DEPARTMENT OF AGRICULTURE

                       OFFICE OF RACING COMMISSIONER

                              GENERAL RULES


(By authority conferred on the office of racing commissioner by section 7  of 
1995 PA 279, MCL 431.307)


                        PART 1. GENERAL PROVISIONS


R  431.1001   Definitions; A to C.
  Rule 1001. As used in these rules:
  (a) "Act" means Act No. 327 of the Public  Acts  of   1980,   as   amended, 
being S431.61 et seq. of the Michigan Compiled Laws.
  (b) "Appeal" means a written application to the commissioner for  review of 
any decision, order, or ruling of the  stewards  or   for   review   of   any 
administrative action by the commissioner.
  (c) "Arrears" means all sums that are due from a licensee, as  reflected by 
the records  of  the  commissioner   or   association,   for   any   of   the 
following:
  (i) Fines or forfeitures.
  (ii) Subscriptions.
  (iii) Entrance money.
  (iv) Jockey or driver fees.
  (v) Any default incident to these rules.
  (d)  "Association"  means  a  legal  entity  that  is   licensed   by   the 
commissioner to conduct a race meeting.
  (e)  "Authorized  agent"  means  a  licensee  who  is   licensed   by   the 
commissioner to act on behalf of another licensee and  whose   authority   to 
act for and on behalf of another licensee is evidenced  by   an   application 
filed with the commissioner.
  (f) "Bleeder" means a horse that is determined, by a  gross  or  endoscopic 
examination that is  conducted  by  a  veterinarian  who   is   employed   or 
licensed by the commissioner  or  another  racing   jurisdiction,   to   have 
hemorrhaged from within the respiratory tract during a race  or  workout   on 
the grounds of a recognized meeting.
  (g) "Closing" means a designated time when all entries in a  race  shall be 
and remain in the race, unless excused by the stewards.
  (h) "Coggins test" means a blood  test  to  determine   the   presence   of 
equine infectious anemia in a horse.
  (i) "Commissioner" means the racing commissioner.
  (j) "Complaint" means a written statement submitted to  the   stewards   or 
racing commissioner about an issue relating to the conduct of racing.

  History:  1985 AACS.


R  431.1005   Definitions; D to F.
  Rule 1005. As used in these rules:
  (a) "Day" means a period of 24 hours beginning at 12:01 a.m. and  ending at 
midnight.
  (b) "Disciplinary action" means an  action  taken  by   the   stewards   or 
commissioner for violation of the act or these rules and may  include  any of 
the following:
  (i) Suspension of license.
  (ii) Revocation of license.
  (iii) Ruling off.
  (iv) Expulsion.
  (v) The assessment of a fine of forfeiture.
  (vi) Reprimand.
  (vii) Any combination of paragraphs (i) to (vi) of this subdivision.
  (c) "Disqualification" means an order of the   stewards   or   commissioner 
which revises the order of finish of a race.
  (d) "Disqualified person" means a person who is  ineligible  for  licensing 
under the act or a person whose licensed status is such that he  or  she   is 
temporarily ineligible to participate in racing under these rules or those of 
any other racing jurisdiction.
  (e) "Driver" means a person licensed by  the  commissioner   to   drive   a 
standardbred horse in harness.
  (f)   "Expulsion"   means   the   unconditional    exclusion    from    any 
participation, either directly or indirectly, in the privileges  and  uses of 
the grounds of an association, or any part thereof.
  (g) "Foreign substance" means a substance,  or   its   metabolites,   which 
does not exist naturally in an  untreated  horse  or,  if   natural   to   an 
untreated horse, exists at an unnaturally high physiological concentration as 
a result of having been administered to the horse.
  (h) "Forfeit" means money due from a licensee  because  of   his   or   her 
error, fault, neglect of duty, or breach of contract; the loss  or  return of 
purse money resulting from a ruling of the stewards  or  commissioner;  or  a 
fine assessed a licensee by the stewards or commissioner.
  (i) "Futurity" means a stake in which the dam of the  competing  horse   is 
nominated either when in foal or during the year of foaling.

  History:  1985 AACS.


R  431.1010   Definitions; G to M.
  Rule 1010. As used in these rules:
  (a) "Grounds"  means  the  entire  premises  under  the   control   of   an 
association, including appurtenant parking areas and spectator areas.
  (b) "Horse" means an equine belonging to a breed eligible  to  race   under 
these  rules  and,  when  used  in  this  part,   designates    any    equine 
irrespective of these rules and irrespective of age or sex.
  (c) "In harness" means a race in which performances shall be to a sulky.
  (d) "Inquiry" means an investigation into the conduct of a  race  which  is 
initiated and conducted by the stewards before making a race official.
  (e) "Jockey" means  a  person  licensed  by  the   commissioner   to   ride 
thoroughbred horses, quarter horses, Appaloosa horses, or  Arabian  horses in 
races.
  (f) "Lessee" means a legal entity who is licensed by the commissioner as  a 
horse owner and whose interest in a horse is a leasehold.
  (g) "Licensee" means a legal entity holding a currently  valid  license  to 
participate in or conduct horse racing in this state.
  (h) "Meeting" means the entire  period  of  consecutive   days   which   is 
granted by the commissioner to an association for the conduct  of  racing.
  (i) "Mixed meet" means a  race  meet  licensed   to   conduct   pari-mutuel 
racing of more than 1 breed of horse.
  (j) "Month" means a calendar month.

  History:  1985 AACS.


R  431.1015   Definitions; O, P.
  Rule 1015. As used in these rules:
  (a) "Objection" means a complaint  filed  by  a   participant   against   a 
horse, jockey, or driver in the race before the result of a  race  has   been 
made official.
  (b) "Owner," for purposes of these rules and in  furtherance  of  promoting 
the safety, security, growth, and integrity of all horse  racing,   means   a 
legal entity with an interest in a horse or horses and   shall   not   exceed 
more than four individuals per single horse.
  (c) "Place," when used in the context of a single position in the  order of 
finish in a race, means second. When  used  in  the  context  of  pari-mutuel 
wagering, a "place" wager is one involving a payoff on  a  betting   interest 
which finished first or second in a race. When  used  in   the   context   of 
multiple positions in the order of finish in a race,  "place"  or   "placing" 
means finishing first, second, or third.
  (d) "Post" means a station on the racing course from  which   a   race   is 
started. In harness racing, the post is where the horses   line   up   behind 
the mobile starting gate.
  (e) "Post position" means a position assigned to a horse for  the  start of 
a race.
  (f) "Post time" means the time in a race set  for  the   arrival   of   the 
horses at the starting post.
  (g) "Prize" means the combined total of any cash,  premium,   trophy,   and 
any other object of value  which  is  awarded  to  the   owners   of   horses 
according to the order of finish in a race.
  (h) "Protest" means a written statement filed before a  race  objecting  to 
the eligibility of a horse or person to participate in the race.
  (i) "Purse" means the gross cash portion of the prize for which  a  race is 
run.

  History:  1985 AACS.


R  431.1020   Definitions; R, S.
  Rule 1020. As used in these rules:
  (a) "Race" means a contest of speed among horses for a prize.
  (b)  "Racing  official"  means  all  personnel,   other    than    licensed 
participants, having a direct connection with the running of a race.
  (c) "Race on the flat" means a race run over a course on which no  jumps or 
other obstacles are placed.
  (d) "Recognized meeting" means any race meet   with   regularly   scheduled 
races which is licensed by, and conducted under rules   promulgated   by,   a 
governmental regulatory body, including race meets   in   foreign   countries 
held under  the  sanction  of  a  turf  authority   whose   jurisdiction   is 
acknowledged by the commissioner.
  (e) "Restricted area" means designated locations on the   grounds   of   an 
association  where  admission  is  limited  to  persons   having   a    valid 
occupational license or restricted area pass.
  (f) "Ruling off" means barring a person from  the   grounds   of   licensed 
associations, or any part thereof, by written order   of   the   commissioner 
pursuant to the act and these rules.
  (g) "Scratch" means the withdrawal of a horse entered for  a   race   after 
the time of closing.
  (h) "Scratch time" means a time set by the stewards as   a   deadline   for 
horsemen to scratch out of a race.
  (i) "Stake" means a race in which owners  or  nominators,   or   both,   of 
horses entered or engaged for the race contribute  to  a   purse   to   which 
money or any other prize may be added.
  (j) "Starter" means a horse in front of which the  stall   doors   of   the 
starting gate open at the time the starter dispatches the field  or,  when  a 
starting gate is not used or where a mobile starting gate   is   used,   when 
the official starter gives the word "go."
  (k) "Suspension" means a form of disciplinary action where  a  licensee  is 
deemed temporarily ineligible for participation in racing.

  History:  1985 AACS.


R  431.1025   Definitions; T, W.
  Rule 1025. As used in these rules:
  (a) "Time of a race meeting" means the whole consecutive  period  of   days 
for which a license is granted by the commissioner.
  (b) "Trainer" means a person licensed by the commissioner  who   shall   be 
responsible for, and the absolute insurer of,  the   proper   care,   health, 
training condition, safety, and protection of horses in his or her charge.
  (c) "Winner" means a horse whose nose reaches the   wire   first   carrying 
its jockey or driver, a horse whose nose reaches  the  wire   at   the   same 
instant as the nose of a horse sharing first place carrying  its  jockey   or 
driver, or a horse awarded first place by  the   stewards   or   commissioner 
because of the disqualification of an actual first-place finisher.
  (d) "Wire" means a surveyed point crossing and at right   angles   to   the 
track at which all races conclude.
  (e) "Workout" means the training of a horse on a  racetrack  during   which 
the horse may merely be exercised or  may  be  tested  for   speed   over   a 
specified distance and the results recorded.

  History:  1985 AACS.


R  431.1027   Terms; defined in act.
  Rule 1027. Terms defined in the act have the same meanings  when  used   in 
these rules.

  History:  1985 AACS.


R  431.1030   Licensure.
  Rule 1030. The commissioner may delegate the responsibility of approving or 
denying occupational licensing to his or her representatives.

  History:  1985 AACS.


R  431.1035   Conditions precedent to occupational licensing.
  Rule 1035. (1) Pari-mutuel horse racing and participation  therein  in  the 
state of  Michigan  are  privileges,  not  rights,  granted   only   by   the 
commissioner by license subject to the conditions precedent  set   forth   in 
subrule (2) of this rule.
  (2) Application for an occupational license means consent and  agreement by 
 the  applicant,  upon  application   and   for   the   duration    of    the 
occupational license, if  issued,  to  all  of   the   following   conditions 
precedent:
  (a) That all representations on the application filed  are   complete   and 
correct and,  when  required  by  the  commissioner,   are   accompanied   by 
fingerprint identification, proof of worker's  compensation   insurance,   or 
certification of professional licensing  and  any   other   information   the 
commissioner considers necessary and proper.
  (b) That the applicant will abide by all rulings and   decisions   of   the 
stewards, unless reversed or modified  by  the   commissioner   upon   proper 
appeal, and all  rules,  regulations,  and  orders   of   the   commissioner, 
subject to review pursuant to these rules and the act.
  (c) That when responsibility is placed upon a  licensee,   other   than   a 
trainer, by the act or these rules, the licensee will bear  the   burden   of 
proof to show freedom from negligence in the exercise of a  high  degree   of 
care in safeguarding horses from tampering.
  (d) That the applicant will conduct himself or herself and   his   or   her 
business at all times in a manner befitting the best  interests   of   racing 
and shall cooperate in every way with  the  commissioner  or   his   or   her 
representatives  during  the  conduct  of   an    investigation,    including 
responding correctly, to  the  best  of  his  or  her   knowledge,   to   all 
questions pertaining to racing matters.
  (3) Failure to comply with the conditions  precedent   to   licensing   set 
forth in subrule (2) of this rule may result in   immediate   suspension   or 
revocation of the license.

  History:  1985 AACS.


R  431.1045   Separate licensure; exception.
  Rule 1045. Each type of racing permitted by the act  requires  a   separate 
and distinct occupational license for participation, except  at  mixed   race 
meets.

  History:  1985 AACS.


R  431.1050   Race meeting licensing standards.
  Rule 1050. (1) An association desiring to  conduct   a   pari-mutuel   race 
meeting shall file a written application for a race  meeting   license   with 
the commissioner as prescribed by the act.
  (2) The application shall specify all of the following information:
  (a) The location of the proposed race meeting.
  (b) The dates on which the association desires to conduct racing.
  (c) Any other information the commissioner  requires   related   to   their 
racing interest.
  (3) If the association applying for a race meeting license   is   not   the 
owner or lessee of a track licensed by the  commissioner,   the   association 
shall offer evidence satisfactory to the commissioner that   it   will   have 
use of a licensed facility for the dates proposed.
  (4) In granting or refusing a race  meeting   license,   the   commissioner 
shall consider the character and reputation of the  persons  identified  with 
the undertaking and the financial stability of the association.
  (5) In granting a race meeting license, the   commissioner   will   require 
compliance with all of the following provisions:
  (a) That dates applied for  are  fully  intended  to  be   used   for   the 
conducting of pari-mutuel wagering.
  (b) That the applicant will meet, observe, and enforce the  requirements of 
the license, the act,  and  other   applicable   laws   of   the   state   of 
Michigan.
  (c) Opportunity for the sport to properly develop.
  (d) Availability of horses.
  (e) Avoidance of harmful competition among tracks in the state.
  (f) Community support for promotion and continuance of the tracks.
  (6) An association shall be notified of the granting  or   denying   of   a 
race meeting license and the requirements of the license,  pursuant  to   the 
act, in the manner and form determined by the commissioner. A denial shall be 
for cause.

  History:  1985 AACS.


R  431.1055   Occupational licensing standards; individuals.
  Rule 1055. (1) The commissioner may issue an occupational  license  to  any 
person participating in the racing of horses  if   the   commissioner   finds 
that  the   financial   responsibility,    age,    experience,    reputation, 
competence, general fitness, and record of law abidance  of   the   applicant 
are consistent with  the  best  interests  of  racing  and   the   state   of 
Michigan.
  (2) The commissioner may consider the following  in   granting,   refusing, 
suspending, or revoking, an occupational license   or   taking   disciplinary 
action against an occupational licensee:
  (a) The applicant's financial history,  including  court-imposed  financial 
judgments, failure to honor financial obligations, or the  issuance  of  bank 
instruments without having sufficient funds on deposit.
  (b) The applicant's  current  financial   status,   including   outstanding 
indebtedness to service and supply vendors in the racing industry.
  (c) The applicant's experience in  the  racing   industry   in   capacities 
related to the occupational license sought.
  (d) The applicant's competence to hold the  occupational   license   sought 
measured by standardized written and practical testing and  peer  review,  as 
required by the commissioner.
  (e) The  applicant's  general  fitness  in  terms   of   physical   health, 
including mental stability, use of drugs, and record of racing violations.
  (f) The applicant's record of criminal  convictions,   including   offenses 
related to the integrity and safety of racing and its participants.
  (3) Applicants who have been denied a license or had a license suspended or 
 revoked  by  another  racing   jurisdiction   may   be   required   by   the 
commissioner to seek reinstatement in the jurisdiction  where   the   license 
was denied, revoked, or suspended.
  (4) The commissioner, at any time, may require the removal  for  cause   of 
any employee or official employed by a licensee.
  (5) Any omission or misrepresentation in the license  application  shall be 
sufficient cause for the denial, suspension, or revocation of  a  license  by 
the commissioner.
  (6) Trainers and vendors operating within restricted  areas   of   licensed 
racetracks shall ensure  that  they  and  their  employees  are  licensed.
Additionally, a trainer shall ensure that each owner for whom   he   or   she 
trains applies for licensing. A horse in a trainer's care shall not  start in 
a race unless at least a temporary application for the owner's  license is on 
file with the commissioner.
  (7) A person under the age of 18 shall not be   granted   an   occupational 
license, except upon presentation of proof of  age  and,   if   employed   by 
anyone other than a parent or legal guardian, submission of working papers as 
required by law. The minor child   of   a   licensed   owner   may,   without 
working papers, be granted an owner's license by the  commissioner   if   the 
parent who is a licensed owner files with the minor's license  application an 
agreement assuming responsibility for all  financial,  contractual,  or other 
obligations of the minor child relating to racing.
  (8) A person under the age of 16 shall not be licensed as   a   jockey   or 
driver.
  (9) The license applications of stable  employees,  association  employees, 
and employees of vendors operating within restricted  areas   of   racetracks 
shall be endorsed by their employers. Exercise riders,   pony   riders,   and 
any person intending to exercise a horse upon a licensed  racetrack  may   be 
required by the stewards to demonstrate their horsemanship.
  (10) It shall be a trainer's responsibility to maintain on  file  with  the 
commissioner an up-to-date roster of owners,  employees,   and   any   others 
having access to the trainer's assigned premises. The  roster  shall  contain 
all information considered pertinent by the commissioner.
  (11) An  individual,  other  than  a  licensee,  seeking   entry   into   a 
restricted area shall make application for a restricted area  pass  from  the 
racing commissioner. A restricted area pass is valid only for  the  time  and 
place designated on the pass. The stewards shall  review   and   approve   or 
deny all applications  for  restricted  area   admission.   Restricted   area 
passes shall not be issued for admission to the paddock at  a  licensed  race 
meeting. However, a spouse of a licensed owner or trainer may  have  his   or 
her restricted area pass endorsed to permit him or her   into   the   paddock 
when accompanied by the licensed spouse. Restricted area passes shall  not be 
issued to anyone who would usually require a license.
  (12) Licensed trainers may apply for a temporary license  for  owners   for 
whom they train. A  temporary  license  is  valid  for  1   start   only.   A 
subsequent entry will require the owner to be fully  licensed  in  conformity 
with these rules.

  History:  1985 AACS.


R  431.1060   Occupational license fees.
  Rule  1060.  (1)  Occupational  license  fees  shall  be   set    by    the 
commissioner.
  (2) Unless voided by the commissioner, a license fee receipt shall admit an 
applicant to restricted areas only  during  the  period  designated  by   the 
commissioner on the face of the receipt.

  History:  1985 AACS.


R  431.1065   Joint ownership.
  Rule 1065. (1) Every legal entity having  an  ownership   interest   in   a 
horse shall be licensed.
  (2) If more than 4 individual persons own interests in   a   single   horse 
through a corporation, syndicate, partnership,  or   other   joint   venture, 
such individual persons may designate, in writing, up to 4  members  of   the 
corporation, syndicate, partnership, or joint  venture   to   represent   the 
entire ownership of, and be responsible for, the  horse   as   the   licensed 
owner or owners.
  (3) A joint ownership agreement or lease shall  accompany  the  application 
for an owner's license.
  (4) The commissioner may deny, suspend, or revoke  the   license   of   any 
owner whose ownership of a horse is qualified or limited in   part   by   the 
rights or an interest in such horse being held or controlled  by  any   other 
person or persons who would be ineligible for licensing under these rules.

  History:  1985 AACS.


R  431.1070   Leases; validity; terms.
  Rule 1070. (1) Horses may be raced under a lease if the lease  agreement is 
affixed to the horse's registration or eligibility papers  and   approved  by 
the stewards. For the purposes of racing  a  horse   in   this   state,   the 
validity of a lease may be suspended temporarily or voided by the stewards at 
any time upon a determination  that  the   lease   is   not   in   the   best 
interest of racing.
  (2) A lease shall not be approved by the stewards   for   racing   purposes 
unless all of the following provisions are complied with:
  (a) The lessee is licensed as an owner.
  (b) Each of the signatures of the  lessors  and  lessees   on   the   lease 
agreement is subscribed and sworn to before a notary public.
  (c) A horse shall not be leased more than once per  calendar  year  without 
approval of the stewards.
  (d) Conditions of the lease specify, as to parties to  the  lease,  whether 
the subject horse may be entered to be claimed. If the  lessor  agrees   that 
the subject horse may be entered to be claimed, conditions   of   the   lease 
shall specify the minimum price for which the subject horse  can  be  entered 
and to whom the claiming price is payable.
  (e) Conditions of the lease specify  that  upon  claim   of   the   subject 
horse, the lease shall terminate and all rights in and to  such  horse  shall 
pass to the claimant as a bona fide purchaser.
  (f) The lease completely divests the lessors or   sublessors   of   further 
control or direction of the racing performance of such  horse   while   under 
lease, and the lease ensures that the resultant  program   listing   of   the 
lessee will not mislead the betting public by reason of the  absence  in  the 
program listing of  the  name  of  a  person  or  persons   who   possess   a 
beneficial interest in such leased horse.

  History:  1985 AACS.


R  431.1075   Licensure of corporations or syndicates.
  Rule 1075. (1) If more than 4 individual  shareholders   or   members   own 
interests in a single horse through a corporation or  syndicate,  the   horse 
may be leased for racing purposes pursuant to R 431.1065 or R 431.1070.
  (2) A  corporation  or  syndicate  which  does  not  have   more   than   4 
individual shareholders or  members  shall,  at  the  time   of   filing   an 
application for an owner's license, provide the commissioner  with   all   of 
the following information:
  (a) The names and addresses  of  the  shareholders  or   members   of   the 
corporation or syndicate, together with the  amount   of   their   respective 
holdings.
  (b)  Indication  of  whether  the  stated  amount  of   investment   by   a 
shareholder or member is paid in full.
  (c) Designation of a person  or  persons  authorized   to   represent   the 
corporation or syndicate in racing matters.
  (3) Each shareholder or member of a corporation or  syndicate  licensed  to 
race under these rules shall be licensed individually.
  (4) A corporate name or a syndicate name, if any, shall  be  considered   a 
stable name for the purpose of these rules, but  the  commissioner   reserves 
the right to refuse any corporation or syndicate the right  to   register   a 
stable name.

  History:  1985 AACS.


R  431.1080   Licensure of partnerships.
  Rule 1080. (1) If more than 4 persons own interests in   a   single   horse 
through a partnership,  the  horse  may  be  leased   for   racing   purposes 
pursuant to R 431.1070.
  (2) Each member of a partnership licensed  to  race   under   these   rules 
shall be licensed individually.
  (3) A partnership shall be registered with  the  commissioner.  Partnership 
papers shall include all of the following information:
  (a) The name and address of every person who  has  an   interest   in   the 
horse or horses involved.
  (b) The relative proportions of such interests.
  (c) To whom the winnings are payable.
  (d) In whose name the horse or horses shall compete.
  (e) Who has the power to enter the  horse  or  horses  in   races   or   to 
withdraw the horse or horses from races.
  (f) The terms of any contingency, lease, or other arrangements.
  (g) The name or names of the horse or horses involved.
  (4) Any partner transacting business on behalf of   a   partnership   shall 
own an interest in the partnership which is not  less   than   the   interest 
owned by any other partner.
  (5) All partnership papers shall be signed by all of the  parties   or   by 
their authorized agent.
  (6) Any alteration in a recorded partnership  agreement  shall  necessitate 
application for a new partnership agreement.
  (7) All the parties in a partnership  shall  be   jointly   and   severally 
liable for all arrears.
  (8) The part owner of a horse may assign his or her share or any part of it 
with the written consent of the other partners. The  consent  shall  be filed 
with the stewards.
  (9) A partner may claim for the partnership, unless  otherwise  stated   in 
the partnership agreement.

  History:  1985 AACS.


R  431.1085   Joint ownership; waiver of rules.
  Rule 1085. The commissioner, in extraordinary  circumstances,   may   waive 
these rules with  respect  to  any  1  horse  owned   by   any   corporation, 
syndicate, partnership, or other joint venture  to  permit   the   horse   to 
participate in a specific race of special interest to the   sport   and   the 
state of Michigan.

  History:  1985 AACS.


