holder.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.

ARSD 20:04:33:80 Wager information confidential -- Disciplinary action for violations

No employee or agent of the hub licensee may divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the hub licensee, except to the account holder as provided by this chapter, article 20:04, state or federal law, or the commission. A violation of this section is grounds for disciplinary action.

History

Source: 32 SDR 32, effective August 30, 2005.
General Authority: SDCL 42-7-56(15)(16).
Law Implemented: SDCL 42-7-56(15)(16), 42-7-58.1.