R  431.1090   Joint ownership; reports.
  Rule  1090.  (1)  The  shareholders  or  members   of   any    corporation, 
syndicate, partnership, or other joint venture  which   leases   horses   for 
racing purposes in this state, in addition to  the  corporation,   syndicate, 
partnership, or joint venture, shall  file  with   the   commissioner,   when 
requested to do so, a report under oath containing all information related to 
racing the commissioner  specifies.  Failure  of  a  corporation,  syndicate, 
partnership, or joint venture to file  the  report  shall   result   in   the 
denial of  a  license  to  any  lessee  or  lessees   of   the   corporation, 
syndicate, partnership, or joint venture or the revocation   of   a   license 
already granted.
  (2) A stable name shall be carried on the program with the   name   of   at 
least 1 owner. If the stable represents  more  than  1   owner,   the   joint 
ownership shall be indicated by the use of the name of  1   owner   and   the 
words "et al."

  History:  1985 AACS.


R  431.1095   Associations; duties.
  Rule 1095. (1) Each association licensed by the  commissioner,   and   each 
licensed association's  officers,  directors,   officials,   and   employees, 
shall observe and enforce the laws of the state of Michigan  and  the   rules 
and regulations of the commissioner at and during  licensed   race   meetings 
conducted  by  the  association.  Each  association,   and   its    officers, 
directors, and employees, shall also honor all written orders of expulsion or 
ruling off issued by   the   commissioner,   and   pursuant   thereto   shall 
immediately eject and exclude from association grounds any  person  whom  the 
association, or its officers, directors, or employees, knows  to   be   under 
expulsion and ruled off pursuant to the written order of the commissioner.
  (2) Each association shall provide a  competent   and   adequate   security 
force, night and day, in and about association grounds   and   shall   police 
and maintain order on its grounds so as to reasonably insure  the  safety  of 
all persons on its grounds and  protect  and  preserve   the   integrity   of 
racing  and  pari-mutuel  wagering  conducted  on  its   grounds.   Upon    a 
determination by the  racing  commissioner  that   additional   security   is 
necessary to insure the  safety  and  integrity   of   racing,   supplemental 
security shall be provided by the racing commissioner at each race meeting in 
areas where occupational licenses are required for admittance.
  (3) Each association  shall  exclude  all  of  the   following   from   its 
grounds:
  (a) All persons whom it knows have been designated by  written   order   of 
the commissioner or the stewards to be  under  expulsion,   ruled   off,   or 
otherwise excluded from association grounds pursuant to the   act   and   the 
rules of the commissioner.
  (b) Upon written notification of the commissioner, all  persons   whom   it 
knows have been designated by  written  order  of   the   recognized   racing 
authority in another recognized racing jurisdiction to  be  under  expulsion, 
ruled off, or otherwise excluded from  racetrack  grounds   in   such   other 
racing jurisdiction.
  (c) All persons whom it knows to be engaged in  activities  on  association 
grounds to avoid, or aid others in avoiding, compliance   with   federal   or 
state income tax laws or rules pertaining  to   gambling   winnings   derived 
from pari-mutuel wagering.
  (d) All persons whom it knows to  be  engaged  in   bookmaking   or   other 
illegal wagering or gambling activities on association grounds.
  (e) All persons whom it knows to be engaged in touting   or   the   illegal 
solicitation of bets on association grounds.
  (f) All persons whom it knows to be engaged in  activities  to   unlawfully 
influence or fix the results or outcome of a race  conducted  on  association 
grounds.
  (g) All persons whom it knows have been convicted   of   crimes   involving 
fraud or deception in the conduct of racing or pari-mutuel wagering.
  (h) All persons  whose  presence  and  conduct   on   association   grounds 
reasonably threatens the health and safety of other  persons  on  association 
grounds or reasonably threatens or undermines  public   confidence   in   the 
integrity of racing  or  pari-mutuel  wagering   conducted   on   association 
grounds.
  (4) Each association shall eject and exclude,  from   its   stable   areas, 
paddock, and  other  restricted  areas,  any  person   not   authorized   for 
admission to such areas under these rules.
  (5) Each association  may,  in  its  sole  discretion  and   on   its   own 
volition, eject or exclude from its grounds,  or  any   part   thereof,   any 
person, licensed or unlicensed, for any reason it   deems   appropriate   and 
without giving any reason or cause therefor, if, however,  such  ejection  or 
exclusion is not based in any way upon  the  person's   sex,   race,   color, 
creed, or national origin and is not otherwise in violation   of   state   or 
federal law.
  (6) When any association ejects or excludes any person from its grounds, it 
shall promptly report such action to the commissioner in writing.
  (7) The association  shall  provide  the  commissioner   with   copies   of 
available daily police reports pertaining to conduct on racetrack grounds.
  (8) The stable area of each licensed racetrack shall be   enclosed   by   a 
fence or other barrier of reasonable  height  that  will   deter   entry   of 
unauthorized persons.
  (9) The association shall maintain a 24-hour guard at   any   entrance   to 
the stable area during the race meeting.
  (10) The stable area shall be patrolled by track  security  officers,   who 
shall pay special attention to the presence of  unauthorized  personnel,   to 
the enforcement of fire prevention measures, and to the  inspection  of  tack 
rooms and living quarters for fire hazards and contraband.
  (11) An association shall take prompt  corrective  action   on   all   fire 
safety deficiencies noted in inspections by local and state fire marshals.
  (12) An association shall provide protected sheds  for   the   storage   of 
hay, straw, feed, and other flammable materials.
  (13) An  association  shall  at  all  times  maintain   its   grounds   and 
facilities so as to be neat and clean, painted, and in  good   repair,   with 
special consideration for the comfort,  health,  and   safety   of   patrons, 
employees, and other persons whose business requires  attendance,  and   with 
special consideration  for  the  health  and  safety   of   horses   stabled, 
exercising, entered to race, or racing, at the  association's  facilities.
  (14) An association  shall  provide  and  maintain   lighting   to   ensure 
illumination in the stable, spectator, and parking areas.
  (15) An association shall provide and maintain   facilities   for   drivers 
and jockeys. Separate toilet and dressing facilities shall  be  provided  for 
female and male drivers and jockeys.
  (16) An association shall provide all of the following:
  (a) Training and racetrack surfaces that are safe and humane.
  (b) Proper equipment to maintain track surfaces.
  (c)  Sufficient  trained  personnel  to   properly   operate    maintenance 
equipment and to assess needs in track maintenance on a day-to-day  basis.
  (d) Daily records on the condition and maintenance  of  each  training  and 
racing surface. Such records shall be submitted to the stewards.
  (17) An association shall have in  attendance,  during   all   racing   and 
training hours, at least 1 ambulance and 1 horse ambulance with  personnel to 
render first aid and transport injured  persons  or  horses   to   the   most 
suitable place available for medical or  veterinary   treatment.   Ambulances 
shall be stationed at the entrance to the racing surface.
  (18)  An  association  shall  equip  and  maintain   adequate   first   aid 
facilities with medical personnel in attendance.
  (19) An association  shall  install  and  maintain  in   good   service   a 
communication system between the stewards' stand and all  of  the   following 
persons or places:
  (a) Pari-mutuel department.
  (b) Starting gate.
  (c) Clerk of scales.
  (d) Clerk of course.
  (e) Paddock judge.
  (f) Patrol judges.
  (g) Commissioner's veterinarian.
  (20) For  pari-mutuel  wagering,  an  association  shall   use   either   a 
totalisator or another mechanical device which is equal   in   accuracy   and 
clearness to the totalisator and which is approved by  the  commissioner.  No 
other place or method of betting, pool making, wagering, or  gaming  shall be 
used or permitted without the commissioner's approval.
  (21) An association conducting racing shall provide photo finish service of 
a type and quality approved by  the   commissioner   as   an   aid   to   the 
stewards, in determining the order of finish. When a photo finish  picture is 
used to determine the order of finish,  the  picture,  or  true   copies   or 
projections thereof, shall be posted or projected for  public  inspection  as 
required by the stewards or commissioner. Film strips shall  be  preserved by 
the association for 1 year.
  (22)  An  association  conducting  racing  shall   install   an   automatic 
electric timing device in conjunction with  the  photo   finish   camera   or 
independent of such device for the purpose  of   accurately   recording   the 
timing of all races. This time shall be considered as the  official  time  of 
each race.
  (23) The association shall designate  an  approved   racing   official   as 
timer. The final time recorded by the timer on a hand-held watch or device of 
similar accuracy shall be the official time of a race if  the  electric timer 
fails.
  (24) An association shall make a visual recording of each race  as  it   is 
run. The recording shall be by videotape or other means   approved   by   the 
commissioner. The equipment necessary to promptly show  the   recordings   to 
the stewards to assist them in determining questions pertaining  to  a   race 
shall be provided by the association. Such recordings shall in  all  cases be 
considered only as aids to the stewards.  A  visual  recording  of  all views 
of each race shall be preserved  by  the  association  in  a   secure  manner 
for 90 days after the close of a meeting or for a longer period  set  by  the 
stewards or commissioner. Specific recordings shall be shown to the  stewards 
at  any  time  during  the  meeting   or   shall   be   delivered   to    the 
commissioner or his or her representative at any time upon  request.  As  the 
stewards deem  necessary,  and  for  the  purpose   of   educating   jockeys, 
drivers, and racing officials, the association may show visual  recordings of 
races to jockeys, drivers, and   racing   officials   on   the   racing   day 
following the races in question.
  (25) The association shall display post time a reasonable  time  before   a 
race on a clock device provided for that purpose, on  the   infield   results 
board, or on another prominent structure which is   clearly   readable   from 
the spectator areas.
  (26) An association conducting racing  shall  maintain   a   paddock   that 
shall secure horses preparing to race in the daily   program.   The   paddock 
shall be entirely enclosed and the gate or gates into the enclosure  shall be 
controlled to exclude unauthorized persons.
  (27) During racing hours, the association shall provide the services  of  a 
blacksmith and extra equipment in or adjacent to the paddock  to  ensure  the 
proper conduct of racing without unnecessary delay.
  (28) An association shall provide necessary  office   space   with   proper 
conveniences and adequate parking spaces for the commissioner  and   his   or 
her  representatives.  Identification   signifying   the    bearer    as    a 
representative of the commissioner shall be honored for   entrance   to   all 
points on the grounds.
  (29) The names and addresses of the track-designated  stewards  and   other 
racing officials shall be submitted to the commissioner not  less   than   30 
days before the start of the race meeting and shall thereafter be approved or 
disapproved by the commissioner. A disapproval shall be for cause.
  (30) Racing officials subject to the approval of  the  racing  commissioner 
shall not hold more than 1 official position during a race meet.

  History:  1985 AACS.


R  431.1101   Admissions.
  Rule 1101. (1) A person required to be licensed by these rules shall not be 
admitted to the stables or other restricted area of  a  racetrack  without  a 
current valid license or restricted area pass in his or her  possession.
An association may permit a licensed applicant to  enter   restricted   areas 
for a period of not more than 10  days  after  the  filing   of   a   license 
application if the applicant possesses a license fee receipt.
  (2) A licensed person in or entering  the  stables,   paddock,   or   other 
restricted area of a racetrack under the jurisdiction  of  the   commissioner 
shall wear, on his or her outer apparel, a  currently  valid   identification 
card of a type required by the commissioner. An association  may  refuse   to 
accept the identification card as a badge for admission to   any   parts   of 
the spectator areas it specifies.
  (3) Occupational licenses  and  restricted  area   passes   shall   require 
validation for each race meeting. The licenses of horse  owners  and   stable 
employees shall not be validated unless their names appear  on   the   stable 
list submitted to the commissioner by the responsible trainer.
  (4) Policemen, firemen, inspectors, and other public  officials  acting  in 
the performance of their duties; employees of utility firms; or  employees of 
companies doing construction in  restricted  areas  are   exempt   from   the 
provisions of this rule.  However,  any  exempted   person   shall   identify 
himself or herself and explain the purpose of  his  or   her   visit   before 
admission.

  History:  1985 AACS.


R  431.1105   Entering and departing restricted areas; sign   in   and   sign 
out.
  Rule 1105. Licensed persons  entering  restricted   areas   of   racetracks 
during other than normal racing and training hours shall sign  in  and  shall 
sign out upon departure. The person's name, occupation,  and  vehicle  number 
shall be recorded. Exempt persons, other than policemen and  firemen  in  the 
performance of their duties, shall sign in and out at all  times   during   a 
race meeting.

  History:  1985 AACS.


R  431.1110   Logging entry and departure of horses.
  Rule 1110. (1) The identity of  all  horses  entering   and   leaving   the 
stable area of an association conducting a race meeting shall  be  logged  in 
and out in a horse-in, horse-out book at the stable area gate.
  (2) The log book entry shall include all of the  following  information:
  (a) The date and time in or out.
  (b) Name of horse.
  (c) Driver of the transporting vehicle.
  (3) A dead horse shall not be removed from  the   grounds   without   prior 
notification of the commissioner's office or the veterinarian.
  (4) All horses entering association grounds  from   another   state   shall 
provide a current certificate of health which is to   the   satisfaction   of 
the stewards and which evidences current Coggins testing by   a   doctor   of 
veterinary medicine.

  History:  1985 AACS.


R  431.1115   Reporting violations.
  Rule 1115. If a person who is licensed as a  participant   in   racing   is 
approached with an offer or promise of a gratuity or  with   a   request   or 
suggestion of a  bribe;  any  improper,  corrupt,  or   fraudulent   act   or 
practice in relation to a race or racing; or that any   race   be   conducted 
other than in a fair manner and in accordance with the  rules,  that   person 
shall report such offer or  suggestion  immediately  to   the   stewards   or 
commissioner. Failure to report the offer  or  suggestion   may   result   in 
disciplinary action, which may include suspension  or   revocation   of   the 
person's license.

  History:  1985 AACS.


R  431.1120   False statements.
  Rule 1120. A licensed person who, while under oath in any hearing, or in  a 
sworn statement, gives false or misleading statements in connection with  any 
investigation pertaining to racing or any person who  refuses  to  appear  or 
testify after proper notice shall  be  subject  to  disciplinary  action   or 
criminal prosecution, or both.

  History:  1985 AACS.


R  431.1125   Best efforts to win.
  Rule 1125. A licensee is expected to give his or her best effort to  win in 
all races in which he or she participates. Any instruction  or  advice  to  a 
jockey or driver or any handling of a jockey's or driver's  horse  other than 
for the purpose   of   winning   is   prohibited.   If   the   stewards   are 
satisfied that a race was ridden or driven in a fraudulent  manner  or   that 
the jockey or driver was instructed or induced  to  ride  or   drive   in   a 
fraudulent manner, all persons guilty of connivance in the  offense  shall be 
ruled off and  subject   to   further   disciplinary   action   or   criminal 
prosecution, or both.

  History:  1985 AACS.


R  431.1130   Expulsion and ruling off by commissioner.
  Rule 1130. (1) The commissioner, deputies, or authorized  representative of 
the commissioner may order any person, whether licensed or  unlicensed, to be 
immediately  ejected,  ruled  off,  and  excluded  from  association grounds, 
or any part thereof, by written order of expulsion or ruling off, for any  of 
the following reasons:
  (a) The person's violation of the promulgated rules of the  commissioner or 
the act or any successor racing laws enacted after the   effective   date  of 
these rules.
  (b) The person's participation in touting, the  illegal   solicitation   of 
bets or wagers, bookmaking, or any  other  illegal   wagering   or   gambling 
activity.
  (c) The person's participation in  any  plan,  scheme,   or   activity   to 
avoid, or aid another in avoiding, compliance with federal  or  state  income 
tax laws pertaining to the reporting of pari-mutuel  gambling   winnings   as 
income.
  (d) The person's conviction for any crime involving fraud  or  deception in 
the conduct of racing or pari-mutuel  wagering  or  in   the   reporting   of 
pari-mutuel  gambling  winnings  to  federal  or   state    government    tax 
authorities.
  (e) The person's participation in  any  plan,  scheme,   or   activity   to 
unlawfully influence or fix the results or outcome of a race.
  (f) The person's participation in  any  plan,  scheme,   or   activity   to 
misrepresent the true age, pedigree, identity, ownership,  or  eligibility of 
a horse to any of the following:
  (i) The jockey club.
  (ii) United States trotting association.
  (iii) American quarter horse association.
  (iv) Appaloosa horse club.
  (v) Arabian breed registry.
  (vi) The commissioner.
  (vii) Any racing official.
  (g) The person's participation  in  any  disorderly   conduct   or   public 
disturbance on association grounds which reasonably  threatens   the   health 
and safety of other persons or horses.
  (h) The person's participation in  any  plan,  scheme,   or   activity   to 
willfully and knowingly enter or start an unqualified or ineligible  horse in 
a race.
  (i) The person's participation in any plan, scheme or activity to  offer or 
receive any money, benefit, or other consideration  for  scratching  an entry 
from a race.
  (j) The person's participation in  any  plan,  scheme,   or   activity   to 
offer, promise, or give any gift,  gratuity,  money,   property,   or   other 
valuable thing or benefit to any person having official duties in relation to 
the conduct of racing  or   pari-mutuel   wagering   with   the   intent   or 
purpose of thereby influencing the action, judgment, or  decision   of   such 
person with respect to any matter or question which may  be  brought   before 
such person in his or her official capacity. Any person  who   has   official 
duties in relation to the conduct of racing or   pari-mutuel   wagering   who 
requests, accepts, or receives, or agrees to accept and  receive,  any  gift, 
gratuity,  money,  property,  or  other  valuable  thing   or   benefit    as 
consideration for acting, judging, or deciding a matter or question  which is 
brought before him or her in his or  her  official  capacity  shall  be ruled 
off association  grounds  and  removed  from  his  or  her  official position.
  (k)  The  person's  participation  in  any  plan,   scheme,   or   activity 
involving fraudulent practices in the conduct  of   racing   or   pari-mutuel 
wagering in this or any other country.
  (l) The making of a bet with, or on behalf of,  any   jockey   or   driver, 
unless the bet is on a horse the jockey or driver is riding or driving.
  (m) If the person is a jockey or driver, the acceptance of  a   ticket   or 
the making of a bet on any horse other than the one he  or   she   rides   or 
drives; however, a jockey or driver may make a multiple wager   if   his   or 
her horse is selected to finish first in all instances.
  (n) The  person's  participation  in  ordering  or   performing   a   nerve 
operation at or above the  ankle  of  a  horse  or   a   tumor   (re-nerving) 
operation in the same area on a horse on the grounds of a  track  under   the 
jurisdiction of the commissioner.
  (o) If the person is a veterinarian, ordering a horse   to   be   denerved, 
neurectimized, desensitized,  or  anesthetized   by   surgery,   cryosurgery, 
freezing, chemical block, or any other means at or above the ankle  so  as to 
remove sensation from the lower limb. A horse which has  been   subjected  to 
any of these procedures shall not be eligible to race, and any  licensee  who 
violates this rule shall be subject to disciplinary action.
  (p) The person's participation in injecting, or  ordering   the   injection 
of, a horse for the purpose of administering a drug which  could  affect  the 
performance of the horse entered to race or for the purpose  of  blocking   a 
nerve.
  (q) The person's participation in any other activity   or   conduct   which 
reasonably threatens the health and safety of other  persons  on  association 
grounds or reasonably threatens or undermines  public   confidence   in   the 
integrity of racing or pari-mutuel wagering in the state.
  (2) In  all  cases  where  the  commissioner,   deputies,   or   authorized 
representatives of the commissioner order a person to   be   ejected,   ruled 
off, and excluded from association grounds, or any part  thereof,  a  written 
order of expulsion or ruling off shall be issued and served  on  the  person, 
giving such person notice of his or her  expulsion  and   ruling   off   from 
association grounds and the reason for such expulsion or ruling off.
  (3) Any person who is ordered to be ejected,  ruled   off,   and   excluded 
from  association  grounds  by  order  of  the   commissioner,   deputy,   or 
authorized representative of the commissioner shall,  upon  written  request, 
have the right to a hearing de novo before the commissioner  to  review   the 
order of expulsion or ruling off, unless such a hearing  has   already   been 
held before the commissioner under Act No. 306 of the Public Acts of 1969, as 
amended, being S24.201 et seq. of the Michigan  Compiled  Laws,  and  a final 
determination made by the commissioner before issuance of  the   order  under 
review. Upon such request, the commissioner shall schedule   a   date,  time, 
and place for the hearing to  be  held  within  14  days  and  shall promptly 
notify the person, who requested the  hearing  of  the  scheduled date, time, 
and place for the hearing. The hearing shall be held  pursuant to Act No. 306 
of the Public Acts of 1969, as amended,   being   S24.201   et  seq.  of  the 
Michigan Compiled Laws. The person shall remain ruled off  and excluded  from 
association grounds for a period of not more  than  90  days after receipt of 
a request  for  review  pending  the  hearing  and   final  determination  of 
the commissioner regarding  the  order  of  expulsion  or  ruling  off  under 
review.

  History:  1985 AACS.


R  431.1135   Hypodermic paraphernalia.
  Rule 1135. (1) A  person  on  the  grounds  of  a   racetrack   under   the 
jurisdiction of the commissioner or on  grounds  where   horses   which   are 
eligible to race at the racetrack are kept  shall  not  have   any   of   the 
following in his or her possession, in his  or  her   personal   effects   or 
vehicle, or in or upon premises he or she occupies or controls:
  (a) A hypodermic syringe.
  (b) Hypodermic needle.
  (c) Other hypodermic device.
  (d) A drug used for the injection or infusion of  another   drug   into   a 
horse.
  (2) The use or possession of hypodermic  paraphernalia   by   veterinarians 
licensed by  the  commissioner  is  not   prohibited.   However,   veterinary 
practices are subject to review by the commissioner.  A  veterinarian   shall 
not sell, give, or provide a hypodermic needle or syringe  or  any  substance 
for hypodermic administration to any licensee on the  grounds.   In   special 
circumstances or an emergency, a licensee requiring  medical  treatment  may, 
upon written request, be granted permission for the  temporary  possession of 
a hypodermic syringe or needle on the grounds.

  History:  1985 AACS.


R  431.1140   Electrical devices.
  Rule 1140. A person who is on the  grounds  of  a   racetrack   under   the 
jurisdiction of the commissioner or on  grounds  where   horses   which   are 
eligible to race at the racetrack are kept shall not have in   his   or   her 
possession, in his or her  personal  effects  or  vehicle,  or   in   or   on 
premises he or she occupies or controls, a battery, buzzer,  prod,  or  other 
appliance, either electrical or mechanical, other than  the  ordinary   whip, 
which is capable of affecting the speed or racing condition of a horse.

  History:  1985 AACS.


R  431.1145   Wagering by officials or employees.
  Rule 1145. (1) An official or employee who has a  direct  connection   with 
the running of a race shall not wager money or any other thing  of  value  on 
the result of a race, and shall not solicit a stake or   present   from   any 
person racing at the  meeting.  For  the  purpose  of   this   subrule,   the 
following persons are also included:
  (a) Assistant starters.
  (b) Jockeys' or drivers' room custodians.
  (c) Jockeys' or drivers' room employees.
  (d) Outriders and parade marshals.
  (e) Paddock employees.
  (f) Workout clockers.
  (2) The commissioner, his or her appointees,  and   employees   shall   not 
wager on a race conducted by an association licensed by the  commissioner.
  (3) An employee of an auditing firm present on behalf of the  state  or   a 
person employed by an association as steward,  mutuel   department   manager, 
mutuel  department  calculating  room    employee,    totalisator    computer 
programmer, or technician shall not wager on a race at the meeting.
  (4) A person who violates this rule shall  be   subject   to   disciplinary 
action.

  History:  1985 AACS.


R  431.1150   Ownership prohibition.
  Rule 1150. A person approved by the commissioner as  a   racing   official, 
employee of an official, or an  association   employee   directly   connected 
with the running of a race or the classification of horses   shall   not   be 
the owner or part owner of a horse racing at the  meeting   and   shall   not 
participate financially, directly or indirectly, in the purchase  or  sale of 
a horse racing at  such   meeting.   Association   employees   not   directly 
connected with the running of a race may be the owner or part  owner   of   a 
horse racing in a stake or futurity.

  History:  1985 AACS.


R  431.1155   Bookmaking prohibited.
  Rule 1155. Bookmaking or betting of any kind,  other   than   through   the 
pari-mutuel system, is prohibited.  A  person  engaged   in   bookmaking   or 
betting shall be subject to criminal charges. Any  owner,  trainer,   jockey, 
driver, or other licensed person who bets with or through   a   handbook   or 
wagers in any but the prescribed manner faces disciplinary   action   up   to 
and including license revocation and exclusion from all  tracks   under   the 
jurisdiction of the commissioner.

  History:  1985 AACS.


R  431.1160   Dissemination of information.
  Rule  1160.  An  association  employee  or  person    licensed    by    the 
commissioner shall  not  knowingly  permit  the   dissemination   of   racing 
information that might be of benefit to bookmakers or   others   engaged   in 
illegal betting activities. This does not prevent the  prompt  reporting   of 
racing news by accredited members of the press.

  History:  1985 AACS.


R  431.1165   Financial responsibility.
  Rule 1165. A licensee shall not wilfully and deliberately fail or refuse to 
pay any monies due and owing for any  services  or  supplies  connected  with 
his or her operations  as  a  licensee.  Presentation  of  a  legal  monetary 
judgment related to racing operations against a licensee   may   be   grounds 
for immediate suspension, license denial, or other disciplinary action.

  History:  1985 AACS.


R  431.1170   Deduction from winnings.
  Rule 1170. A percentage of winnings, except for jockey  mount  fees,  shall 
not be deducted by an association or  horsemen's   bookkeeper   unless   such 
deduction is at the request of  the  person  to  whom   such   winnings   are 
payable and except that an association  may  withhold   from   winnings   any 
arrears due.

  History:  1985 AACS.


R  431.1175   Prohibited acts; breathalyzer and drug testing.
  Rule 1175. (1) Smoking under the shedrow of any barn is prohibited.
  (2) Possession of or uses of controlled substances or concealed  weapons in 
the stable area of any racetrack is prohibited.
  (3) A person who smokes  under  a  shedrow,  who  is   in   possession   of 
controlled substances or concealed weapons, or who is under the  influence of 
intoxicating liquor or any drug is subject to disciplinary action.
  (4) The personal  use  by  licensees  of  any   controlled   substance   or 
excessive amount of medicant, stimulant, depressant, narcotic, or hypnotic is 
prohibited.
  (5)  Drivers,  jockeys,  stewards,  judges,  starters,   drivers   of   the 
starting gate, and outriders shall be required to submit  to  a  breathalyzer 
test when requested by the racing commissioner. In the case  of  drivers  and 
jockeys, if the results of such test show a reading of more  than   .05%   of 
alcohol in the blood, such driver or jockey  shall  not   be   permitted   to 
drive or ride and shall be subject to disciplinary action. If the  results of 
a breathalyzer test show more than .05%  of  alcohol   in   the   blood,   an 
individual shall be relieved of his or her duties and  such  further   action 
shall be taken as the stewards deem necessary. A person  registering  .05% or 
more on the breathalyzer may  have   independent   urine   or   blood   tests 
taken, at his or her own cost. Drivers and jockeys  shall   be   subject   to 
testing for drug use as required by the commissioner.

  History:  1985 AACS.


R  431.1180   Disqualification from racing.
  Rule 1180.  A  person  whose  license  has  been  revoked   or   has   been 
suspended, whether temporarily for investigation or otherwise, and so long as 
his or her exclusion or  suspension  continues,  shall  not   be   qualified, 
whether acting as an agent or otherwise, to subscribe, or to  enter  or   run 
any horse, for any race either in his or her own name or in   the   name   of 
any other person.

  History:  1985 AACS.


R  431.1185   Licensure denial by other jurisdiction.
  Rule 1185. The denial of a license  by  any   other   racing   jurisdiction 
shall be considered as a  basis  for  the  denial  of  a   license   by   the 
commissioner.

  History:  1985 AACS.


R  431.1190   Reinstatement.
  Rule 1190. When a license is revoked by the commissioner  or  other  racing 
jurisdiction, the former holder of such license   remains   disqualified   in 
the state of Michigan until  his  or  her  license  is   restored   in   good 
standing by the commissioner.

  History:  1985 AACS.


R  431.1195   Conduct of racing.
  Rule 1195. (1) An owner, trainer, driver, jockey, attendant of a  horse, or 
any other  licensed  person   or   association   employee   shall   not   use 
disrespectful language when addressing, or be guilty  of  any   disrespectful 
conduct toward, an official, judge, or person serving under an  official's or 
judge's orders, such disrespectful language or conduct  having  reference  to 
the administration of the course or of any race thereon.
  (2) An owner, trainer, driver, jockey, attendant  of  a   horse,   or   any 
other licensed person, at any time or place, shall not commit  an  assault or 
an assault and battery upon any person,  shall  not  threaten  to  do  bodily 
injury to any person.

  History:  1985 AACS.


R  431.1200   Disqualification of horses; forfeiture of money and  prizes.
  Rule 1200. (1) When a person is expelled or ruled off,  every  horse  owned 
wholly or partly by him or her shall also be disqualified to race so  long as 
the sentence continues. If an  entry  is  received  from   any   disqualified 
person or for any disqualified horse, that entry shall  be   void   and   the 
money paid for such entry, if any, shall be refunded. Any  money   or   prize 
won by such entry shall be forfeited by the disqualified party.
  (2) A horse or stable entry which is ordered refused  at   any   recognized 
meeting because of  inconsistent  racing  or  other  cause   shall   not   be 
permitted  to  race  at  a  racetrack  under  the   jurisdiction    of    the 
commissioner during the continuance of such ruling.
  (3) When a person is ruled off for any fraudulent practice  in  relation to 
a particular horse owned wholly or partly by him  or  her,  he  or  she shall 
forfeit all money and prizes which such horse has fraudulently  won.

  History:  1985 AACS.


R  431.1205   Objections, protests, and complaints.
  Rule 1205. (1) Objections or protests against a horse,  jockey,  or  driver 
participating in a race shall be received only when  duly   lodged   by   the 
owner, authorized agent of the owner, the trainer, or the jockey or driver of 
another horse engaged in the same  race  whose  horse   suffered   or   could 
suffer because of an alleged rules violation. An objection  or  protest  also 
may be made by a racing official.
  (2) Objections to alleged interference or  fouls   occurring   during   the 
running of the race shall be lodged orally with the  clerk   of   scales   or 
patrol judge before dismounting,  shall  be  relayed   immediately   to   the 
stewards, and shall then be  lodged  directly  with   the   stewards.   Other 
complaints shall be  made  in  writing  and  bear  the   signature   of   the 
complainant. Complaints involving racing  matters  lodged   during   a   race 
meeting shall be addressed to the stewards. Complaints   lodged   after   the 
termination of a race meeting shall be addressed to the commissioner.
  (3)  A  person  making  an  objection  determined  by   the   stewards   or 
commissioner to be unreasonable, unwarranted, or frivolous may be  subject to 
a fine in an amount  offsetting  expenses   incurred   in   determining   the 
objection.

  History:  1985 AACS.


R  431.1210   Protests, objections, or complaints; time.
  Rule 1210. Protests, objections, or complaints based   on   the   following 
rule violations shall be lodged by  persons  aggrieved   within   the   times 
prescribed:
  (a) At least 1 hour  before  post  time  if  the  protest   is   based   on 
incorrect weight allowance claimed for a horse entered to race.
  (b) Before the race has been posted as  official  if   the   objection   is 
based on interference by a horse, improper course covered by  a  horse,  foul 
riding or driving, or any other matter occurring during  or   incidental   to 
the running of a race.
  (c) Not later than 1 year after the race was run  if   the   complaint   is 
based on fraudulent or wilful misstatement in entry under   which   a   horse 
has run or any other rule violation.
  (d) Owners, authorized agents of owners, trainers,  jockeys,  and   drivers 
who make unreasonable, unwarranted, or frivolous  complaints,  objections, or 
protests may be subject to disciplinary action.

  History:  1985 AACS.


R  431.1215   Disputed races.
  Rule 1215. If, after a race has been declared official, the  result  of   a 
race is placed  in  dispute  by  the  lodging  of   a   protest,   objection, 
complaint, or appeal or by discovery of an alleged violation of  the  act  or 
rules, all of the following provisions apply, pending  determination  of  the 
disputed race:
  (a) When, in addition to the lodging of a protest, objection, complaint, or 
appeal or the discovery of an alleged violation, a positive  laboratory  test 
is reported, the stewards shall order that money from a disputed race be held 
by the association. The purse money being held  shall  be   deposited  in  an 
escrow account established for that purpose. The proceeds, including interest 
accrued, shall be withdrawn  and  distributed  according  to  the  ruling  of 
the stewards or by the final order of the racing commissioner in a  contested 
case, once the period of judicial review has lapsed.  However, any portion of 
the purse money or other reward, the distribution  of   which  would  not  be 
affected by the determination of such  dispute  or  contested case,  may  be  
distributed  at  the  discretion  of   the   stewards   or commissioner.
  (b) If purse monies or other rewards have been  awarded   to   a   licensee 
before the lodging of a protest, objection, or complaint or the  discovery of 
an alleged violation of the act or rules which places the outcome of  a  race 
in dispute, such monies or reward shall be   returned   immediately   to  the 
association on orders of the stewards.
  (c) The horse which crosses the finish line first and   any   other   horse 
for which the race is authoritatively claimed  shall  be   liable   for   all 
penalties attaching to the winner of that race until the  matter  is  finally 
adjudicated.

  History:  1985 AACS.


R  431.1220   Determination of dispute.
  Rule 1220. (1) The stewards shall make a determination  on  all   protests, 
objections, complaints, or alleged violations of the act or  rules  lodged or 
discovered after a race has been  declared  official  and   shall   issue   a 
ruling thereon. If the stewards find that the act or   rule   was   violated, 
the stewards may take disciplinary  action   against   persons   responsible, 
disqualify any horses in the disputed race, and award the  purse  money   and 
other rewards in accordance with the determined order of   finish   in   such 
disputed race.
  (2) If a horse is disqualified after a race has  been   declared   official 
and the disqualification causes a revision of the order  of   finish   of   a 
race, the pari-mutuel payoff shall not be affected.
  (3) Every  objection,  complaint,  protest,  or  allegation   of   a   rule 
violation shall be determined by  the  stewards,  but  an   appeal   may   be 
directed to the commissioner.

  History:  1985 AACS.


R  431.1225   Stewards' hearings.
  Rule 1225. (1) The stewards' hearings may be closed,   and   the   stewards 
shall cause no public announcement to be made concerning   a   matter   under 
investigation until conclusion of the hearing.
  (2) If at the conclusion of a hearing the stewards find that the act  or  a 
rule has been violated, they shall promptly  issue  a   ruling   which   sets 
forth all of the following information:
  (a) The full name of every person charged with a violation of the act or  a 
rule.
  (b)  Identification  of   such   persons,   if    licensed    by    license 
classification.
  (c) The rule number and pertinent parts of the act or rule violated.
  (d) The finding by the stewards as to the violation of the act or  rule.
  (e) The statement of disciplinary action.

  History:  1985 AACS.


R  431.1230   Fines; suspensions.
  Rule 1230. (1) A fine imposed by the stewards or  commissioner  is  payable 
within 5 calendar days of proper notice to the licensee  fined.  A   licensee 
who fails to pay such fine within 5 calendar days of proper  notice,   if   a 
written appeal has not been filed and a  stay  of  penalty   has   not   been 
granted, shall be suspended and remain suspended until the fine  is  paid.
  (2) Unless fraud has been committed, all jockeys  and  drivers  temporarily 
suspended  shall  be  permitted,  for  2  days   following   such   temporary 
suspension, to fulfill all engagements made before the suspension.
  (3) A licensee who is suspended in any recognized  racing  jurisdiction  is 
suspended from participation in  Michigan  for  as  long  as   his   or   her 
sentence continues, unless otherwise modified by the commissioner.

  History:  1985 AACS.


R  431.1235   Appeals; stays.
  Rule 1235. (1) A person aggrieved by any ruling, action,  or  decision   of 
the stewards, or by any disciplinary action or administrative action taken by 
 the  stewards,  may  have  a   review   of   the   decision    before    the 
commissioner.
  (2) A licensee may apply to the commissioner for a  stay  of   disciplinary 
action imposed by the stewards pending disposition of such  appeal   by   the 
commissioner.
  (3) All appeals shall be filed, in writing, with the commissioner within 10 
days of proper notice of the penalty or imposition of  the  discipline.

  History:  1985 AACS.


R  431.1240   Final decisions and orders.
  Rule 1240. A final decision or order of the commissioner  shall  be   made, 
within a reasonable period, in writing or stated in the  record,  and   shall 
include findings of fact and conclusions of law. A decision  or  order  shall 
not be made except upon consideration of the record as  a   whole   or   such 
portion thereof as may be cited by any party to  the   proceedings   and   as 
supported  by  and  in  accordance  with  the   competent,   material,    and 
substantial evidence. A copy of the decision or order shall  be  delivered or 
mailed to each party and to his or her attorney of record, if any.

  History:  1985 AACS.


R 431.1245   Declaratory order or ruling.
  Rule 1245. (1)  Pursuant to section 63 of 1969 PA  306,   MCL  24.263,  any 
person may request a declaratory ruling as to the applicability to an  actual 
state of facts of a statute,  rule,  or  order  administered  by  the  racing 
commissioner.
  (2)  A request for a declaratory ruling shall be submitted  in  writing  to 
the Racing Commissioner, Michigan  Office  of  Racing  Commissioner,  PO  Box 
30773, Lansing,  MI  48909-8273  and  shall  contain  all  of  the  following 
information:
  (a)  Specific reference to the statute, rule, or order in question.
  (b)  A complete account of the facts which actually  exist  for  which  the 
declaratory ruling is sought.
  (c)  Contact information and the signature of the requestor.
  (3)  Within 45 business days  after  receiving  a  submitted  request,  the 
commissioner shall notify any person of record as to whether the  declaratory 
ruling will be issued or denied.
  (4)  The request may be declined for any of the following reasons:
  (a)  The subject matter of the request is frivolous on its face.
  (b)  The statement of actual facts or issues  contained  in  a  request  is 
indefinite, incomplete, or lacks specificity.
  (c)  The same, or substantially similar, actual state of facts or issue  of 
law is under investigation or  is  subject  to  any  litigation,  pending  or 
resolved.  
  (5)  Denials shall include the facts upon which the denial has been made.
  (6)  A declaratory ruling shall include a statement or  findings  of  fact, 
conclusions of law supported by legal authority or reasoned opinion, and  the 
ruling or determination made.
  (7)  Once issued, a ruling is binding on the office of racing  commissioner 
and shall not retroactively be  changed,  but  nothing  in  this  rule  shall 
prohibit the commissioner from prospectively changing a ruling.
  (8)  Upon a written request to the  commissioner,  a  person  may  inspect, 
copy, or receive a copy of a declaratory ruling.

  History:  1985 AACS; 2009 MR 9, Eff. May 18, 2009.


R  431.1250   Stewards; duties; approval; majority vote.
  Rule 1250. (1) The stewards shall supervise and regulate  the  conduct   of 
racing at each licensed race meeting.
  (2) A steward nominated by the association conducting a  race  meeting   is 
subject to the approval of the commissioner.
  (3) All questions to be decided by the stewards shall  be   determined   by 
majority vote. A dissenting steward may submit a minority report.
  (4) The name of an association's nominee for steward  shall  be   submitted 
for approval not less than 30 days before the scheduled start  of  the   race 
meeting. A steward shall not serve unless approved  by  the  commissioner.
Disapproval shall be for cause.

  History:  1985 AACS.


R  431.1255   Stewards; qualifications.
  Rule 1255. Before being appointed or approved  by   the   commissioner   to 
serve in the capacity of steward, an applicant shall have  been  employed  as 
any of the following at a recognized meet or meetings for a  period  of   not 
less than 60 racing days a year, during not less than 3 of  the  5  preceding 
calendar years:
  (a) Steward.
  (b) Assistant or associate steward.
  (c) Racing secretary.
  (d) Assistant racing secretary.
  (e) Starter.
  (f) Placing judge.
  (g) Patrol judge.
  (h) Paddock judge.
  (i) Clerk of scales.
However, if no acceptable  applicant  possesses   these   qualifications,   a 
person approved or appointed shall have  had  prior   experience   in   horse 
racing, such as an owner,  trainer,  jockey,  or  driver,   or   such   other 
related experience as the commissioner deems pertinent.

  History:  1985 AACS.


R  431.1260   Authority of stewards.
  Rule 1260. Stewards are authorized to do all of the following:
  (a) Make all findings of fact as to all  matters   occurring   during   and 
incident to the running of a race; determine all  objections  and   inquiries 
based on the interference by a horse, improper course covered  by  a   horse, 
foul riding by a jockey, foul driving by a driver, and  all   other   matters 
occurring during and incident to the running of a race;  and  determine   the 
extent of disqualification, if any,  of  horses  in  a  race   for   a   foul 
committed during such race. Such findings of fact and determinations shall be 
final, but subject to appeal. In  the  performance  of  their  duties,   have 
unrestricted access to all areas used and under the  jurisdiction  of   other 
racing officials and to all  areas  used  by   occupational   licensees   for 
racing purposes.
  (b) Determine all protests, complaints,  or   objections   concerning   the 
conduct of racing which arise during a race meeting and   to   enforce   such 
determinations.
  (c) Fine, suspend, or rule off a participant in racing, or order ejected or 
excluded from association grounds any person, licensed  or  unlicensed,  upon 
a reasonable belief that a violation of these rules has occurred.
  (d) Fine, suspend, or rule off a participant in  racing   who,   in   their 
opinion, has acted to the  detriment  of  racing,  and   order   ejected   or 
excluded from association grounds any other disorderly person.
  (e) Interpret  and  enforce  the  rules  of  racing   and   determine   all 
questions pertaining to a racing matter not specifically  covered  by   these 
rules in conformity with justice and the best interest of racing,  subject to 
the authority and orders of the commissioner.
  (f) Issue decisions or rulings pertaining to the conduct  of  racing  which 
shall supersede orders of the officers, directors,  and   officials   of   an 
association and which  shall,  if  the  stewards  deem   proper,   vary   any 
arrangement  for  the  conduct  of  a  race   meeting,   including    without 
limitation, postponing a race, cancelling a race, or ruling a race run  as no 
contest.
  (g) Request and receive assistance in the investigation  of  possible  rule 
infractions from all of the following:
  (i) Employees of the commissioner.
  (ii) Racing officials.
  (iii) Track security forces.
  (iv) State and local police.
  (v) Investigators representing trade groups to   which   associations   may 
belong.
  (h) Conduct hearings on all questions, disputes,  protests,  complaints, or 
objections concerning racing matters.
  (i) Exclude  from  any  race  a  horse  which   is   improperly   equipped, 
dangerous, unmanageable, unfit to race, liable to cause accident or injury to 
another horse or a jockey or driver   in   a   race,   or   of   questionable 
identity.
  (j) Order, at any time, an examination, by such persons  as  the   stewards 
deem appropriate, of any horse on the grounds or eligible to  race   at   the 
meeting;  order  the  examination  of   ownership    papers,    certificates, 
documents of eligibility, contracts, or leases pertaining  to   such   horse; 
and require an affidavit of ownership or interest in any horse.
  (k) Refuse, for good cause, the entry to any race of any  horse  which   is 
ineligible to race and order any horse removed from the grounds.
  (l) Order redistribution of  race  purses  when  the   stewards   deem   it 
appropriate.

  History:  1985 AACS.


R  431.1265   Referral to commissioner.
  Rule 1265. The stewards may refer any matter within  their   authority   to 
the commissioner, summarily and without hearing, when, in  their  opinion,  a 
hearing cannot be held under the conditions or in the  manner  prescribed  in 
these rules, when a hearing is impractical due to the   conclusion   of   the 
meeting, or for other good and sufficient cause.

  History:  1985 AACS.


R  431.1270   Detention area and holding barn.
  Rule 1270. An association shall provide and maintain on  its   grounds   an 
enclosure sufficient in size and with sufficient  facilities  to  accommodate 
the stabling of horses temporarily  detained  for  the   taking   of   sample 
specimens for chemical testing.

  History:  1985 AACS.


R  431.1275   Taking of specimens.
  Rule 1275. (1) The stewards or state  veterinarian  may,   at   any   time, 
order the taking of blood, urine, or other specimen from  any   horse   under 
their jurisdiction, pre-race or post race.  In   all   instances,   specimens 
shall be taken from horses finishing first in a race and any  other  horse or 
horses designated by the stewards.
  (2) The stewards or state veterinarian,  at  any  time,   may   order   the 
taking of blood, urine, or other specimen from any  horses   entered   in   a 
qualifying race.

  History:  1985 AACS.


R  431.1280   Specimen collection procedure.
  Rule 1280. (1) Horses from which specimens are  to  be   drawn   shall   be 
escorted to the detention area by such assistants   as   the   commissioner's 
veterinarian may require and remain there until released.  A   person   other 
than the licensed owner, trainer, driver, or attendant of   a   horse   shall 
not be admitted into the detention area. The horse's attendant shall  sign in 
and out of the detention area.
  (2) Stable equipment, other than that necessary for  washing  and   cooling 
out a horse, is prohibited in the detention area.  A  licensed   veterinarian 
may attend a horse in the detention area  only  in  the   presence   of   the 
commissioner's veterinarian.
  (3) During the taking of specimens from a horse,  the  owner,   responsible 
trainer, or licensed representative designated by such   owner   or   trainer 
shall be present and witness the taking of such specimen and  so  signify  in 
writing. In the case of a claimed horse, the owner, trainer,  or  a  licensed 
representative in whose name the horse started shall be present.
  (4) All containers previously used for  specimens   shall   be   thoroughly 
cleaned in  the  designated  laboratory  and  shall  be   sealed   with   the 
laboratory stamp. The laboratory stamp shall not be broken  except   in   the 
presence of the person witnessing the specimen collection.
  (5) Specimens taken from a horse shall be  placed  in   a   container   and 
sealed with an identification tag affixed. One portion of such tag bearing  a 
printed identification number shall remain with  the  sealed  container,  and 
the other portion of such tag bearing the same printed  identification number 
 shall   be   detached   in   the   presence    of    the    witness.     The 
commissioner's  veterinarian  or  his  or  her  assistant   shall,   on   the 
identification tag, identify the horse from which such  specimen  was  taken, 
and shall note the race and day and any other information. The  tag  shall be 
verified by the person  witnessing   the   specimen   collection,   and   the 
detached portion of the identification  tag  shall  be   delivered   to   the 
commissioner's office. Every precaution shall be taken to   ensure   that   a 
member of the laboratory staff does not know the  identity   of   the   horse 
from which a specimen was taken before the completion of  all   testing   and 
reporting thereon.
  (6) A horse's identity shall be confirmed  by  tattoo   number.   A   horse 
which has not been tattooed shall be reported immediately to the stewards.
  (7) If, after a horse remains a reasonable time in the  detention  area,  a 
specimen cannot be taken from such horse,  the  commissioner's   veterinarian 
may permit such horse to be returned to its barn   and   usual   surroundings 
for the taking of a specimen under the supervision  of   the   commissioner's 
veterinarian or his or her designee. A diuretic   to   facilitate   urination 
shall not be administered, but an alternate specimen may be taken.
  (8) The commissioner's veterinarian shall be responsible  for  the   proper 
storage of samples and the delivery  of  the  samples   to   the   designated 
laboratory.
  (9) An owner, trainer, assistant trainer, groom,   stable   attendant,   or 
other licensed person who interferes with, or uses   abusive   or   insulting 
language when addressing, the state veterinarian or his  or  her   assistants 
appointed by the commissioner while in the discharge of   their   duties   is 
subject to disciplinary action.

  History:  1985 AACS.


R  431.1285   Specimen testing procedures; permission  for  distribution   of 
purse.
  Rule 1285. (1) The supervising  chemist  of   the   designated   laboratory 
shall be responsible for safeguarding and testing  specimens   delivered   to 
his or her laboratory.
  (2) The designated laboratory shall submit to the stewards, with a  copy to 
the commissioner, a written report  as  to   each   specimen   tested   which 
indicates, by specimen tag identification number,   whether   such   specimen 
tested negative, suspicious, or positive for prohibited  drugs,   and   other 
such information the commissioner may require.
  (3) If the designated laboratory  finds  a  specimen   suspicious   for   a 
prohibited drug, the supervising chemist may request  additional   time   for 
test analysis and confirmation.
  (4) An association shall not make distribution of any  purse  until   given 
permission by the stewards or commissioner.

  History:  1985 AACS.


R  431.1290   Laboratory reports.
  Rule 1290. (1)  In  reporting  a  finding  of  a   drug,   the   designated 
laboratory  shall  submit,  upon  request,  evidence   acceptable   in    the 
scientific community and admissible in court in support of  such  finding.
  (2) The designated laboratory shall submit,  upon   request,   supplemental 
reports on suspicious findings.
  (3) When the report of finding of a drug is received   by   the   stewards, 
they shall call for whatever investigatory assistance they deem necessary.
Results of this investigation shall be  presented  to   the   stewards.   The 
stable shall remain in good standing pending the outcome of  a  hearing   and 
until a ruling has been made, except that  a  horse   identified   with   the 
report shall not be permitted to  compete  during   the   investigation   and 
hearing. The stewards may take disciplinary action against  the  trainer  and 
other licensees involved in the matter. The purse from  the   race   may   be 
redistributed by order of the stewards. A horse shall not  be   immune   from 
resulting disciplinary action.

  History:  1985 AACS.


R  431.1295   Trainers; responsibilities; positive test presumptions.
  Rule 1295. (1) A trainer shall be  responsible  at  all   times   for   the 
condition of all horses trained by him or her. A trainer shall  not  start  a 
horse or permit a horse in his or her custody,  care,  or   control   to   be 
started if he or she knows, or, through the exercise  of   reasonable   care, 
might have known, or has cause to believe, that the horse  has   received   a 
drug that could result in a finding of a drug. Every  trainer  shall   assure 
that each horse trained by him or her is protected so as   to   prevent   any 
horse from receiving a prohibited drug.
  (2) When a finding of  a  drug  is  reported,  the   following   shall   be 
presumed concerning the horse from which the sample was taken:
  (a) If the horse raced, that the drug was present in   the   horse   during 
its race; or if the horse was scratched, that the  drug   would   have   been 
present in the horse at the time of the race from which scratched.
  (b) The drug was administered at  such  time   that   the   pharmacological 
effect of the drug remained present in the horse.
  (c) The drug was administered by a person or persons   who   had   control, 
care, or custody of the horse.

  History:  1985 AACS.


R  431.1301   Medications and drugs.
  Rule 1301. (1) It is the intent of these rules to protect the  integrity of 
horse racing, to guard the health of  the  horse,  and   to   safeguard   the 
interest of the public and the racing participants through the prohibition or 
control of all drugs,  medications,  substances  foreign   to   the   natural 
horse, or naturally occurring substances at unnaturally high levels.
  (2) A drug or  foreign  substance,  as  defined  by  the   act,   that   is 
classified  as  or  acts   as   a    stimulant,    depressant,    anesthetic, 
tranquilizer, painkiller, or narcotic to a horse shall not be administered to 
a horse that is intended to be entered, is entered,  or  participates,  in  a 
race with wagering by pari-mutuel methods or  any  nonbetting  race  that  is 
conducted at a licensed race meeting in the state.  For   the   purposes   of 
this rule, a horse that is intended to be entered is a horse  that  has   its 
name put into the draw for a specific race. A horse that is  entered   in   a 
race is a horse that has been drawn into a specific race.
  (3) A drug or foreign substance, as defined by  the  act,   that   is   not 
classified as or does not act  as  a   stimulant,   depressant,   anesthetic, 
tranquilizer, painkiller, or narcotic to a horse may be  administered  to   a 
horse that is intended to be entered, is entered, or   participates,   in   a 
race with wagering by pari-mutuel methods or any nonbetting  race   that   is 
conducted at a licensed race meeting in the state only  when  authorized   by 
the rules of the commissioner for use in the  care  or   treatment   of   the 
horse.
  (4) Phenylbutazone is authorized for administration to a  horse   that   is 
intended to be entered, is  entered,  or  participates,  in   a   race   with 
wagering by pari-mutuel methods or any nonbetting race that  is  conducted at 
a licensed race meeting in the state if all of the following  conditions  are 
met:
  (a) Before  administration,  a  veterinarian  who  is   licensed   by   the 
commissioner shall have prescribed the use of phenylbutazone for the  cure or 
treatment of an existing illness, disease, or condition in  the  horse.
  (b)  The  phenylbutazone  shall  be  administered  to  the   horse   by   a 
veterinarian who is licensed  by  the  commissioner   or,   if   administered 
orally, by the trainer of the horse who is acting under  the   direction   of 
the veterinarian.
  (c) Blood samples that  are  obtained  for  testing   shall   not   contain 
concentrations  of  phenylbutazone  or  oxyphenbutazone  of   more   than   5 
micrograms per milliliter of serum or plasma. Serum or  plasma  samples  that 
contain concentrations  of  more  than  5  micrograms   per   milliliter   of 
phenylbutazone or oxyphenbutazone violate  these  rules   and   subject   the 
trainer to disciplinary action by the commissioner.
  (d) Phenylbutazone shall not be administered to a 2-year-old horse  that is 
intended to be entered, is entered, or  participates,  in   a   race   at   a 
licensed race meeting in the state.
  (5) Lasix (furosemide) is authorized for administration to a horse  that is 
intended to be entered, is entered,  or  participates,   in   a   race   with 
wagering by pari-mutuel methods or any nonbetting race that  is  conducted at 
a licensed race meeting in the state if all of the following  conditions  are 
met:
  (a) Before administration,  a  horse  shall  have   been   determined   and 
certified to be a bleeder, as defined by the provisions of  R 431.1001(f).
The determination and certification of a horse as a bleeder  shall  be  based 
upon a gross or endoscopic examination that is conducted  by  a  veterinarian 
who is employed or licensed by the commissioner or a  veterinarian   who   is 
employed or licensed by the governmental regulatory  agency   or   commission 
that regulates pari-mutuel horse racing in another state  or  other   foreign 
racing jurisdiction.
  (b) If a veterinarian who is employed or licensed   by   the   commissioner 
determines that a horse  is  a  bleeder  pursuant  to  the  provisions  of  R 
431.1001(f), he or she shall issue a certification of bleeder  form  for  the 
horse in the manner  and   form   prescribed   by   the   commissioner.   The 
stewards  shall  place  the  horse's  name  on  the   bleeder    list    upon 
presentation of the horse's bleeder  certification  form   by   the   horse's 
trainer. The horse's trainer shall ensure that the horse's  foal  papers  and 
eligibility papers designate that the horse is a  certified  bleeder.   While 
the horse is on the bleeder list, the horse's trainer  shall   designate   in 
all entries that the horse will race on lasix (furosemide).
  (c) If a horse has been determined to be a bleeder by a veterinarian who is 
employed or licensed by another racing jurisdiction, then the  stewards shall 
place the horse's name on the bleeder list and authorize  the  horse to  race 
in Michigan on lasix (furosemide)  upon  the  presentation  of  any   of  the 
following by the horse's trainer:
  (i) Written certification from  another  racing   jurisdiction   that   the 
horse is a bleeder.
  (ii) Written verification on the  horse's  foal   papers   or   eligibility 
papers that the horse is a bleeder.
  (iii) Publication in official charts or past performance  lines   for   the 
horse that identifies the horse as a confirmed bleeder.
  (d) If a horse has been determined to be a bleeder, it  shall   remain   on 
the bleeder list and shall thereafter be  administered   lasix   (furosemide) 
before racing regardless of change of owner or trainer for as  long  as   the 
horse remains on the bleeder list. A horse may be removed  from  the  bleeder 
list only by the stewards for good cause upon the  written  recommendation of 
a veterinarian who is employed or licensed by the commissioner.
  (e) A horse which is determined to be a bleeder and which  is   placed   on 
the bleeder list shall be administered lasix (furosemide) not  less  than   3 
hours before the scheduled post time within the  restricted   area   of   the 
racetrack for each race in which the horse is entered.
  (f) The administered dose of lasix (furosemide) shall not  be   more   than 
.25 milligrams per pound and shall be administered by  intramuscular  (im) or 
intravenous (iv) injection.
  (g) The lasix (furosemide) shall be administered by a  veterinarian  who is 
licensed by the commissioner.
  (h) Each  time  lasix  (furosemide)  is  administered   pursuant   to   the 
provisions of this rule,  the  attending  veterinarian   shall   verify   the 
administration on  a  form  prescribed  by  the   commissioner   before   the 
scheduled post time of the race in which the horse is entered.
  (i) Lasix (furosemide) shall not be administered to  a   2-year-old   horse 
that is intended to be entered, is entered, or participates, in a race  at  a 
licensed race meeting in the state.
  (6) Leg paints and liniments may be administered externally to  a  horse by 
topical application if they do not contain ethyl aminobenzoate  or  any caine 
derivatives and if they can be applied topically without penetrating the skin.
  (7) A drug or foreign substance, as defined by the  act,   shall   not   be 
present or carried in a horse that is entered or participates  in  any   race 
conducted at a licensed race meeting in the  state,  unless   the   drug   or 
foreign substance has been specifically authorized by  the  commissioner  for 
use in the cure or treatment of an existing illness, disease, or condition in 
the horse pursuant to the provisions of subrules (4), (5), and  (6)  of  this 
rule.
  (8) A finding by the commissioner's designated laboratory that  a  drug  or 
foreign substance, as defined by the act, is present in a  urine   or   blood 
sample that is obtained by authorized representatives  of  the   commissioner 
from a horse that is intended to be entered, is entered, or  participates, in 
a race at a licensed race meeting in  the  state   shall   be   prima   facie 
evidence that such drug or foreign substance was present   and   carried   in 
the body of the horse after the horse was entered in the race  and   at   the 
time the  urine  or  blood  sample  was  obtained  from   the   horse.   Such 
laboratory finding shall also constitute prima  facie   evidence   that   the 
trainer and his or her employees or agents who  are   responsible   for   the 
care  or  custody  of  the  horse  have  been    negligent    in    handling, 
safeguarding, and caring for the horse before, during, and  after  the   race 
before the test sample was obtained.
  (9) A veterinarian or any other person shall not have,  in   his   or   her 
possession, within any racetrack enclosure, any drug  or  foreign   substance 
that has not been approved by the food and drug  administration  pursuant  to 
the federal food, drug and cosmetic act of 1938,  as  amended,  21  U.S.C.
S301 et seq., and implementing federal regulations, 21 C.F.R.   Part   1   et 
seq.
  (10) A person,  other  than  a  veterinarian  who  is   licensed   by   the 
commissioner or a person with written permission from  the  commissioner,   a 
deputy commissioner, or state steward, shall  not  have,  in   his   or   her 
possession, on the grounds of a licensed race meeting, any  drug  or  foreign 
substance, as defined by  the  act,  that  is  classified  or   acts   as   a 
stimulant, depressant, anesthetic, tranquilizer, painkiller,  or  narcotic to 
a horse.
  (11) A person,  other  than  a  veterinarian  who  is   licensed   by   the 
commissioner or a person with written permission from  the  commissioner,   a 
deputy commissioner, or state steward, shall  not  have,  in   his   or   her 
possession, on the grounds of a  licensed  race   meeting,   any   hypodermic 
needle or syringe or other equipment for   hypodermic   administration;   any 
drug or foreign substance, as defined by the act, that can be administered by 
hypodermic or rectal administration; or any suppositories or   equipment  for 
rectal infusion.
  (12) Notwithstanding the provisions of subrules (10) and   (11)   of   this 
rule, a person may have, in his or her possession, on  the   grounds   of   a 
licensed race meeting, any drug or foreign substance, as   defined   by   the 
act, for administration to his or her own person, if   such   possession   is 
otherwise permitted under state or federal law. If state   or   federal   law 
prohibits the dispensing of  the  drug  or  foreign   substance   without   a 
prescription, then the person who is in possession of the  drug  or   foreign 
substance shall also have, in his or her  possession,  documentary   evidence 
that a valid prescription for the drug or foreign substance  was  issued   to 
him or her. If the drug or foreign substance is classified or   acts   as   a 
stimulant, depressant, anesthetic, tranquilizer,  painkiller,  or   narcotic, 
then the person shall not possess or use the drug or  foreign  substance   on 
his or her own person on the grounds of a licensed race meeting unless  he or 
she first obtains specific  written  permission  from  the  commissioner,   a 
deputy commissioner, or a state steward for such  possession   and   use   on 
racetrack grounds.
  (13) Notwithstanding the provisions of subrule  (11)  of   this   rule,   a 
person may possess, on the grounds of a licensed  race  meeting,   hypodermic 
needles and syringes and suppositories and equipment  for   rectal   infusion 
for the purpose of administering a prescribed drug or  foreign  substance  to 
himself or herself if he or she has first  notified   the   commissioner,   a 
deputy commissioner, or a state steward of his or her   possession   of   the 
hypodermic needles, syringes, suppositories, or  rectal  infusion   equipment 
and the drug or foreign substance to  be  administered   and   has   received 
specific written permission from the commissioner, deputy commissioner, or  a 
state steward to possess  and   use   the   hypodermic   needles,   syringes, 
suppositories, or rectal  infusion  equipment  and  the   drug   or   foreign 
substance on himself or herself while on racetrack grounds.
  (14) A veterinarian who is  licensed  by  the   racing   commissioner   may 
possess, on the grounds of a licensed race meeting, any  equipment  and   any 
drugs or foreign substances, as defined by the act,  which   are   recognized 
and accepted in veterinary medicine for use in  the   veterinary   care   and 
treatment of horses and which are not otherwise prohibited  under  state   or 
federal law.
  (15) When imposing penalties for a violation of the  provisions   of   this 
rule, the commissioner,  deputy  commissioners,  and   the   stewards   shall 
consider all relevant factors, including all of the following:
  (a) The nature of the unauthorized drug or  foreign   substance   or   drug 
paraphernalia that is involved and its effect or  potential   effect   on   a 
horse's racing performance or the outcome of the race.
  (b) The purpose or reason for the violator's possession or   use   of   the 
unauthorized drug, foreign substance, or drug paraphernalia.
  (c) The availability of the drug, that is, can it be  purchased  over   the 
counter, only with a prescription, only  with  a   license   for   controlled 
substances, or legally purchased and possessed in this country.
  (d) The age and experience of the violator.
  (e) Whether the violator has a past record of  drug-related  violations  in 
this or any other jurisdiction.
  (f) What action, if any, was taken by the violator of the  rules  to  avoid 
such violation.
  (g) The average handle at the race meeting where  the  violation   occurred 
and the purse in the questioned race.
  (h) The past performance lines of the horse in question  in   relation   to 
its performance and reasonably  expected  performance   in   the   questioned 
race. The stewards  shall  not  be  required  to  articulate   any   of   the 
foregoing in their ruling nor shall ignorance of the  rules   be   deemed   a 
mitigating factor.

  History:  1985 AACS.


R  431.1325   Bleeders.
  Rule 1325. (1) A horse that is examined and determined to be a  bleeder, as 
that term is defined by R 431.1001(f), shall be placed on the stewards'  list 
for not less than 14 days and shall not be permitted   to   race   until  the 
horse is examined by a veterinarian  who  is  employed  or  licensed  by  the 
commissioner and is released from  the  stewards'  list   by   the   stewards 
pursuant  to,  and  in  accordance  with,   the   examining    veterinarian's 
recommendation  and  approval.  The  stewards'  list  shall   be   kept   and 
maintained by the stewards and the veterinarians who are  employed   by   the 
commissioner.
  (2) A horse that is observed and determined to have bled  from  within  the 
respiratory tract for a second time in a 12-month time period shall  again be 
placed on the stewards' list and shall not be eligible   to   participate  in 
racing for a minimum of 30 days.
  (3) A horse that is observed and determined to have bled  from  within  the 
respiratory tract for a third time in a 12-month time period  shall  again be 
placed on the stewards' list and shall not be eligible   to   participate  in 
racing for a minimum of 180 days.
  (4) A horse that is observed and determined to have bled  from  within  the 
respiratory tract for a fourth time in a 12-month time period shall  again be 
placed on the stewards' list and shall not be eligible   to   participate  in 
racing for a minimum of 365 days.
  (5) After the expiration of the  minimum  period   of   ineligibility   set 
forth in subrules (2), (3), and (4) of this rule, the  subject  horse   shall 
not start again until examined  by  the   commissioner's   veterinarian   and 
released from the stewards' list by  the  stewards  pursuant   to,   and   in 
accordance with, the recommendation and  approval   of   the   commissioner's 
veterinarian.
  (6) The stewards' list for the race  meeting  shall  be   posted   in   the 
racing secretary's office, the commissioner's office,   and   the   steward's 
office at each race meeting.

  History:  1985 AACS.


R  431.1330   Nullification of records.
  Rule 1330. If a horse establishes a record in a race  and  later   chemical 
analysis of the sample taken indicates the presence of a  drug  which   could 
affect the racing conditions or performance of a  horse  in   a   race,   the 
record shall be null and void.

  History:  1985 AACS.


R  431.1335   Destruction of injured horse; euthanasia permitted.
  Rule 1335. Upon a determination of the commissioner's veterinarian  that  a 
horse injured in a workout or a race is injured  to  the  extent   that   the 
horse must be  destroyed,  the  commissioner's   veterinarian   may   perform 
humane euthanasia after receiving written permission from the  trainer  on  a 
form prescribed by the commissioner.

  History:  1985 AACS.


R  431.1340   Postmortem of horses.
  Rule 1340. A horse that dies on the grounds shall not  be  removed   before 
notification of the commissioner's veterinarian and  before   permission   is 
obtained.  At  the  discretion  of  the   commissioner's   veterinarian,    a 
postmortem may be required. The cost of the postmortem shall   be   paid   by 
the owner, including the cost of transportation and examination.

  History:  1985 AACS.


R  431.1999   Rescission.
  Rule 1999. R 431.1 to R 431.98z of  the   Michigan   Administrative   Code, 
appearing on pages 4325 to 4436 of the 1979  Michigan  Administrative   Code, 
are rescinded insofar as they apply to mutuels,  thoroughbred   racing,   and 
harness racing.

  History:  1985 AACS.

                              PART 2. MUTUELS


R  431.2001   Definitions; B to M.
  Rule 2001. As used in this part:
  (a) "Betting interest" means a single horse, or more than 1 horse joined as 
a mutuel entry or joined  in  the   mutuel   field,   on   which   a   single 
pari-mutuel wager may be placed.
  (b) "Entry" means either of the following:
  (i) A horse entered in a race.
  (ii) Two or more horses which are  entered  in  a  race   and   which   are 
coupled as a mutuel entry or joined in the mutuel field pursuant to  rules of 
the racing commissioner.
  (c) "Mutuel entry" means 2 or more horses entered in a   race   which   are 
coupled as a single betting interest because the horses are  owned  wholly or 
in part by the same owners or are trained by the same trainer.
  (d) "Mutuel field" means a single betting interest  which   involves   more 
than 1 horse and which is formed, when the number of horses  starting  in   a 
race exceeds the number capacity  of  the  totalisator,   by   grouping   the 
highest numbered horse within the numbering capacity   of   the   totalisator 
and all horses of a higher number.

  History:  1985 AACS.


R  431.2005   Definitions; P to W.
  Rule 2005. As used in this part:
  (a) "Place," when used in the context of a single position in the  order of 
finish in a race, means second. When  used  in  the  context  of  pari-mutuel 
wagering, a "place" wager is one involving a payoff on  a  betting   interest 
which finished first or second in a race. When  used  in   the   context   of 
multiple positions in the order of finish in a race,  "place"  or   "placing" 
means finishing first, second, or third.
  (b) "Post time" means the time set for the arrival of the   horses   in   a 
race at the starting post.
  (c) "Scratch" means the withdrawal of a horse entered for  a   race   after 
the time of closing.
  (d) "Starter" means a horse in front of whom  the  stall   doors   of   the 
starting gate open at the time the starter dispatches the field  or,  when no 
starting gate is used or a mobile starting gate is  used,  the  starter gives 
the word "go."
  (e) "Winner" means a horse whose nose reaches the   wire   first   carrying 
its jockey or driver, a horse whose nose reaches  the  wire   at   the   same 
instant as the nose of a horse sharing first place carrying  its  jockey   or 
driver, or a horse awarded first place by  the   commissioner   or   stewards 
because of the disqualification of an actual first-place finisher.

  History:  1985 AACS.


R  431.2010   Pari-mutuel ticket sales payoffs.
  Rule 2010. (1) Pari-mutuel tickets shall be sold only  at  either   regular 
ticket  windows  which  are  properly  designated  by   signs   or    through 
authorized  systems  or  messengers.  Pari-mutuel  tickets   shall   not   be 
exchanged, except as otherwise provided for in R 431.2105, R 431.2110, and  R 
431.2115.
  (2) Wagers shall be paid  when  a  race  is  declared   official   by   the 
stewards. A race shall  be  deemed  official  when  an   official   sign   is 
purposely displayed or an official announcement is   made.   Any   subsequent 
ruling of the commissioner or stewards with regard to the  award   of   purse 
money shall have no bearing on the mutuel payoff.
  (3) Payment on winning pari-mutuel  tickets  shall  be   made   only   upon 
presentation and surrender of such tickets.
  (4) All winning pari-mutuel tickets may be presented for  payment  to   the 
association concerned within 60 days  after  the  last  day   of   the   race 
meeting pursuant to section 2 of Act No. 90 of the Public Acts  of  1951,  as 
amended, being, S431.252 of the Michigan Compiled Laws.
  (5) Tickets altered or mutilated in any way are void  and  worthless.  Torn 
tickets, if properly identifiable, will be honored by  the  association.  The 
responsibility for identifying tickets rests with the association.
  (6) A winning ticket shall not pay less than $1.10 on a  wager  of   $1.00, 
and the minimum value of winning tickets of a higher denomination shall be in 
direct proportion thereto. A licensee shall not use  any  part  of  the state 
tax or the state's share of the breakage to make up any minus  pool.
  (7) If there is any error in calculation where the  public  is   underpaid, 
the amount of the underpayment shall be added to the same pool  on  the  next 
race. If such an error results in the public being overpaid,  the  amount  of 
the overpayment is chargeable against the funds of the racing association.
  (8) Payments will be made only on the first 3 horses  passing  the   finish 
line according to the official order of finish, except in the   case   of   a 
dead heat for show, in which case payments will be made  on   the   first   4 
horses.
  (9) If a horse is excused from racing for any reason  after   the   betting 
thereon has begun, or if a horse becomes locked in the  starting  gate,   the 
money bet on that horse shall be refunded, except that when  the   horse   is 
part of an entry or a mutuel field, there shall be no refund if the  entry or 
the mutuel field, as the case may be, has at least 1 actual starter.
  (10) The association shall require positive identification  of  a   winning 
ticket  holder  before  payment  when,  in    the    stewards'    discretion, 
circumstances warrant the action.

  History:  1985 AACS.


R  431.2015   Emergencies; errors.
  Rule 2015. (1) If any emergency arises in connection with the  operation of 
the mutuel department and the emergency is not covered by  these   rules  and 
an immediate decision is  necessary,  the  mutuel  manager  shall  make   the 
decision, and a prompt report of the facts shall be made  to   the   stewards 
and the racing commissioner.
  (2) If an error is made in posting the odds or  payoff   figures   on   the 
public board, it shall be corrected promptly and only  the  correct   amounts 
shall be used in the payoff, irrespective  of  the  error   that   may   have 
appeared on the public board. If, because of  mechanical   failure,   it   is 
impossible to promptly correct the posted payoff,  a   statement   shall   be 
made over the public address system stating the facts and corrections.

  History:  1985 AACS.


R  431.2020   Program requirements.
  Rule 2020. (1) R 431.2001 to R 431.2015 shall be  printed   in   not   less 
than  6-point  type  in  the  daily  program  sold  by  each  association.
R 431.2001 to R 431.2015 shall be posted for the benefit of  the  public   in 
not less than 2 places in the betting area of each racing association  and in 
not less than  4  places   in   those   racing   associations   providing   a 
clubhouse area.
  (2) Mutuel department rules printed in the program  or   posted   for   the 
public shall be preceded by the following statement:
  "All payoffs by the pari-mutuel departments of  associations  licensed   by 
the racing commissioner are subject  to  the  regulations   of   the   United 
States Government, the Internal Revenue Service, and  applicable  statutes of 
the State of Michigan."

  History:  1985 AACS.


R  431.2025   Mutuel windows.
  Rule 2025. Mutuel windows shall open not less than 30  minutes  before  the 
first race. Cashing of tickets shall begin, and selling  shall   resume,   as 
soon as possible after the official results of a race have been posted.

  History:  1985 AACS.


R  431.2030   Machine locking.
  Rule 2030. (1) The pari-mutuel machines shall be  locked   by   a   steward 
immediately upon the start of the race through an   electrical   control   in 
the stewards' stand or before the start of a race through a method subject to 
the approval of the racing commissioner.
  (2) If the start of the race is delayed beyond the official  post  time, as 
shown on the results board,  without  adequate  reason  or  explanation,  the 
stewards may, at their discretion, lock the pari-mutuel machines.
  (3) An association shall not be responsible for ticket  sales   which   are 
not completed before the machines are locked.

  History:  1985 AACS.


R  431.2035   Totalisators.
  Rule 2035. (1) Pursuant to section 12 of the act,  each  association  shall 
use a totalisator or other mechanical device which is   equal   in   accuracy 
and clearness to a  totalisator  and  which  is  approved   by   the   racing 
commissioner. The odds board of the totalisator or  other  mechanical  device 
shall be placed in full view of the patrons.
  (2) No other place or  method  of  betting,   pool-making,   wagering,   or 
gaming shall be used or permitted.
  (3) An association shall divide  the  breaks  equally  with  the  state.
Breaks shall be computed at all times at 10 cents and defined  at  the  cents 
over any multiple of 10 otherwise payable to a patron on a wager of $1.00.
  (4)  Payoff  prices  of  tickets  of  a  higher   denomination   shall   be 
calculated as even multiples of the payoff price for  a   $1.00   wager.   An 
association shall distribute to the persons holding winning  tickets,  at   a 
minimum, a sum not less than $1.10 calculated on the basis  of   each   $1.00 
deposited in a pool.

  History:  1985 AACS.


R  431.2040   Messenger betting.
  Rule 2040. A person shall not participate in or be a party to  any  act  or 
transaction relative to the placing of a wager or  carrying   a   wager   for 
placement outside of a race meeting grounds. A person   shall   not   provide 
messenger service for the placing of a bet for another person who  is  not  a 
patron.

  History:  1985 AACS.


R  431.2045   On-track messengers.
  Rule 2045. An association may  employ  messengers  for   the   purpose   of 
carrying bets for patrons or for purchasing or  cashing  pari-mutuel  tickets 
under the following conditions:
  (a) A detailed plan for the  employment  of  such   messengers   shall   be 
submitted to the racing commissioner not less  than  45   days   before   the 
start  of  the  race  meeting  and  shall  be  approved   by    the    racing 
commissioner.
  (b) Any increased auditing cost incurred by the state of  Michigan   as   a 
result of such messenger service shall be paid  by   the   association,   and 
payment shall be made within 30 days following the conclusion  of  the   race 
meeting.
  (c) All messengers to be employed in such an  approved  messenger   service 
shall be listed by name in the messenger service   plan.   Messengers   shall 
wear distinctive uniforms and shall record the  purchase   and   cashing   of 
pari-mutuel tickets.
  (d) Messengers will be required to purchase tickets   only   from   certain 
specified pari-mutuel machines which are not in service for  sales   to   the 
general public. Receipt books and other records in   connection   with   such 
messenger service  shall  at  all  times  be  available   to   the   auditors 
representing the state. The association shall retain the   details   of   all 
transactions and make them available for examination by the auditors.
  (e) Any overages resulting from such messenger service shall  be  turned in 
to the state board of  escheats   with   records   of   outstanding   tickets 
following the race meeting at which such overages  occurred.  Any   shortages 
resulting from such messenger service shall be paid from the  funds  of   the 
racing association.

   History:  1985 AACS.


R  431.2050   Betting interests; straight wagering.
  Rule 2050. (1) In all races with 5  or  more   separate   interests   which 
start, associations shall provide win, place, and  show   betting.   In   all 
races with 4 separate interests which start,   associations   shall   provide 
win and place betting. In races of 3 or 2 separate  interests  which   start, 
associations shall provide only win betting. The  commissioner   may   cancel 
place and show wagering in extraordinary circumstances. Wagering interests in 
stake races shall be regulated by  the  stewards.  Pari-mutuel  tickets shall 
be sold accordingly.
  (2) If, through accident or otherwise, a horse or  horses   are   withdrawn 
and the starting field is reduced to a point  where  it   is   necessary   to 
cancel the show or place pool, the pool will be refunded. However, holders of 
combined tickets shall have valid wagers for that portion of the  ticket  not 
cancelled and a refund on the portion cancelled.

   History:  1985 AACS.



R  431.2055   Betting interests; multiple wagering.
  Rule 2055. (1) Trifecta wagering shall not be scheduled on a race unless at 
least 6 separate betting interests are  programmed.  In  the   event   of   a 
scratch, trifecta wagering on a race in which 5  separate  betting  interests 
remain is permissible.
  (2) There shall be no trifecta wagering on any race  with   less   than   5 
separate betting interests.
  (3) Perfecta or quinella wagering shall  not  be  scheduled   on   a   race 
unless at least 5 separate betting interests are programmed. In the  event of 
a late scratch, perfecta or quinella wagering  on   a   race   in   which   4 
separate betting interests remain is permitted  if   perfecta   or   quinella 
wagering on that particular race had commenced before the late scratch.
  (4) There shall be no perfecta or quinella wagering  on   any   race   with 
less than 4 separate betting interests.

   History:  1985 AACS.


R  431.2060   Race cancellations.
  Rule 2060. (1) If a race is cancelled by  the   stewards   after   wagering 
begins on that race, or if a race is declared "no contest" by the stewards in 
the public interest, all monies wagered shall be refunded.
  (2) A refund of money wagered on a race or a  horse   pursuant   to   these 
rules shall not  be  made  unless  authentic  tickets   are   presented   and 
surrendered.

   History:  1985 AACS.



R 431.2061    Simulcast purse pool distribution.
  Rule 2061.  (1) The commissioner shall annually issue a   simulcast   purse 
pool distribution order in accordance            with sections 2(k),  3,  and 
19  of the act.
  (2) For purposes of simulcast purse  pool  distribution  under  section  19 
(1)(a) and (b) of the act, all of the following provisions apply:
  (a) "Thoroughbred simulcasts",  "thoroughbred  handle,"  and  "thoroughbred 
purse pools" include handle in Michigan  from  regulated  pari-mutuel   races 
where jockeys ride horses as defined by R 431.1010 (e) and the act.
  (b) "Standardbred simulcasts",  "standardbred  handle,"  and  "standardbred 
purse pools" include handle in Michigan  from  regulated  pari-mutuel   races 
where drivers drive horses in harness, as defined by R  431.1005(e)  and  the 
act.
  (c)  Any revenues or  wagering  generated  or  occurring  at   a   location 
receiving audio or visual transmissions of any race are the  handle  of  that 
location and not the handle  of  the  licensee  sending  or  in  control   of 
sending  the transmissions.
  (3) Each year, all certified  horsemen  organizations  may    receive    an 
amount approved by order of the commissioner from the simulcast  purse   pool 
to  use for general expenses.  If,  by  February  15  of  each   year,    all 
certified  horsemen  organizations  agree  to  the    amount    that     each 
organization  is  to receive then these amounts  shall  become   the    order 
of  the  commissioner, provided that the amount for each certified horsemen's 
organization does  not exceed 1.5% of the simulcast purse pool.
  (4) The commissioner may audit  purse  pool  accounts   and    expenditures 
and request and receive a full accounting of purse pool accounts.
  (5)  Any  organization  or   person   unlawfully   interfering   with   the 
implementation or enforcement of a distribution  order  issued   under   this 
rule  shall  be subject to sanctions.  Those sanctions may include,  but  are 
not  limited  to, the  revocation   or   suspension   of   a    license    or 
horsemen  organization's certification, or both, granted under  the  act.

  History: 2003 MR 17, Eff. Sept. 11, 2003.


R  431.2065   Pool calculations; straight wagering.
  Rule 2065. Straight wagering pari-mutuel pools shall  be   calculated   and 
distributed as follows:
  (a) In any race, the win, place, and show pools and  payoffs  are   treated 
separately and calculated independently of each other.
  (b) In all pools, the net amount for  distribution  shall   be   all   sums 
deposited in the pari-mutuel pool less  the  track's   commission   and   the 
breaks as defined in the act.
  (c) Win pool. The amount wagered on the horse or  betting  interest   which 
finished first is deducted from the net pool and the balance which remains is 
profit. The profit is divided by the  amount  wagered   on   the   horse   or 
betting interest finishing first,  such  quotient  being   the   profit   per 
dollar wagered to win. Payoff includes return of the   amount   wagered   and 
the profit thereon. In addition, the following  provisions   apply   to   win 
pools:
  (i) If there is a dead heat for first involving horses   of   2   different 
betting interests, the win pool is distributed as if a place  pool.  If   the 
dead heat involves horses of 3 different betting interests, the  win  pool is 
distributed as if a show pool.
  (ii) If no win ticket is sold on the horse which finishes  first,  the  net 
win pool is distributed to holders of win tickets on  the   horse   finishing 
second.
  (d) Place pool. The amounts wagered to place on the first   2   horses   to 
finish are deducted from the net pool to determine the profit. The  profit is 
divided into 2 equal amounts. One half of  the  profit  is  divided  by   the 
amount wagered to place on the first finisher,  such   quotient   being   the 
profit per dollar wagered to place on the first finisher, and  1/2   of   the 
profit is divided by the amount wagered to place on  the   second   finisher, 
such quotient being the profit per dollar wagered to place  on  such   second 
finisher. Payoffs include return of the  amount  wagered   and   the   profit 
thereon as to each of the first 2 finishers. In   addition,   the   following 
provisions apply to place pools:
  (i) If there is a dead heat for first between   horses   representing   the 
same betting interest, the place pool is distributed as if a  win  pool.   If 
the  dead  heat  is  between  horses  representing   2   different    betting 
interests, the place pool is distributed as if 1  betting  interest  finished 
first and the other finished second. If the dead heat   is   between   horses 
representing 3 different betting interests, the place pool is  distributed as 
if a show pool.
  (ii) If there is a dead heat for second between  horses  representing   the 
same betting interest, the place pool is distributed as if   no   dead   heat 
occurred. If the dead heat for second is between horses  representing  2   or 
more different betting interests, the profit is divided in  half,  with   1/2 
allocated for wagers to place on the horse which finished   first   and   the 
other 1/2 divided equally so as to allocate 1/4 of the profit  on   the   net 
place pool for wagers to place on each of 2 horses  finishing   in   a   dead 
heat for second, or 1/6 of the profit for wagers to place  on   each   of   3 
horses finishing in a dead heat for second.
  (iii) If the first  and  second  finishers  comprise   a   single   betting 
interest, the place pool is distributed as if a win pool.
  (iv) If no place ticket is sold on  a  horse  which   finishes   first   or 
second, then the horse which finished third shall replace   that   horse   in 
the distribution of wagers in the place pool.
  (e) Show pool. The amounts wagered to show on  the  first   3   horses   to 
finish are deducted from the net pool to determine the profit. The  profit is 
divided into 3 equal amounts. One third of  the  profit  is  divided  by  the 
amount wagered to show on the first  finisher,  such   quotient   being   the 
profit per dollar wagered to show on  such  first  finisher;   1/3   of   the 
profit is divided by the amount wagered to show on   the   second   finisher, 
such quotient being the profit per dollar wagered to show  on   such   second 
finisher; and 1/3 of the profit is divided by the amount wagered  to  show on 
the third finisher, such quotient being the profit per   dollar   wagered  to 
show on such third finisher.   Payoffs   include   return   of   the   amount 
wagered and the profit thereon as to each of the  first   3   finishers.   In 
addition, the following provisions apply to show pools:
  (i) If there is a  dead  heat  for  first  between   2   horses   involving 
different betting interests, or 3 horses  involving   3   different   betting 
interests, the show pool is distributed as if no dead   heat   occurred.   If 
the dead heat for first is between 2 horses  involving   the   same   betting 
interest, 2/3 of the profit is allocated to wagers to show  on  the   coupled 
betting interest and 1/3 of the profit is allocated to wagers  to   show   on 
the other horse among the first 3 finishers. If the dead heat  for  first  is 
between  3  horses  involving  1  betting  interest,  the   show   pool    is 
distributed as if a win pool.
  (ii) If there is a dead heat for second between  2   horses   involving   2 
different betting interests, the show pool is distributed as   if   no   dead 
heat occurred. If the dead heat for second is between  horses  involving  the 
same betting interest, 2/3 of the profit shall be allocated  to   wagers   to 
show on the coupled betting interest  and  1/3  of  the   profit   shall   be 
allocated to wagers to show on the horse finishing first; if  the  dead  heat 
for second is between 3 horses involving 2 or 3 betting  interests,  1/3   of 
the profit is allocated to wagers to show on the horse  finishing  first  and 
the remaining 2/3 of the profit  is  divided  equally  by   the   number   of 
betting interests finishing in a dead heat for   second   for   proportionate 
distribution on wagers to show for each such betting interest finishing in  a 
dead heat for second.
  (iii) If there is a dead heat for third  between   horses   involving   the 
same betting interests, the show pool is distributed as if   no   dead   heat 
occurred. If the dead heat for third is between horses involving  2  or  more 
betting interests, 2/3 of the profit shall be allocated to wagers to  show on 
the first 2 finishers and the remaining  1/3  of  the   profit   is   divided 
equally by the number of betting interests finishing in a   dead   heat   for 
third for proportionate distribution on  wagers  to  show   for   each   such 
betting interest finishing in a dead heat for third.
  (iv) If the first 3 horses to finish comprise 1   betting   interest,   the 
show pool shall be distributed as a win pool. If 2  horses   coupled   as   a 
single betting interest finish first and second, or first   and   third,   or 
second and third, 2/3 of the profit shall be allocated to wagers  to  show on 
the single betting interest and 1/3 of  the  profit  shall  be  allocated  to 
wagers to show on the other horse among the first 3 finishers.
  (v) In the event 1 horse coupled in the betting by reason   of   being   in 
the mutuel field or part of a mutuel entry finishes first   or   second   and 
another horse included in the same betting interest  finishes   in   a   dead 
heat for third, the allocation  of  the  show  pool  profit   shall   be   as 
follows:
  (A) One half of the profit shall be allocated  to  the   wagers   on   such 
field or entry, 1/3 of the profit for the horse finishing  first  or   second 
and 1/6 of the profit for the horse finishing in a dead heat for third.
  (B) One third of the profit for the  horse  finishing   first   or   second 
which was not part of the mutuel field or entry.
  (C) One sixth of the profit for the horse finishing in a  dead   heat   for 
third with such mutuel field or entry.
  (vi) If  only  2  horses  finish,  the  show  pool,  if   any,   shall   be 
distributed as if a place pool. If only 1 horse finishes,   the   place   and 
show pools, if any, shall be distributed as if a win  pool;   if   no   horse 
finishes,  all  money  wagered  on  such  race  shall   be   refunded    upon 
presentation and surrender of pari-mutuel tickets sold thereon.  If  no  show 
ticket is sold on a horse which finishes first, second, or  third,  then  the 
horse which finished fourth shall replace that horse in  the  distribution of 
wagers in the show pool.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2070   Wagering format.
  Rule 2070. All forms or variations of pari-mutuel wagering  shall  not   be 
offered at a licensed track in  the  state  of   Michigan   without   written 
permission of the racing commissioner.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2075   Daily double.
  Rule 2075. (1) The daily double is not a parlay and   has   no   connection 
with or relation to straight wagering. All tickets  on   the   daily   double 
will be calculated in an entirely separate pool.
  (2) To win a daily double, it is necessary for the purchaser  of  a   daily 
double ticket to select the winners of each of the 2  races   specified   for 
the daily double. If either of his or her selections fails to  win,  his   or 
her ticket is voided, except as otherwise provided.
  (3) Daily double pool. The amount wagered on   the   winning   combination, 
such being the horse or betting interest which finishes first  in  the  first 
race coupled with the horse finishing first in  the  second   race   of   the 
daily double, is deducted from the net pool to determine  the   profit.   The 
profit is divided by the amount wagered on the  winning   combination,   such 
quotient being the profit per dollar wagered on the winning daily  double.
Payoff includes return of the amount wagered and the   profit   thereon.   In 
addition, the following provisions apply to daily double pools:
  (a) If there is a dead heat for  first  involving   2   different   betting 
interests in 1 of the 2 daily double  races,  the  daily   double   pool   is 
distributed as if it where a place pool, with 1/2 of the profit  allocated to 
wagers combining the single winner of 1 daily  double  race  and  1  of   the 
betting interests involved in the dead heat in the other  daily  double  race 
and with the other 1/2 of the profit allocated  to   wagers   combining   the 
single winner of 1 daily  double  race  and  the   other   betting   interest 
involved in the dead heat in the other daily double race.
  (b) If there are  dead  heats  for  first   involving   different   betting 
interests in each of the  daily  double  races  which   result   in   winning 
combinations, the  profit  shall  be  allocated  equally   to   the   winning 
combinations after first deducting from the net pool the  amount  wagered  on 
all winning  combinations  for  proportionate  allocation   for   each   such 
winning daily double wager.
  (c) If no daily double ticket is sold combining  the   horse   or   betting 
interest which finishes first in 1 of the daily double   races,   the   daily 
double pool is distributed as if a win pool, with the  profit  allocated   to 
wagering combinations which include the horse or   betting   interest   which 
finished first in 1 of the daily double races.
  (d) If no daily double ticket is sold combining the   horses   or   betting 
interests which finished first in both the first and second   race   of   the 
daily double, then the winning combination for distribution  of   the   daily 
double profit shall be that combining  the  horses   or   betting   interests 
which finished second in each of the daily double races.
  (e) If, after daily double wagering has commenced, a  horse   not   coupled 
with another as a betting interest in the first race of the  daily  double is 
excused by the stewards or is prevented from racing because  of   failure  of 
the starting gate to open properly, then daily double wagers  combining  such 
horse shall be deducted  from  the   daily   double   pool   and   shall   be 
refunded upon presentation and surrender of daily double tickets  thereon.
  (f) If, after the first race of the daily double has been  run,   a   horse 
not coupled with another as a betting interest in the second  race   of   the 
daily double is excused by the stewards or prevented from  racing  because of 
failure of the starting gate door  to  open  properly,  then   daily   double 
wagers combining the winner of the  first  daily  double   race   with   such 
horses prevented from racing in the second  daily  double   race   shall   be 
allocated consolation payoffs.
  (g) Consolation daily double payoffs shall be determined  by  dividing  the 
net daily double pool by the amount wagered combining the   winner   of   the 
first daily double race with every horse or betting  interest  scheduled   to 
start in the second daily double race, such quotient  being  the  consolation 
payoff per dollar wagered combining the winner of the  first   daily   double 
race with such horse prevented from racing  in  the   second   daily   double 
race. Payoff includes return of the amount wagered and the profit thereon.
  (h) If for any reason the first race of the daily   double   is   cancelled 
and declared "no race," a full and complete refund shall be   made   of   the 
daily double pool.
  (i) If for any reason the second race of the daily  double   is   cancelled 
and declared "no race," the net daily double pool shall  be   paid   to   the 
holders of daily double tickets which include  the  winner   of   the   first 
race.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2080   Quinella.
  Rule 2080. (1) The quinella is a contract by the purchaser of  a  ticket to 
select the first 2 horses to finish in the  race.  The  order  in  which  the 
horses  finish  is  immaterial.  All  tickets  on  the   quinella   will   be 
calculated in an entirely separate pool.
  (2) Quinella pool. The amount wagered on the  winning   combination,   such 
being the first 2 finishers irrespective of which horse  finishes  first  and 
which horse finishes second, is deducted from the net   pool   to   determine 
the profit. The profit is divided by the amount  wagered   on   the   winning 
combination, such quotient being the profit  per  dollar   wagered   on   the 
winning quinella combination.  Payoff  includes  the   amount   wagered   and 
profit thereon. In addition, the following provisions   apply   to   quinella 
pools:
  (a) If there is a  dead  heat  for  first  between   horses   involving   2 
different betting interests, the net quinella pool is distributed  as  if  no 
dead heat occurred. If there is a dead heat  between   horses   involving   3 
different betting interests, the net quinella pool is distributed  as  if   a 
show pool and is allocated  to  wagers  combining  any  of   the   3   horses 
finishing in a dead heat for first.
  (b) If there is a dead  heat  for  second  between   horses   involving   2 
different betting interests, the net quinella pool is distributed  as  if   a 
place pool and is allocated to wagers combining the   first   finisher   with 
either horse finishing in a dead heat for second.  If  the   dead   heat   is 
between horses involving 3 different betting interests,  the   net   quinella 
pool is distributed as if a show pool and is allocated  to  wagers  combining 
the first horse with each of the 3 horses finishing in  a   dead   heat   for 
second.
  (c) If horses representing a single betting interest   finish   first   and 
second, the net quinella pool shall be allocated to  wagers  combining   such 
single betting interest with the horse or betting  interest  which   finishes 
third.
  (d) If no quinella ticket is sold combining the first finisher  with  1  of 
the horses finishing in a dead heat for second, then the net quinella pool is 
allocated to wagers combining the  first  finisher  with  the   other   horse 
finishing in a dead heat for second.
  (e) If no quinella ticket is sold  combining  the   first   finisher   with 
either of the horses finishing in a dead heat for  second,   then   the   net 
quinella pool is allocated to wagers combining the 2 horses which finished in 
the dead heat for second.
  (f) If no quinella ticket is sold  combining  the   first   finisher   with 
either of the horses finishing in a dead heat for second, or combining the  2 
horses which finished in a dead heat for second, then the  net  quinella pool 
is distributed as if a show pool and is allocated to wagers combining any  of 
the first 3 finishers with any other horses.
  (g) If no quinella ticket is sold combining the first  2  finishers,   then 
the net quinella pool shall be distributed as  if  a  place   pool   and   is 
allocated to wagers combining the first finisher with any other horses and to 
wagers combining the second finisher with any other horse.
  (h) If no quinella ticket is sold combining horses or betting  interests as 
would require distribution, then  the   entire   quinella   pool   shall   be 
refunded upon presentation and surrender of quinella tickets thereon.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2085   Perfecta.
  Rule 2085. (1) The perfecta is a contract by the purchaser of  a  ticket to 
select the 2 horses that will finish first  and  second  in  the  race.
Payment of the ticket shall be made only to the purchaser  who  has  selected 
the same order of finish  as  officially  posted.  The   perfecta   will   be 
calculated as an entirely separate pool.
  (2) Perfecta pool. The amount wagered on the  winning   combination,   such 
being the horse finshing first and the horse finishing   second,   in   exact 
order, is the amount to be deducted from the net  pool   to   determine   the 
profit. The profit is  divided  by  the  amount  wagered   on   the   winning 
combination, such quotient being the profit  per  dollar   wagered   on   the 
winning perfecta combination.  Payoff  includes  the   amount   wagered   and 
profit thereon. In addition, the following provisions   apply   to   perfecta 
pools:
  (a) If no ticket is sold on the winning combination of  a  perfecta   pool, 
the net pool shall be  distributed  equally  between   holders   of   tickets 
selecting the winning  horse  to  finish  first  and   holders   of   tickets 
selecting the second place horse to finish second.
  (b) If there is a dead heat between 2 horses for first   place,   the   net 
perfecta pool shall be calculated and distributed as a place  pool,  1/2   of 
the profit to be paid to each of the holders of tickets  selecting  each   of 
the horses in the dead heat to finish first with the other  horse  to  finish 
second to holders of tickets of the winning combinations.
  In case of a dead heat between 2 horses for second  place,   the   perfecta 
pool shall be figured  as  a  place  pool,  and  the   holders   of   tickets 
combining the winning horse  and  the  2  horses   finishing   second   shall 
participate in the payoff.
  (c) If there is a dead heat for second place and if no ticket is sold on  1 
of the 2 winning combinations, the entire net pool shall  be  calculated as a 
win pool and distributed to bettors  holding  tickets  on  the  other winning 
combination. If no tickets combine the winning horse   with   either  of  the 
place   horses   in   the   dead   heat,   the   perfecta   pool   shall   be 
calculated and distributed as a place pool, 1/2 of the  profit  allocated  to 
the horse finishing first combined with all  other   betting   interests   to 
finish second and 1/4 of the profit to each of the horses  finishing   in   a 
dead heat for second combined with all other betting  interests   to   finish 
first.
  (d) If an entry finishes first and second, or mutuel  field  horses  finish 
first and second, the net perfecta pool shall be distributed  to  holders  of 
tickets selecting the entry to win combined with the  horse  having  finished 
third.
  (e) If no ticket is sold that would require distribution  of   a   perfecta 
pool, the association shall  make  a  complete  and  full   refund   of   the 
perfecta pool.
  (3) If a horse  is  scratched  or  declared  a   nonstarter,   no   further 
perfecta tickets shall be issued designating such horse,  and  all   perfecta 
tickets previously issued designating such horse  shall   be   refunded   and 
deducted from the gross pool.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2090   Trifecta.
  Rule 2090. (1) The trifecta is a contract by the purchaser of a  ticket  to 
select the 3 horses that will finish first, second, and third in the  race.
The trifecta will be calculated as an entirely separate pool.
  (2) Trifecta pool.  The amount wagered on  the  winning  combination,  such 
being the horse finishing first, the horse finishing second,  and  the  horse 
finishing third, in  exact  order,  is  deducted  from  the   net   pool   to 
determine the profit.  The profit is divided by the  amount  wagered  on  the 
winning combination, such quotient being the profit per dollar wagered on the 
winning trifecta combination. Payoff includes the amount wagered  and  profit 
thereon. In addition, the following provisions apply to trifecta pools:
  (a) If no ticket is sold designating, in order, the first 3 horses, the net 
pool shall be distributed equally among holders of  tickets  designating  the 
first 2 horses in order.
  (b) If no ticket is sold designating, in order, the first 2 horses, the net 
pool shall be distributed equally among holders of  tickets  designating  the 
first horse to win.
  (c) If no ticket is sold designating the first horse to win, the  net  pool 
shall be distributed equally among holders of tickets designating the  second 
and third horses in order.
  (d) If less than 3 horses finish, the  payoff  shall  be  made  on  tickets 
selecting the actual finishing horses in order, ignoring the balance  of  the 
selection.
  (e) If there is a dead heat, all trifecta  tickets  selecting  the  correct 
order of finish, counting a horse in a  dead  heat  as  finishing  in  either 
position involved in the dead heat, shall be  winning  tickets.   The  payoff 
will be calculated as a place pool.
  (3) If a horse is scratched or declared a nonstarter, all trifecta  tickets 
previously issued designating such horse shall be refunded and deducted  from 
the gross pool.

  History:  1985 MR 6, Eff. July 12, 1985; 2007 MR 9, Eff. May 3, 2007.


R  431.2095   Triple crown.
  Rule 2095. (1) The triple crown is a contract  by  the   purchaser   of   a 
ticket combining 3 horses, 1 in each of 3 consecutive  races,   as   may   be 
designated by the track licensee with approval of  the   commissioner,   with 
the bettor selecting the horses that  will  finish  first  in  each  race.
Payment of winning tickets shall be  made  only  to  the   holders   of   the 
tickets who have selected the same order of finish  as   officially   posted, 
except if there is a scratch or as otherwise provided in these rules.
  (2) Triple crown has no connection with, or relation to,  the  win,  place, 
and show betting pools and shall be calculated  as   an   entirely   separate 
pool. Triple crown tickets shall be labelled as triple crown tickets.
  (3) If no ticket is sold combining the third winner, the net pool  shall be 
distributed to the holders of tickets  selecting  the  winners  of  the first 
2 races of the triple crown.
  (4) If no ticket is sold combining the winner of the   second   race   with 
the winner of the first race of the triple crown, then the net pool  shall be 
distributed to holders of winning tickets  of   the   first   race   of   the 
triple crown as a separate win pool.
  (5) If no ticket is sold that would  require  distribution   of   the   net 
triple crown pool as specified in subrules (3) and (4) of  this   rule,   the 
net pool shall be apportioned equally to holders of  tickets  selecting   the 
winning horse in either the second or third race of  the  designated   triple 
crown races.
  (6) If a horse is scratched or declared a nonstarter   before   the   first 
race of the designated triple crown races, all   tickets   designating   such 
horse shall be refunded and the money deducted from the gross pool.
  (7) If a horse in the second race of the designated triple  crown  races is 
scratched after the first race of  the  designated  triple  crown  races   is 
declared official, then all tickets combining the scratched  horse  with  the 
winner of the first race of the designated triple crown  races  shall  become 
consolation tickets and shall be paid  a  price  per   dollar   computed   by 
dividing the net triple crown pool by the  total  purchase   price   of   all 
tickets designating the winner of the first race of the  triple  crown,   and 
the quotient obtained shall constitute the price to be  paid  to  consolation 
ticket holders. The amount paid to all holders of   a   consolation   ticket, 
and the breakage derived therefrom, shall be subtracted from the net pool.
  (8) If a horse in the third race of the designated triple  crown  races  is 
scratched after the first and second races of the  designated  triple   crown 
have been declared official, then  all  tickets   combining   the   scratched 
horse with the winners of the first race and second race  of  the  designated 
triple crown races shall become consolation tickets and shall   be   paid   a 
price per dollar computed by dividing the net triple  crown   pool   by   the 
total purchase price of all tickets designating the winners  of   the   first 
and second races of the triple crown,  and  the   quotient   obtained   shall 
constitute the price per dollar to be paid to  consolation  ticket   holders, 
and the breakage derived therefrom shall be subtracted from the net  pool.
  (9) If there is a dead heat to win in either the first,  second,  or  third 
race of the designated triple crown races, the  tickets   selecting   the   3 
winners of the triple crown races, counting both horses  which  finished   in 
the dead heat to win as winners, shall be paid a price per dollar computed by 
deducting the total amount wagered on the 2 winning  combinations   from  the 
total net pool and dividing the remainder  into  2  equal  parts.  The amount 
wagered on each of the 2 winning combinations shall,  as  in  a   place  pool 
calculation, be divided separately into shares of the  net   pool,   and  the 
price per dollar derived shall constitute the price per  dollar   payoff  for 
each winning combination. If 1 combination has no winning ticket  sold,  then 
the holders of the other  winning  combinations  shall,  as  in  a  win  pool 
calculation, divide the net pool.
  (10) If there is a dead heat to win in 2 separate races or all  3  races of 
the designated triple crown races or a triple  dead  heat  in  any   of   the 
designated triple crown races, all tickets selecting the 3  winners  of   the 
triple crown races, counting all horses who finish in the   dead   heats   to 
win or, in the triple dead heat, as winners, shall be  paid   a   price   per 
dollar computed by dividing the total number of all winning  combinations, as 
in a win pool calculation, into the net  pool,  and  the  prices  per  dollar 
derived shall constitute the  per  dollar  payoff,  with   all   holders   of 
winning combinations receiving the same payoff price.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2100   Special sweepstakes.
  Rule 2100. (1) The special sweepstakes pari-mutuel pool is  not  a   parlay 
and has no connection with, or relation to,  any   other   pari-mutuel   pool 
conducted by the association; any win, place, and show  pool;   or   to   the 
rules governing the distribution of other pools.
  (2) A valid special sweepstakes ticket shall be evidence   of   a   binding 
contract between the holder of the ticket and the  racing  association,   and 
the ticket shall constitute an acceptance of special sweepstakes rules.
  (3) A special sweepstakes  may  be  given  a  distinctive   name,   to   be 
selected by the association conducting such races, such as  "pick   six"   or 
"super sweepstakes," subject to the approval of the  racing  commissioner.
  (4)  The  special  sweepstakes  pari-mutuel  pool   consists   of   amounts 
contributed for a selection for  win  only  in  each  of   6   races   (legs) 
designated  by  the  association  with  the   approval    of    the    racing 
commissioner. Each person purchasing a special   sweepstakes   ticket   shall 
designate the winning horse in each of the 6 races  comprising  the   special 
sweepstakes.
  (5) A special sweepstakes shall be operated at  regular  intervals   during 
the race meeting in accordance with a schedule prepared in  advance  by   the 
association and approved by the racing commissioner. The  schedule  shall  be 
attached to the association's application to operate  a  special  sweepstakes 
and shall be published in the association's daily race   program   for   each 
racing card of the race meeting that the wager is  operated.   The   schedule 
shall not be altered without the  approval  of  the  racing  commissioner.
There shall be a mandatory distribution day as established  in   advance   by 
the association and approved by the racing commissioner. Not  more   than   1 
special sweepstakes shall be held during 1 racing card.
  (6) After betting has started or  closed  on   the   special   sweepstakes, 
other horses which are also eligible to enter a race shall not be  entered in 
any race on which the wager is being held.
  (7) An  association  shall  sell  special  sweepstakes   tickets   in   any 
denomination, with a minimum of $2.00.
  (8) Those horses constituting an entry of coupled horses  or  those  horses 
coupled  to  constitute  the  field  in  a  race   comprising   the   special 
sweepstakes shall race as a single wagering interest for   the   purpose   of 
the special sweepstakes pari-mutuel pool calculations and  payouts   to   the 
public. However, if any part of either an entry or the field  racing   as   a 
single wagering interest is a starter in a race, the entry   or   the   field 
selection shall remain as the designated selection to win in  that  race  for 
the super sweepstakes calculation, and the pari-mutuel ticket  shall  not  be 
withdrawn from the pool.
  (9) Every association that operates a special sweepstakes  shall  give   to 
the state auditor a computer printout described in  subdivision   (a),   (b), 
(c), or (d) of this subrule, as circumstances require, and  at   such   other 
times and in formats as required  by  the  state   auditor.   The   following 
provisions apply to such printout:
  (a) The printout required at the close of betting shall show  all  of   the 
following information:
  (i) The total amount bet on that pool on the current day racing card.
  (ii) Where applicable,  each  individual  net  pool   carried   over   from 
previous days that is to be added to the current day net  pool  pursuant   to 
subrule (10)(b) of this rule.
  (iii) The total net pool established by adding all net  pools  described in 
paragraphs (i) and (ii) of this subdivision.
  (b) The printout required immediately following the  official  results   of 
the race on which the  first  leg  is  operated  shall  show   any   of   the 
following:
  (i) The total dollars bet coupling each horse in the first  leg  with  each 
individual combination of horses in the remaining 5 legs.
  (ii) The total dollars bet coupling the winner of  the   first   leg   with 
each individual combination of horses in the remaining 5 legs.
  (iii) When applicable, a statement that tickets  described   in   paragraph 
(i) of this subdivision have not been sold.
  (c)  Where  an  association  chooses  to  provide   a   computer   printout 
described in subdivision (b)(ii) of this subrule and no  tickets  have   been 
sold on the winner  of  the  first  leg,  a  printout   shall   be   provided 
immediately after the official results of the applicable   race   and   shall 
show the total dollars bet coupling the winner of either the  second  leg  or 
the next subsequent leg on which a  ticket  has  been   sold   coupling   the 
winner of that race with each individual  combination  of   horses   in   the 
preceding and remaining legs.
  (d) On a racing day  designated  for  mandatory   distribution   where   no 
tickets are sold coupling the horses finishing first in the official order of 
finish in every leg of the special sweepstakes, the racing  commissioner  may 
require the association to provide a computer printout,  as   described  in   
subdivision  (b)(i)  of   this   subrule,   within   24   hours    of    such 
distribution.
  (10) The following provisions apply to a special sweepstakes pool:
  (a) Every special sweepstakes pool shall be distributed when  1   or   more 
tickets are sold coupling the horses finishing first in every  leg   of   the 
special sweepstakes.
  (b) Where no tickets are sold coupling the winners of all   legs   of   the 
special sweepstakes, the net pool shall, except  as   provided   by   subrule 
(13) of this rule and subdivision (c) of this subrule, be  carried  over  and 
added to the net pool of the next scheduled special  sweepstakes  operated by 
the association.
  (c) The association, with the approval of the  racing   commissioner,   may 
elect to pay out a percentage of each day's special sweepstakes  net  pool to 
those selecting the winners of the most  legs  if  no   tickets   were   sold 
selecting the winners of all  6  legs  of  the   special   sweepstakes.   The 
remaining balance of the net pool for that day would then  be  carried   over 
and added to all other net pools that have been previously  carried  over.
This provision does not apply on mandatory payout days.
  (11) The payout price for a special sweepstakes shall  be   calculated   in 
the following manner:
  (a) The legal percentages shall be deducted from the total  amount  bet  in 
the pool to determine the net pool.
  (b) The net pool shall be divided by the value of the tickets  bet  on  the 
winning combination.
  (c) The quotient obtained pursuant to subdivision (b)   of   this   subrule 
shall be multiplied by the purchase price of each ticket.
  (12) If, before the close of betting on the special  sweepstakes,  a  horse 
that is not part of an entry or mutuel field is scratched or   a   horse   is 
scratched that is part of an entry or a mutuel field and  no   other   horses 
remain in the entry or mutuel field, the money wagered on that horse shall be 
deducted from the pool and refunded after  the  last  leg  of   the   special 
sweepstakes has been declared official.
  (13) If, after the close of  betting  on  the   special   sweepstakes   and 
subject to subrule (14) of this rule, any money wagered on   any   horse   in 
any leg of the special sweepstakes feature that is not part of  an  entry  or 
mutuel field and is scratched; is part of an entry  or   mutuel   field,   is 
scratched, and no other horses remain in that entry or mutuel  field;  or  is 
determined by the stewards not to be a starter and  is   coupled   with   the 
winners of all other legs shall be deducted from the  pool  established  that 
day and refunded to the purchaser.
  (14) Where a mandatory distribution is carried out   in   accordance   with 
subrule (15)(c) of this rule or an optional daily  distribution  is   carried 
out in accordance with  subrule  (15)(c)  of  this  rule,   based   on   most 
winners, any tickets participating in  the  distribution   of   the   special 
sweepstakes pool shall not receive a refund.
  (15) The following provisions apply to the mandatory  distribution   of   a 
special sweepstakes pool:
  (a) Every association shall make a mandatory distribution  of  the  special 
sweepstakes pool as follows:
  (i) On the racing day as designated for mandatory distribution  pursuant to 
subrule (5) of this rule.
  (ii) On the last scheduled special sweepstakes to be  operated  during  the 
race meeting.
  (iii) On a racing card where 3 or more legs of  the   special   sweepstakes 
are cancelled, declared off, declared no contest, or postponed.
  (b) Subject to subrule (16)(b) of this  rule,  the   pool   for   mandatory 
distribution shall be comprised of the net pool established  on  that  racing 
card, to which shall be added all  net  pools  carried   over   pursuant   to 
subrule (10)(b) of this rule to establish a total net pool.
  (c) The payout price shall be  determined  in   accordance   with   subrule 
(11)(b) of this rule, except that where no tickets are  sold   coupling   the 
horse finishing first in every leg of the feature, the net  pool   shall   be 
divided by the value of tickets bet coupling the most winners.
  (16) The following provisions apply  to  special   sweepstakes   in   which 
races are cancelled, declared off, declared no contest, or postponed:
  (a) Where any race designated as a leg of  the   special   sweepstakes   is 
cancelled, declared off, declared no contest, or postponed,  all  horses   in 
that leg shall be considered winners for the purpose  of   distributing   the 
special sweepstakes pool.
  (b) When 3 or more legs of a special sweepstakes  are  cancelled,  declared 
off, declared no contest, or postponed, both of  the   following   provisions 
apply:
  (i) The net pool, exclusive of any net pool carry-over  from   a   previous 
special sweepstakes, shall  be  distributed  in   accordance   with   subrule 
(15)(c) of this rule.
  (ii) Any net pool carry-over accrued from a  previous  special  sweepstakes 
shall be further carried over to the next   scheduled   special   sweepstakes 
pool.
  (17) All horses in a dead heat to win in a race designated as  a   leg   of 
the special sweepstakes shall be considered  as  winning   horses   for   the 
purpose of distributing the special sweepstakes pool.
  (18) Subject to subrule (19) of this rule, a   special   sweepstakes   pool 
shall not be refunded by an association, except in either  of  the  following 
situations:
  (a) The mutuel  manager  and  the  state  auditor   determine,   to   their 
satisfaction, that the correct number of  winning  tickets   or   the   total 
number of tickets sold cannot be properly established.
  (b) All 6 legs are cancelled, declared  off,  declared   no   contest,   or 
postponed.
  (19) Where the circumstances described in subrule (18)(a) or  (b)  of  this 
rule occur, the refund shall apply only to the pool   established   on   that 
racing card and, where applicable, any net pool carry-over  accrued  from   a 
previous special sweepstakes shall be further carried  over   to   the   next 
scheduled special sweepstakes operated by the association.
  (20)  When  for  any  reason  a   special    sweepstakes    pool    remains 
undistributed and no further special sweepstakes pools  are  scheduled,   the 
association shall do all of the following:
  (a) Deposit the undistributed net pool in an escrow account,  designated as 
the special sweepstakes carry-over account, until a special  sweepstakes  can 
be scheduled and distributed in accordance  with  subdivision  (d)   of  this 
subrule.
  (b) With the approval of the racing  commissioner,   schedule   a   special 
sweepstakes for the next racing card.
  (c) Add the undistributed net pool, including all  accrued   interest,   to 
the net pool of the  special  sweepstakes  scheduled   in   accordance   with 
subdivision (b) of this subrule.
  (d) Distribute the special sweepstakes pool  on   that   scheduled   racing 
card in accordance with subrule (15) of this rule.
  (21) A person shall not disclose the  number  of  tickets   sold   in   the 
special sweepstakes pool or the number  or  amount   of   tickets   selecting 
winners of special sweepstakes races before the  stewards   have   determined 
the last race comprising the special sweepstakes each day to be  official.
  (22) A pari-mutuel ticket for the special sweepstakes pool  shall  not   be 
sold, exchanged, or cancelled after the closing of wagering in  the  first of 
the 6 races comprising the special sweepstakes, except for  such  refunds  on 
special sweepstakes pari-mutuel tickets as required by this rule.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2105   Optional twin double.
  Rule 2105. (1) The  optional  twin  double  is  a   form   of   pari-mutuel 
wagering. Each bettor has the option to do either of the following:
  (a) Attempt to select  the  winners  of  each  of  4  races   as   may   be 
designated by the licensee with the approval of the commissioner.
  (b) After successfully selecting the first 2 winners  of   the   designated 
races, present the winning tickets for payment.
  (2) A bettor who wishes to  participate  in  the   optional   twin   double 
purchases an initial ticket which designates his or her  selections  in   the 
first and second optional twin double races. If both  selections   win,   the 
bettor may either exchange the winning  initial  ticket   for   an   exchange 
ticket, at no further cost, which designates the   bettor's   selections   in 
the third and fourth optional twin double races  or   the   winning   initial 
ticket may be presented for payment. Winning initial  tickets  presented  for 
payment shall be paid at a price per  dollar   denomination   determined   as 
follows:
  (a) The net optional twin double pool, which is the  gross  optional   twin 
double pool less commission and any consolation payoffs, shall be  divided by 
the total purchase price of  all  winning  initial  tickets.   The   quotient 
obtained shall constitute the price to be paid.
  (b) The total amount paid to  ticket  holders  electing   the   option   of 
payment of winning initial tickets shall be deducted from  the  net  optional 
twin double pool,  and  further  participation  of  such   tickets   in   the 
optional  twin  double  pool  shall  terminate.  Also,   the   total   amount 
represented by any winning initial tickets  which  are   not   exchanged   or 
presented for payment before the start of the third  optional   twin   double 
race shall be deducted from the net optional twin double pool and  entered in 
the outs book in the same manner as any other uncashed  winning   ticket  and 
shall be valid for the period  specified  by  statute.  The  balance  of  the 
optional twin double pool shall  be  divided  among   holders   of   exchange 
tickets, combining the winners of  the  third  and   fourth   optional   twin 
double races, as in a straight pool.
  (3) The optional twin double pool shall be held  entirely   separate   from 
all other pools and is in no way part of the daily double.  Inasmuch  as  the 
purpose of the optional twin double pool is to select the winners  of  all  4 
races of the optional twin double, or to exercise the  option  as  previously 
stated, a bettor who selects a horse which starts but does not  win   is   no 
longer eligible, subject only to the contingency that no  other   bettor   in 
the pool has selected the winner of that race, as referred  to   in   subrule 
(15) of this rule.
  (4) Sales of initial tickets shall be in denominations of  $2.00  or  more, 
shall commence only after completion of the  first  race   of   the   regular 
program, and shall terminate at the  start  of  the   first   optional   twin 
double race, when the machines shall be locked.
  (5) Exchange tickets shall  be  issued  only  in   exchange   for   winning 
initial tickets. Issuance of exchange tickets shall   commence   only   after 
the results of  the  second  optional  twin  double   race   are   officially 
announced and shall be terminated at the start of the  third  optional   twin 
double race, when the machines shall be locked. Such  period   of   time   is 
hereinafter referred to as "the exchange period."
  (6) At the option of the  bettor,  winning  initial   tickets,   that   is, 
tickets combining the winners of the first and second  optional  twin  double 
races, may be presented  for  payment  after  the  result   of   the   second 
optional twin double race is officially announced.
  (7) If an incorrect exchange ticket is issued,  such   incorrect   exchange 
ticket shall be turned in to the state chief auditor before  the  running  of 
the second half. The ticket shall be deducted from both  the   exchange   and 
individual combination totals. The ticket shall be voided  and   filed   with 
the performance worksheets, and a report of the  complete   incident,   which 
includes the seller's name, shall be made to the commissioner.
  (8) The probable payoff prices of possible winning  combinations  shall  be 
posted after the third optional twin double race.
  (9) The design of initial tickets and exchange tickets  shall  be   clearly 
and immediately distinguishable from each other and from  daily  double   and 
other pari-mutuel tickets.
  (10) After a horse is scratched, no  further  tickets   shall   be   issued 
designating such horse.
  (11) If a horse or horses not coupled with a starter  are  scratched   from 
the first or second optional twin double races before the  running   of   the 
first optional twin double race, all initial tickets selecting  the  horse or 
horses scratched shall be refunded, the money shall  be  deducted   from  the 
gross pool, and the first  optional   twin   double   race   shall   not   be 
started within 3 minutes of the public announcement of such scratch.
  (12) If any horse or horses not coupled with a starter  are  scratched   or 
declared nonstarters in the second optional twin  double   race   after   the 
first optional twin double race has been run, all   tickets   combining   the 
scratched horse with the winner of the first  optional   twin   double   race 
shall become consolation tickets and shall be  paid  a   price   per   dollar 
denomination determined by dividing the net  optional   twin   double   pool, 
that is, the gross optional twin  double  pool  less  tax,   by   the   total 
purchase price of all initial tickets designating the winner  of  the   first 
optional twin double race, and the quotient obtained  shall  constitute   the 
price to be paid. Further participation of such consolation  tickets  in  the 
optional twin double pool shall terminate. The  total   amount   payable   on 
consolation tickets shall be deducted from the net   optional   twin   double 
pool.
  (13) If any horse or horses not coupled with a starter  are  scratched   or 
declared nonstarters in the third optional twin double  race,  all   exchange 
tickets combining the scratched horse shall become  consolation  tickets  and 
shall be paid a price per dollar denomination determined  by   dividing   the 
net optional twin double pool, that is, the  gross   optional   twin   double 
pool less commission and all prior distributions, by   the   total   purchase 
price represented by all exchange tickets, and the quotient obtained shall be 
the price to be paid. Further participation of such  consolation  tickets  in 
the optional twin double pool shall terminate. The total  amount  payable  on 
consolation tickets shall be deducted from the net optional twin double pool. 
When a horse is scratched from the third optional  twin  double   race,  such 
race shall not be started within 3 minutes  of  the   announcement   of  such 
scratch.
  (14) If any horse or horses not coupled with a starter  are  scratched   or 
declared nonstarters in the fourth optional twin double  race,  all  exchange 
tickets combining the scratched  horses  with  the  winner   of   the   third 
optional twin double race shall become consolation tickets   and   shall   be 
paid a price per  dollar  denomination  determined  by   dividing   the   net 
optional twin double pool, that is, the gross optional   twin   double   pool 
less commission and previous consolation awards,  by   the   total   purchase 
price represented by all exchange tickets designating the   winner   of   the 
third  optional  twin  double  race,  and  the   quotient   obtained    shall 
constitute the price to be paid. Further participation  of  such  consolation 
tickets in the optional twin double pool shall terminate.  The  total  amount 
payable on consolation tickets shall be deducted  from   the   net   optional 
twin double pool. When a horse is scratched from the  fourth  optional   twin 
double race before the start of the third optional twin  double   race,   the 
third optional twin double race shall not be started within  3   minutes   of 
the announcement of such scratch.
  (15) If no initial ticket is sold designating the winner   of   the   first 
optional twin double race, or if the first optional twin   double   race   is 
cancelled or declared  "no  race,"  the  optional  twin   double   shall   be 
declared off and the gross pool shall be refunded.
  (16) If no initial ticket is sold combining the winners of  the  first  and 
second optional twin double races, or if the second  optional   twin   double 
race is cancelled or declared "no race," the net pool shall be distributed to 
holders of initial tickets designating the winner of the first optional  twin 
double race as in a  straight  pool  and  the  optional  twin  double   shall 
terminate.
  (17) If no exchange ticket is issued designating the winner  of  the  third 
optional twin double race, or if the third optional twin   double   race   is 
cancelled or declared "no race," the net pool, less  commission   and   prior 
distributions, shall be distributed to holders  of   exchange   tickets   and 
winning initial tickets as in a straight pool and the  optional  twin  double 
shall terminate.
  (18) If no exchange ticket is issued combining the winners  of  the   third 
and fourth optional twin double races, or  if  the   fourth   optional   twin 
double race is cancelled or declared "no race,"  the  net   pool   shall   be 
distributed to holders of exchange tickets designating the  winner   of   the 
third optional twin double race.
  (19) If there is a dead heat in either or both of the  first   and   second 
optional twin double races, all initial tickets combining a  winner  in  both 
such races shall be eligible for exchange.
  (20) If there is a dead heat in the third optional twin double race  and no 
exchange ticket combines the winner of the fourth optional twin  double  race 
with a winner of the third optional twin double race,  the  net   pool  shall 
be distributed to holders of exchange tickets designating  a  winner  of  the 
third optional twin double race as in a straight pool dead heat.
  (21) If there is a dead heat in either or both of the   third   or   fourth 
optional twin double races, holders of exchange tickets combining  winners in 
both such races shall be entitled to  a  distribution  calculated  as  in   a 
straight pool dead heat.
  (22) If there is a dead heat between a covered and an  uncovered  horse  in 
the second race of the  second  half  of  the  optional   twin   double,   no 
consolation payoff will be made. Holders of tickets on  the  covered   horse, 
representing the only winners of 4 consecutive races, will   share   in   the 
distribution of the optional twin double pool.
  (23) Coupled entries and fields are permitted in   optional   twin   double 
races. A scratch of less than all the horses in a coupled  entry  or   field, 
however, shall not affect the status of a ticket   selecting   such   coupled 
entry or field. Horses coupled or in a field  shall  be   considered   as   1 
horse for optional twin double distributions,  and   calculations   on   dead 
heats shall include only 1 of such horses in each coupled entry  or  field in 
the distribution.
  (24) The sale of optional twin double tickets by 1 individual to another or 
by any means other than  through  pari-mutuel  machines   shall   be   deemed 
illegal gambling and is prohibited.
  (25) These rules shall be prominently displayed  throughout   the   betting 
area of each track conducting the optional twin double, and printed copies of 
these rules shall be distributed by the track to patrons upon  request.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2110   Big perfecta.
  Rule 2110. (1) The big  perfecta,  also  known  as  big   exacta   or   big 
correcta, is a form of pari-mutuel wagering in which the  bettor  selects   4 
horses that will finish first and second in each of 2  races,   as   may   be 
designated by the track licensee with the approval of  the  commissioner,  in 
the exact order as officially posted.
  (2) Each bettor purchasing big perfecta tickets shall  designate   his   or 
her 2 selections as the first 2 horses to finish  in  that   order   in   the 
first race of the 2 designated races.
  (3) After official declaration of the first 2 horses to   finish   in   the 
first race of the big perfecta, and before the running of the second  half of 
the big perfecta, each bettor holding  a  ticket  combining   the   first   2 
horses in the exact order of finish shall exchange such winning ticket for  a 
big perfecta exchange ticket at  the   big   perfecta   windows   and   shall 
select the 2 horses to finish in the second race of the   big   perfecta   in 
the exact order  as  officially  posted.  No  additional   money   shall   be 
required of the holder of the ticket in order to make the exchange.
  (4) A big perfecta exchange ticket on  the  second  race   shall   not   be 
issued except upon surrender of the big perfecta  ticket   from   the   first 
race. The big perfecta pool  obtained  from  the  sales   of   big   perfecta 
tickets on the first race shall  be  held  pursuant  to   these   rules   and 
divided among the winning tickets of the big   perfecta   exchange   tickets, 
unless otherwise provided by these rules. Big perfecta   windows   shall   be 
open for the purpose of making the exchange as specified in  subrule  (3)  of 
this rule only after the  first  race  has  been   declared   official.   Big 
perfecta windows shall close at official post time at  the   start   of   the 
second race of the big perfecta races.
  (5) If a winning big perfecta 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.
  (6) If there are late scratches after the sale of  big   perfecta   tickets 
has started in the first race, all tickets on the scratched  horse  will   be 
refunded.
  (7) If a horse is scratched in the second half of the  big  perfecta,   all 
exchange tickets combining the scratched horse  become  consolation   tickets 
and shall be paid a price per dollar denomination  calculated   by   dividing 
the net big perfecta pool, that is, the gross pool less  commission,  by  the 
total purchase price of all tickets combining the  winners   of   the   first 
race of the big perfecta. The quotient obtained shall be the  price   to   be 
paid to holders of exchange tickets combining the scratched  horse   in   the 
second half of the big perfecta. The entire consolation pool,  that  is,  the 
number of eligible tickets times the consolation price,  plus  the  breakage, 
shall be deducted from the big perfecta pool.
  (8) If no big perfecta ticket is sold as a winning   combination   in   the 
first race of the big perfecta, the big perfecta  pool   shall   be   divided 
among those having tickets including the horse finishing  first  or   second, 
and such distributions shall be calculated and paid as a   place   pool.   In 
such an instance, the big perfecta shall end and the pool  shall  be   closed 
for the day.
  (9)  If  no  big  perfecta  exchange  ticket  is  sold   on   the   winning 
combination, the net pool shall then be apportioned  equally  between   those 
having tickets including  the  horse  finishing  first   and   those   having 
tickets including the horse finishing second in the same manner  in  which  a 
place pool is calculated and distributed.
  (10) If no big perfecta exchange ticket  is  sold   including   the   horse 
finishing second, then the pool shall be distributed  as  a   win   pool   to 
those persons who have selected the horse  which  finished   first   to   run 
first.
  (11) If no big perfecta exchange ticket  is  sold   including   the   horse 
finishing first, then the pool shall be distributed as a win  pool  to  those 
persons who have selected the horse which finished second to  run  second.
  (12) If no exchange ticket includes either the first or  second  horse   of 
the second half of  the  big  perfecta,  the  entire  net   pool   shall   be 
distributed as a straight pool to all  holders  of   exchange   tickets   and 
winning combinations of the first half that have not been exchanged.
  (13) If there is a dead heat for place in the  first  race   of   the   big 
perfecta, all big perfecta tickets combining the first horse  and  either  of 
the place horses shall be eligible  for  exchange  for   the   big   perfecta 
exchange tickets.
  (14) If there is a dead heat for place in the second  race   of   the   big 
perfecta,  the  big  perfecta  pool  shall  be   divided,   calculated,   and 
distributed as a place pool and distributed to  the  holders   of   the   big 
perfecta exchange tickets combining the first  horse  and   either   of   the 
place horses. If there is a dead heat to place and there   are   no   tickets 
sold on 1 combination, the other combination  having   the   winning   horses 
shall be declared the winner. If no exchange tickets  combine   the   winning 
horse with either of the place horses in the dead heat,  the   big   perfecta 
pool shall be calculated and distributed as a place  pool   to   holders   of 
tickets representing any interest in the net pool.
  (15) If for any reason the second race of the big perfecta 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 2 horses 
of the first race of the big perfecta  and  holders  of   the   big  perfecta 
exchange tickets.
  (16) If an entry finishes first and second or field horses  run  first  and 
second, the net big perfecta pool  shall  be  distributed   to   holders   of 
tickets selecting the entry or field horses to win combined  with  the  horse 
finishing third.
  (17) If an entry or field horses finishes first and second  in  the   first 
half of the big perfecta, holders of tickets selecting the  entry  or   field 
horses to win combined with the horse finishing third shall  be  eligible  to 
exchange tickets for the second half of the big perfecta.
  (18) If an entry or field horses finish first and second  in   the   second 
half of the big perfecta, the net big perfecta pool shall  be  distributed to 
holders of tickets selecting the entry or field horses to win  combined  with 
the horse finishing third.
  (19) The sale of big perfecta tickets  other   than   through   pari-mutuel 
machines shall be deemed illegal and is prohibited.
  (20) There shall not be an exchange of tickets when all  4  selections   in 
the big perfecta are printed on a single ticket.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2115   Big Q.
  Rule 2115. (1) The big Q is a form of pari-mutuel  wagering  consisting  of 
selecting the quinella or the first 2  horses  to  finish  in   each   of   2 
consecutive races. Pari-mutuel wagering tickets shall  be   sold   upon   the 
first race of the 2  races  only.  The  division  of  the   pool   shall   be 
calculated as in a straight pool,  subject  to  the   provisions   of   these 
rules.
  (2) A bettor purchasing big Q tickets  shall  designate  his   or   her   2 
selections as the first 2 horses to finish in the first race of  2  races.
  (3) After the official declaration of the first 2 horses  to   finish   the 
first of the big Q races, a bettor holding a ticket combining the 2 horses to 
finish shall exchange such winning ticket for a big Q   exchange   ticket  at 
the big Q windows before the running of the second race. At that   time,  the 
holder shall select the first 2 horses to finish in the second  race  of  the 
big Q. Additional money shall not be required of the ticket  holder  for  the 
exchange.
  (4) A big Q exchange ticket upon the second race  shall   not   be   issued 
except upon the surrender of the big Q  ticket  from  the   first   race   as 
provided in this rule. The big Q pool obtained from sales of  big  Q  tickets 
upon the first race shall be held and divided among the  winning  tickets  of 
the big Q exchange tickets, subject to these rules. Big Q  windows  shall  be 
open for the purpose of making the exchange only after the  first  race   has 
been declared official. The windows shall close at post time at the  start of 
the second race of the big Q races.
  (5) If a winning big Q ticket from the first race is  not   presented   for 
exchange within the time provided, the bettor forfeits all  rights   to   any 
distribution or refund, unless the second half of the big Q  is  cancelled or 
declared "no race" or if no exchange tickets include either   the   first  or 
second horse of the second half of the big Q.
  (6) If a horse is scratched in the first race of the big   Q   races,   all 
big Q tickets on the scratched horse shall be refunded.
  (7) If a horse is scratched in the second race of the big  Q   races,   all 
exchange tickets combining the scratched horse   shall   become   consolation 
tickets and shall be paid a price per dollar   denomination   calculated   by 
dividing the net big Q pool, that is, the gross pool  less   commission,   by 
the total purchase price of all tickets  combining  the   winnings   of   the 
first race of the big Q. The quotient thus obtained shall be the price  to be 
paid to holders of exchange tickets combining the  scratched  horse   in  the 
second race of the big Q. The entire consolation pool,  that  is,  the number 
of eligible tickets times the consolation price, plus the breakage, shall  be 
deducted from the net big Q pool.
  (8) If a big Q ticket is not sold on a winning combination  in  the   first 
race of the big Q, the big Q pool shall  be  divided   among   those   having 
tickets  including  the  horse  finishing  first  or    second,    and    the 
distributions shall be calculated and made as a place pool. The  big  Q  race 
shall then end and the pool shall be closed for the day.
  (9) If a big Q exchange ticket is not sold on  the   winning   combination, 
the net pool shall be apportioned equally  between   those   having   tickets 
including the horse finishing second in the same manner in  which   a   place 
pool is calculated and distributed.
  (10) If a big Q exchange ticket combines only 1 of the 2  winners  and   no 
big Q exchange combines  the  other  winner,  the  entire   pool   shall   be 
distributed as a straight pool to the holders of those tickets.
  (11) If no exchange ticket includes either the first or  second  horse   of 
the second half of the big Q, the entire net pool shall be distributed  as a  
straight  pool  to  all   holders   of   exchange   tickets    and    winning 
combinations of the first half that have not been exchanged.
  (12) If there is a dead heat for place in the first race of   the   big   Q 
races, all big Q tickets combining the first horse and either  of  the  place 
horses shall be eligible for exchange for big Q exchange tickets.
  (13) If there is a dead heat for place in the second race of  the   big   Q 
races, the big Q pool shall be divided, calculated, and  distributed   as   a 
place pool. Distribution shall be to the holders of  the   big   Q   exchange 
tickets combining the first horses and either  of  the   place   horses.   If 
there is a dead heat  to  place  and  there  are  no  tickets   sold   on   1 
combination, then the other combination having  winning   horses   shall   be 
declared the winner.
  (14) If no exchange tickets combine the winning horse with  either  of  the 
place horses in the dead heat, the big Q  pool  shall   be   calculated   and 
distributed as a place pool to holders of tickets combining  either  of   the 
place horses. If any exchange tickets combine both horses in  the  dead  heat 
for place, the big Q pool shall be calculated and distributed  as   a   place 
pool to holders of these tickets.
  (15) If for any reason the first race of the big Q races  is  cancelled  or 
declared "no race," a full refund shall be made from the big Q pool.
  (16) If for any reason the second of the big Q  races   is   cancelled   or 
declared "no race," the pool shall be calculated as a   straight   pool   and 
distributed among the holders of tickets combining the first  2   horses   of 
the first race of the big Q and to holders of the big Q exchange  tickets.
  (17) If there is a dead heat for the winning horses in either  of   the   2 
consecutive races for the big Q, the calculation and  distribution   of   the 
big Q pool shall be made in the manner in which any  ordinary  quinella  pool 
would be made if there were a dead heat for the win, despite  the  number  of 
horses involved in the dead heat.
  (18) The sale of big Q tickets other than  through  pari-mutuel   machines, 
including the sale by 1 individual to another, is prohibited.
  (19) There shall not be an exchange of tickets when all  4  selections   in 
the big Q are printed on a single ticket.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.2120   Superfecta.
  Rule 2120. (1) The superfecta is a contract by the purchaser of a ticket to 
select, in order, the first, second, third, and fourth place  horses  in  the 
designated superfecta race, as designated by  the  track  licensee  with  the 
approval of the commissioner.  Payment of winning tickets shall be made  only 
to the holders of the tickets who have selected the same order of  finish  as 
officially posted, except if there is a scratch or as otherwise  provided  in 
these rules.
  (2) Superfecta wagering has no connection with, or relation  to,  the  win, 
place, and show betting pools and shall be calculated as an entirely separate 
pool.  The ticket shall be labelled a superfecta ticket.
  (3) If a horse is scratched or  excused  from  racing,  additional  tickets 
shall not be sold designating such horse, and  all  tickets  previously  sold 
designating such horse shall be refunded and  the  money  deducted  from  the 
gross pool.
  (4) If no ticket is sold designating, in order, the first 4 horses,  or  if 
only 3 horses finish, the net pool shall be distributed equally among holders 
of tickets designating, in order, the first 3 horses.  If no ticket  is  sold 
designating, in order, the first 3 horses, or if only 2  horses  finish,  the 
net pool shall be distributed equally among holders of  tickets  designating, 
in order, the first 2 horses.  If no tickets are sold designating, in  order, 
the first 2 horses, the net pool shall be distributed equally  among  holders 
of tickets designating the winner.
  (5) If no ticket is sold designating the  winner  to  win,  the  superfecta 
shall be declared off and the gross pool refunded.
  (6) If there is a dead heat or dead  heats,  all  tickets  designating  the 
correct order of finish, crediting each horse in a dead heat as finishing  in 
either position involved in the dead heat, shall be winning tickets, and  the 
aggregate number of winning tickets shall be divided into the  net  pool  for 
the purpose of determining the payoff.

  History:  1985 MR 6, Eff. July 12, 1985; 2007 MR 9, Eff. May 3, 3007.


                        PART 3. THOROUGHBRED RACING


R  431.3001   Definitions; A to E.
  Rule 3001. As used in this part:
  (a) "Added money" means cash, exclusive of a trophy or other award, that is 
added by the association to stakes fees paid by subscribers to form the total 
purse for a stakes race.
  (b) "Age" means the number of years since a horse  was   foaled.   Age   is 
determined as if such horse were foaled on January 1 of the  year  in   which 
such horse was foaled.
  (c) "Breeder" means the owner of the dam of a horse  at   the   time   such 
horse was foaled. A  horse  is  bred  at  the  place  of   its   foaling.   A 
registered Michigan-bred horse is defined by R 285.810.1.
  (d) "Claiming race" means a  race  in  which  a  horse   may   be   claimed 
pursuant to the rules of the racing commissioner.
  (e) "Closing" means the time designated when all entries in a race  must be 
and remain in the race, unless excused by the stewards.
  (f) "Declaration" means the withdrawal of a horse that was  entered  in   a 
race before time of closing.
  (g) "Entry" means any of the following:
  (i) The act of nominating a horse for a race.
  (ii) A horse entered in a race.
  (iii) Two or more horses which are entered  in  a  race   and   which   are 
coupled as a mutuel entry or joined in the mutuel field pursuant to  rules of 
the racing commissioner.
  (h) "Equipment" means accouterments  other  than   the   ordinary   saddle, 
girth, pad, saddle cloth, and bridle carried by a horse and includes,  but is 
not limited to, all of the following:
  (i) Whip.
  (ii) Blinkers.
  (iii) Tongue strap.
  (iv) Muzzle.
  (v) Hood.
  (vi) Noseband.
  (vii) Bit.
  (viii) Shadow roll.
  (ix) Martingale.
  (x) Breastplate.
  (xi) Bandages.
  (xii) Boots.
  (xiii) Racing plates or shoes.
  (i) "Exhibition race" means a race between horses  of   diverse   ownership 
for which a purse is offered by  the  racing  association,   but   on   which 
pari-mutuel wagering is not permitted.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3005   Definitions; H to N.
  Rule 3005. As used in this part:
  (a) "Handicap" means a race in which weights are assigned to the  horses by 
the handicapper for the purpose of equalizing their chances of winning.
  (b) "Horse" means a thoroughbred registered as such with  the  jockey  club 
and designates any thoroughbred, irrespective of age or  sex  designation.
  (c) "Ineligible" means that a horse or a person is  not   qualified   under 
these rules or the conditions of a race  to  participate   in   a   specified 
racing activity.
  (d) "Jockey" means a rider who is currently licensed to  ride   in   races, 
whether as a journeyman or  apprentice,  or  a  probationer,   who   may   be 
permitted by the stewards to  ride  in  2  races  before   applying   for   a 
license.
  (e) "Maiden" means a horse that has never won a race on the   flat   at   a 
recognized meeting in any country. A maiden that   was   disqualified   after 
finishing first remains a maiden. Race  conditions   referring   to   maidens 
shall be interpreted as meaning maidens at the time of starting.
  (f) "Match race" means a race between 2 horses which are the property of  2 
different owners on terms agreed to by the owners.
  (g) "Nominator" means the person in whose name a horse is nominated  for  a 
sweepstakes, futurity, or produce race.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3010   Definitions; 0 to R.
  Rule 3010. As used in this part:
  (a) "Optional claiming race" means a race that is  restricted   to   horses 
which are entered to be claimed for a stated  price  or   less   and   horses 
which are entered not to be  claimed  by  the  option   designated   in   the 
conditions of the race. Where horses are entered to be  claimed,   the   race 
shall be considered a claiming race, and where horses   are   entered   under 
the option, the race shall be considered an allowance or purse race.
  (b) "Overnight race" means a race for which the entries close  72  hours or 
less, exclusive of Sundays, before the time set for the first  race   of  the 
day on which such race is to be run.
  (c) "Owner," for purposes of these rules and in  furtherance  of  promoting 
the safety, security, growth, and integrity of all horse  racing,   means   a 
legal entity with an interest in a horse or horses and   shall   not   exceed 
more than four individuals per single horse.
  (d) "Produce race" or "futurity" means a race that is to  be  contested  by 
the produce of horses which are named or  identified   before   the   closing 
time of nominations.
  (e) "Purse race" means a race for money or another prize   to   which   the 
owners of horses engaged do not contribute.
  (f) "Race" means a contest of speed among thoroughbreds for a prize.
  (g) "Race on the flat" means a race run over a course on which no  jumps or 
other obstacles are placed.
  (h) "Recognized meeting" means any meeting which  has  regularly  scheduled 
races for thoroughbreds  on  the  flat  and  which  is   licensed   by,   and 
conducted under rules promulgated by, a governmental   regulatory   body.   A 
"recognized meeting" includes a meeting in  a  foreign   country   which   is 
regulated by a racing authority which has reciprocal   relations   with   the 
jockey club and whose race records can be provided to   an   association   by 
the jockey club.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.
 


R  431.3015   Definitions; S, W.
  Rule 3015. As used in this part:
  (a) "Scratch" means the withdrawal, pursuant to these rules,  of  a   horse 
entered for a race after the time of closing.
  (b) "Scratch time" means the time set  by  the  racing   secretary   as   a 
deadline for horsemen to indicate withdrawal of a  horse   entered   from   a 
race.
  (c) "Stakes race" or "sweepstakes" means a race that closes  more  than  72 
hours in advance of its running and for which  owners   or   nominators,   or 
both, of horses that are entered or engaged for the race  contribute   to   a 
purse for which money or another prize may be added.
  (d) "Starter" means a horse in front of which the  stall   doors   of   the 
starting gate open at the time the official starter dispatches the  field.
  (e) "Starter race" means an overnight event under  allowance  or   handicap 
conditions which is restricted to horses that have  previously  started   for 
the designated claiming price or less, as stated in the  conditions  of   the 
race.
  (f) "Weight for age" means standard weight according to  the  jockey   club 
scale in R 431.3215.
  (g) "Winner of a certain sum" means the winner of a   single   race   worth 
the amount stated.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3020   Race officials.
  Rule 3020. (1) The following positions at a race meet  are  designated   as 
officials:
  (a) Three stewards.
  (b) Assistant steward.
  (c) Three placing judges.
  (d) Two or more patrol judges.
  (e) Clerk of scales.
  (f) Paddock judge.
  (g) Official starter.
  (h) Racing secretary, who may also be a handicapper.
  (i) Assistant racing secretary.
  (j) Timer.
  (k) A veterinarian representing the office of the  racing  commissioner.
  (l) A veterinarian representing the racing association.
  (m) A horse identifier.
  (n) A jockey room custodian.
  (2) In case of emergency, the association may appoint  a  substitute,  with 
the approval of the stewards, to act as the association's  official  for  the 
remainder of any program.
  (3) A person shall not be allowed in  the  stewards'   stand   or   placing 
judges' stand during the running of a race, except with  the  permission   of 
the stewards.
  (4) A person, other than a steward, shall not be in  the  stewards'   stand 
when a decision is being made on a foul claim or stewards' inquiry.
  (5) A person,  other  than  a  person  employed  in   the   developing   or 
projection of visual recordings of a race, shall not be  in  the   projection 
room while the stewards are viewing pictures to decide  a   foul   claim   or 
inquiry.
  (6) A racing official shall not be the owner or part owner   of   a   horse 
racing at a track where the official is serving.
  (7) Racing officials serving in the  capacity  of   steward,   placing   or 
patrol judges, clerk of scales, starter, and horse  identifier   shall   take 
and satisfactorily pass an optical examination within 1   year   before   the 
race meeting at which they serve. The examination shall  evidence  a  minimum 
corrected vision of 20/30 and an ability to distinguish colors  correctly.
  (8) All officials, with the exception of those appointed  by   the   racing 
commissioner, shall be  nominated  by  the  association,   subject   to   the 
approval of the racing commissioner. The racing  commissioner  reserves   the 
right to demand a change of officials for what he or she deems  to  be   good 
and sufficient reasons. The successor of an  official   so   replaced   shall 
also be subject to the approval of the racing commissioner.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3025   Stewards; duties and   responsibilities;   complaints   against 
officials.
  Rule 3025. (1) In addition to the  general  powers   specified   in   these 
rules, the stewards shall have all of the following   specific   duties   and 
responsibilities:
  (a) Taking cognizance of all misconduct  or   rule   infractions,   whether 
reported  or  not,  and  investigating  all  instances   of   possible   rule 
infractions. They shall take action as they deem necessary   to   prevent   a 
rule infraction.
  (b) At least 1 steward shall be on the grounds from scratch  time,  or,  if 
not a racing day, when entries are first taken, until entries are  closed.
At least 1 steward shall be present for  the  regular   showing   of   racing 
films or videotapes. All  3  stewards  shall  be  on  the   grounds   for   a 
continuous period beginning 2 hours before post time for   the   first   race 
and ending at the conclusion of the last race. All  3   stewards   shall   be 
present when contemplating disciplinary action.
  (c) Inspecting all applications for licenses to   participate   in   racing 
and administering, or causing to be  administered   by   qualified   persons, 
examinations of all first-time applicants  for  a   trainer's   license   and 
jockey agent's license. The  stewards  may  make   recommendations   to   the 
racing commissioner  as  to  the  qualifications  of   all   applicants   for 
licenses to participate in racing.
  (d) Reviewing registration certificates, contracts,   papers,   and   other 
documents pertaining to any of the following:
  (i) The sale or ownership of a horse.
  (ii) Payment of purse money.
  (iii) Jockey and apprentice jockey contracts.
  (iv) Appointment of agents.
  (v) Adoption of assumed names by stable owners.
  (vi) Determining the eligibility and appropriateness  for  participation in 
racing.
  (e) Requiring proof of eligibility of a horse or person  to  participate in 
a race if it is in question. In  the   absence   of   sufficient   proof   to 
establish  eligibility,  the  stewards  may  rule  the   horse   or    person 
ineligible.
  (f)  Reviewing  stall  applications  and  advising   the   association   of 
undesirable persons, if any, among owners and  trainers   applying   for   or 
granted stalls.
  (g) Supervising the taking of entries, receiving   all   declarations   and 
scratches, and determining all questions arising from   and   pertaining   to 
such entries, declarations, and scratches. The  stewards   may   refuse   the 
entry of any horse by a person, may refuse  to  permit   a   declaration   or 
scratch, or may limit entries.
  (h) Assuring that the "inquiry" sign is posted on the  infield  odds  board 
immediately after the horses have crossed the finish line in a  race  if  any 
steward or patrol judge doubts the fairness of the running  of  the  race.
The stewards shall cause the "objection" sign to be posted  on  the   infield 
odds board when an objection is lodged and shall cause the "official" sign to 
be posted on the infield odds  board  after  determining  the  official order 
of finish for purposes of the pari-mutuel payoff.
  (i) Maintaining a daily log and reporting all actions of  the  stewards  on 
all controversies which arise during the day. The reports shall  show  all of 
the following information:
  (i) The name of the track.
  (ii) Date.
  (iii) Weather.
  (iv) Track condition.
  (v) Claims.
  (vi) Rulings issued. The reports shall be signed by all  3   stewards   and 
filed with the racing commissioner's office.
  (j) Making  periodic  inspections  of  the  barn   area,   checking   track 
security, and making visits to the jockeys'  room  to   observe   and   check 
security at the weighing out. The inspections and observations made  shall be 
noted in the steward's report.
  (2) The stewards may review the patrol films or videotapes  of  each  day's 
races before commencement of the successive day's races and compile a list of 
riders who they feel should review films for  instructional  purposes.  If  a 
list is compiled, the stewards shall assure that the list is  posted  in  the 
jockeys' room.
  (3) In  the  performance  of  their  duties,  the   stewards   shall   have 
unrestricted access to all areas and grounds of the association.
  (4) A complaint against a racing official may be made to the stewards or to 
the racing commissioner. Complaints made directly to the  stewards  shall  be 
reported to the racing  commissioner,   in   writing,   together   with   any 
action taken by the stewards.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3030   Stewards; reversals of form; review  of   films;   disciplinary 
action.
  Rule 3030. (1) The stewards shall take cognizance of  marked  reversal   of 
form of all horses and shall,  at  their  discretion,  conduct  inquiries.
During inquiries, the stewards may take  into   consideration   the   betting 
action on the horse in question, shall review the  films   of   the   horse's 
previous races, and shall consider all  other  facts   they   deem   relevant 
toward making a determination as to whether the horse  being  evaluated   was 
deliberately restrained in any way by any means in previous   races   so   as 
not to win or finish as near as possible to first.  If   after   review   the 
stewards make a determination that there is a  reasonable  probability   that 
the horse in question was deliberately restrained in any way by any  means in 
previous races so as not to win or finish as near as possible to  first,  the 
stewards may take disciplinary  action  against  a  person  found   to   have 
contributed to the restraining of the horse.
  (2) If the stewards find that a horse has been  deliberately  restrained in 
any way by any means in previous races so as not to win  or  finish  as  near 
as possible to first,  these  findings  may  be  forwarded  by   the   racing 
commissioner to law enforcement authorities.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3035   Racing secretary; responsibilities and duties.
  Rule 3035. (1) The racing  secretary  is  responsible  for   all   of   the 
following:
  (a) The programming of races during the race meeting.
  (b) Compiling and publishing condition books.
  (c) Assigning weights for handicap races.
  (d) Receiving all entries, subscriptions, declarations,  and  scratches.
  (2) Duties for which the racing secretary  and  his  or   her   staff   are 
responsible include, but are not limited to, all of the following:
  (a) Safekeeping of registration certifications and   racing   permits   for 
horses, recording information required  thereon,  and   returning   them   to 
owners, or trainers if authorized by the owners, at the  conclusion  of   the 
race meeting.
  (b) Maintaining a record of all stakes fees received  and  all  arrearages, 
jockeys' fees, purchase money in claiming  races,  and   any   other   monies 
received incident to the race meeting, and  paying  over   such   monies   to 
persons entitled thereto.
  (c) Supervising the horsemen's bookkeeper's handling  of   the   horsemen's 
account.
  (d) Daily posting of entries as soon as possible after  the  entries   have 
been closed and declarations have been made.
  (e)  Assigning  stall  applicants  stabling  as   the   racing    secretary 
considers proper after consultation with the stewards,  and   maintaining   a 
record of the arrival and departure of all horses  stabled   on   association 
grounds.
  (f) Publishing the official daily program and insuring  the   accuracy   of 
the information contained therein.
  (3) The published racing program shall  contain  all   of   the   following 
information:
  (a) The sequence of races to be run and the  post  time   for   the   first 
race.
  (b) The purse, conditions, and distance for each race   and   the   current 
track record for such distance.
  (c) The names of licensed owners of each horse, with   an   indication   of 
which horses, if any, are leased.
  (d) The full name of the trainer and the jockey named   for   each   horse, 
together with the weight to be carried.
  (e) The saddle cloth number or designation for each horse,  and  the   post 
position for each horse if there is  a  variance  with   the   saddle   cloth 
designation.
  (f) Identification of each horse by name, color,  sex,   age,   sire,   and 
dam, which shall correspond to the foal certificate.
  (g) A description  of  the  racing  colors  to  be   carried,   and   other 
information  as  may  be  requested  by  the  association   or   the   racing 
commissioner.
  (4) A horse shall not appear in any official program in more than 1 race on 
the same day, except for stakes races or handicaps.
  (5) The racing secretary  shall  designate  the  price   spread   and   the 
distances and shall publish a  daily  up-to-date  list   of   horses   having 
preference and the price spread and distances of the races   to   which   the 
preference pertains.
  (6) The racing secretary or handicapper shall append to  the  weights   for 
every handicap the day and hour from which winners will  be   liable   to   a 
penalty. Alterations shall not be made after publication  of   the   program, 
except in case of omission, through clerical error or   oversight,   of   the 
name and weight of a horse duly entered. Where there is  an   omission,   the 
omission may, with the permission of the stewards,  be   rectified   by   the 
racing secretary or handicapper.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3040   Paddock judge; duties.
  Rule 3040. The paddock judge shall have  general   supervision   over   the 
paddock and be responsible for all of the following:
  (a) Keeping accurate records of all equipment a  horse   carried   in   the 
horse's previous race. Change in the equipment is permitted  only  with   the 
consent of the stewards.
  (b) Assembling the horses and jockeys in the paddock not   less   than   20 
minutes before the scheduled post time  for  the   race,   unless   otherwise 
determined by the stewards.
  (c) Assuring that the saddling of all horses is orderly,  open  to   public 
view where possible, and free from interference, and  assuring  that   horses 
are mounted at the same time and leave the paddock for the  post  in   proper 
sequence.
  (d)  Reporting  to  assigned  security  guards  the   presence    of    any 
unauthorized persons in the paddock.
  (e) Promptly reporting all rule violations to the stewards.
  (f) Inspecting the bandages of a horse.
  (g) Inspecting the feet of a horse.
  (h) Paddock schooling and the paddock schooling list.
  (i) The presence or absence of trainers in the paddock as required.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3045   Placing judges; duties.
  Rule 3045. Three racing officials shall  serve  as   placing   judges   and 
shall be in a stand directly above the finish line during  the   running   of 
each race. The placing judges shall take special note of  racing  colors  and 
distinguishing equipment carried by each horse. The  placing   judges   shall 
determine the order of the  horses  as  they  cross  the   finish   line   by 
considering the location of the  respective  noses  of   such   horses.   The 
placing judges shall cause the numbers of the first 4 horses  to  cross   the 
finish line to be flashed on the  result  board.  A   photo   finish   camera 
approved by the commissioner shall be used as an aid by the placing judges in 
determining the order of the horses as  they  cross  the  finish  line.
Placing judges may request a photo to assist  in   determining   margins   of 
less than a 1/2 however, the camera and any  photographic  reproduction   are 
merely aids to the placing judges.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3050   Patrol judges; duties.
  Rule 3050. (1) Not less than 2 racing officials shall   serve   as   patrol 
judges and shall be stationed in elevated stands at  points   designated   by 
the stewards to observe the running of each race. Each  patrol  judge   shall 
have instant radio or telephone communication with the  stewards  to   report 
observations, particularly as to any suspected  foul   riding,   during   the 
running of each race.
  (2) Patrol judges shall report to the stewards all   of   their   pertinent 
observations in each race and shall file written reports and  be  present  at 
daily visual recordings shown to race  riders,  if  so   requested   by   the 
stewards.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R 431.3055  Clerk of scales; duties; jockey weights.
  Rule 3055. (1)  The clerk of scales shall secure, regulate, and control the 
jockeys' room, the equipment therein,  and  the  personnel  permitted  access 
thereto. The clerk of   scales shall weigh all jockeys out and weigh  in  not 
less than the first 3 finishers. The clerk of scales shall accurately  record 
and   publish a scratch, overweight, change of  jockey,  and  any  change  of 
weight or racing colors from what is stated in the official program and shall 
promptly supply all racing officials  and  the  mutuel  department  with  all 
pertinent changes.
  (2)  After each race, the clerk  of  scales  shall  report  to  the  racing 
secretary or his or her representative the weights carried by  each    horse, 
with the name of each horse's jockey and the overweight, if any.   The  clerk 
of scales shall also report the post time and running time in each  race  and 
shall report any other information which may from time to time be required.
  (3)  The clerk of scales shall promptly report an infraction of  the  rules 
with respect to weight, weighing, or riding equipment to the stewards.
  (4)  A jockey's weight shall include all of the following:
  (a)  Clothing.
  (b)  Boots.
  (c)  Saddle and its attachments.
  (d)  Saddle cloth.
  (e)  Other equipment required by the stewards.
  (5)  A jockey's weight shall not include any of the following:
  (a)  Whip.
  (b)  Head number.
  (c)  Number cloth.
  (d)  Bridle.
  (e)  Safety helmet and goggles.
  (6)  The clerk of scales, with the consent  of  the  stewards,  may  permit 
clothing allowances for inclement weather.
  (7)  Seven pounds is the limit of overweight any horse is allowed to carry. 
If the weight of a rider exceeds the weight the horse is published to  carry, 
the jockey shall declare the amount of overweight to the clerk of  scales  at 
the time designated by the stewards, and the clerk of scales shall  have  the 
overweight posted and announced immediately.  A trainer has the pre-post time 
option of removing a jockey from a horse if the jockey is under  his  or  her 
training and is carrying more than 2 pounds overweight. Such removal shall be 
without penalty to the trainer. The failure of a jockey to comply  with  this 
rule shall be reported to the stewards.
  (8)  The clerk of scales shall maintain a record of the winning races of an 
apprentice jockey. At the close of  the  meeting,  or  on  departure  of  the 
jockey, the record sheet shall be attached to the rider's copy of his or  her 
contract or shall be written  into  his  or  her  certificate  and  shall  be 
released to the rider. The clerk of scales shall inform   the stewards of the 
expiration date of the apprentice jockey's apprentice allowance.

   History:  1985 AACS; 2009 MR 9, Eff. May 18, 2009.


R  431.3060   Starter; duties.
  Rule 3060. (1) The starter shall be responsible for the  fair   and   equal 
start of all horses at the scheduled starting time by  utilizing  a  starting 
gate and bell or other device activated by his or her signal. So  far  as  is 
practical, the starter shall cause all horses to be  loaded   in   order   of 
post position, but the starter may, with the permission  of   the   stewards, 
load an unruly horse out of order or may start such horse on  the  outside of 
the starting gate and 1 length behind the starting line.  By   permission  of 
the stewards, a race may be started without a starting gate.
  (2) The starter may employ assistant starters as  he   or   she   considers 
necessary and shall change the gate position  of   each   assistant   starter 
daily, without notice to the assistant starters, until the  field   for   the 
first race enters the track.
  (3) A horse shall not be permitted to start in a race  unless  approval  is 
given by the starter. The starter shall maintain a  schooling   list,   which 
shall be posted in the racing secretary's office,  of  the   names   of   all 
horses ineligible to start for want of adequate training leaving the gate.
Horses shall be schooled under the supervision of the starter   or   his   or 
her assistants.
  (4) The starter shall report to the stewards any disobedience  of  his   or 
her orders or attempts to take unfair advantage at the  starting   gate   and 
shall recommend penalties for offenders.
  (5) An assistant starter shall not handle a horse until instructed to do so 
by the starter. An assistant starter shall  not  strike  a  jockey   or   use 
abusive language when addressing a jockey.
  (6) A starter or assistant starter shall  not  accept   any   gratuity   or 
payment other than his or her regular salary, directly  or  indirectly,   for 
services in starting a race. A starter  or  assistant   starter   shall   not 
wager on a race.
  (7) The starter shall maintain a written record showing the  names  of  all 
starters during the day and  the  names  of  the   assistant   starters   who 
handled each horse. Such record shall be made available   to   the   stewards 
upon request.
  (8) The starter shall have radio or  telephone   communication   with   the 
stewards from the time the horses leave the paddock  until   the   field   is 
dispatched.
  (9) The starter may recommend to the stewards that  disciplinary  action be 
taken against any jockey, outrider,  pony  rider,  or  other  personnel under 
the starter's control.
  (10) Horses shall be schooled under the supervision of   the   starter   or 
his  or  her  assistant.  The  starter  shall  report   horses    that    are 
sufficiently schooled to start to  the  racing   secretary.   Unruly   horses 
shall be placed on the schooling list and shall not start  until  approved by 
the starter. The schooling list shall be respected in all cases.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3065   Veterinarians; duties; recordkeeping.
  Rule  3065.  (1)  The  racing  commissioner's   veterinarian   shall   have 
supervision over the taking of urine, blood, or  other   samples   from   the 
horses as may be directed by the stewards and shall be  responsible  for  the 
proper storing and delivery thereof to the designated  laboratory   and   for 
the maintenance of required records.
  (2) The racing commissioner's veterinarian or his  or  her   representative 
shall examine horses the stewards  request  him  or  her   to   examine   and 
reexamine. The  racing  commissioner's  veterinarian   is   responsible   for 
approving for release from the stewards' list all horses   that   have   been 
placed on the list because of lameness, sickness, or   injury   before   they 
may be entered to race again.
  (3) A veterinarian who is employed by the racing commissioner  or   by   an 
association shall not, during the period of his  or   her   employment,   for 
compensation or otherwise, treat or prescribe for   a   racing   thoroughbred 
horse, except in case of emergency. In an emergency, a  full   and   complete 
report shall be made to the stewards. An owner or trainer shall not employ or 
pay compensation to a  veterinarian   who   is   employed   by   the   racing 
commissioner, either directly or indirectly, during the  period   for   which 
the veterinarian is so employed by the racing commissioner.
  (4) A veterinarian who is licensed to practice on the grounds  of  a   race 
meeting licensee shall maintain veterinary records, in  duplicate,  on  forms 
prescribed by the  commissioner,  which  accurately   record   all   services 
rendered and medication prescribed and which include the name  of  the  horse 
treated, date of the treatment, and name  of  the   trainer.   Such   records 
shall be made available  to  the  stewards  or   their   representatives   on 
demand.
  (5)  A  veterinarian  shall  report   to    the    racing    commissioner's 
veterinarian  or  to  the  stewards  internal  medication   given   by    the 
veterinarian, or given at his or her direction, to a horse known  by  him  or 
her to be entered in a race. The trainer shall also make   such   report   to 
the racing commissioner's veterinarian or to the stewards. If a drug is to be 
administered internally before scratch time to a horse which  is  entered  to 
race, such fact shall be reported by the trainer or the veterinarian  to  the 
stewards or  their   representatives   before   scratch   time   and   before 
treatment. If administration of a drug is to be made after  scratch  time, it 
shall be reported to the stewards or their representatives   immediately  and 
before treatment.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3070   Pre-race examination.
  Rule  3070.  (1)  The  racing   commissioner's    veterinarian    or    the 
association's veterinarian and assistants they require  shall  examine   each 
horse listed in the overnight entries to  determine   its   eligibility   and 
fitness to race. The time of the examination is at the  discretion   of   the 
racing commissioner's veterinarian on the day of  the   race.   The   trainer 
shall have an attendant present when the veterinarian comes to  his  or   her 
stable to make a pre-race examination.
  (2) The pre-race examination shall  include,  but  not   be   limited   to, 
examination of the horse's eyes, legs, and temperature  and  observation   of 
the horse while at rest and in motion, either at a walk or while  jogging, at 
the discretion of the examiner.
  (3) Either the racing commissioner's veterinarian or  the  veterinarian  in 
the employ of the association shall be in the paddock   for   inspection   of 
the horses before a race. If, in the opinion of the assigned veterinarian,  a 
horse is not fit to race, that fact shall  be  reported   to   the   stewards 
immediately with a recommendation that the horse be scratched.
  (4) Either the racing commissioner's  veterinarian   or   the   association 
veterinarian shall be stationed  at  the  starting  gate   to   observe   the 
fitness of horses as the horses warm up for  the  race.   Any   horse   which 
breaks through the starting gate or runs  off   without   effective   control 
shall be  examined  by  the  veterinarian.  If,  in  the   opinion   of   the 
veterinarian, any horse scheduled to start is not fit to  race,   that   fact 
shall be reported to the stewards immediately with  a   recommendation   that 
the horse be scratched.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R 431.3075  Workout clockers.
  Rule 3075.   (1)  The  racing  commissioner  shall  employ  an  experienced 
clocker.  The clocker shall make a record of  all  morning  workouts  or  any 
morning trials on the main track or training track  of  the  association.   A 
record of all workouts and trials shall be presented to the racing  secretary 
by the clockers and a copy shall be delivered to the stewards.
  (2)  Every occupational licensee who  exercises  a  horse  shall  correctly 
identify to the clockers the horse he or she is exercising  and  shall  state 
the distance over which the horse is to be worked and the point at which  the 
workout is intended to begin.
  (3)  Horses working between races shall also be identified and their  times 
announced.  A horse shall not be permitted to work between races without  the 
permission of the stewards and notification to necessary officials to  ensure 
safety.
  (4)  A horse that has not started for 45 days is ineligible to  race  until 
it has completed 1 or more timed workouts satisfactory to the stewards before 
the day of the race in which the horse is entered.  If such workouts  do  not 
appear in the daily racing form, they shall be published, where possible,  in 
the track program the day of the race in which the horse is entered or  shall 
be posted in 3 places in the racing plant for public inspection.
  (5)  The stewards may scratch a horse whose recent workouts have  not  been 
properly recorded with the stewards' office.

  History:  1985 MR 6, Eff. July 12, 1985; 2007 AACS; 2009 MR 9, Eff. May 18,
2009.


R  431.3080   Horses; registration.
  Rule 3080. (1) A horse shall not be  entered  or  raced   in   this   state 
unless duly registered and named in the registry office of  the  jockey  club 
and unless the registration certificate or racing  permit   issued   by   the 
jockey club for such horse is on file with the  racing  secretary.   However, 
the stewards may, for good cause, waive this requirement if  the   horse   is 
otherwise correctly identified to the stewards' satisfaction.
  (2) A horse shall not be registered for racing in this  state  unless   the 
endorsement of the foal certificate indicates the current owner.
  (3) A horse shall not be  entered  or  raced  in  this   state   which   is 
designated by a name other  than  the  name  under  which   such   horse   is 
currently registered with the jockey club. If a horse's name  is  changed  by 
the jockey club, such horse's former name shall be  shown  parenthetically in 
the daily race program the first 3 times  the  horse  races  after  the  name 
change.
  (4) A person shall not at any time cause or permit the correct  identity of 
a horse to be concealed or altered and shall  not  refuse  to  reveal,  to  a 
racing official, the correct identity of a horse he or she owns  or  has   in 
his or her care.
  (5) A horse shall not race in this state until   properly   identified   by 
natural markings and shall not race without a legible   lip   tattoo   number 
applied by agents of the thoroughbred racing protective bureau.
  (6) A horse shall not be entered or raced in this   state   if   previously 
involved   in   either   of    the     following     situations     involving 
misidentification:
  (a) A person having control of a horse knowingly entered  or   raced   such 
horse while designated by a name other than  the  name   under   which   such 
horse was registered with the jockey club.
  (b) A person having control of a horse participated in   or   assisted   in 
the entry or racing of some other  horse  under  the   name   registered   as 
belonging to the horse in question.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3085   Horses; denerving.
  Rule 3085. (1) A horse shall not  be  entered  to  race   that   has   been 
denerved, neurectimized, desensitized, or anesthetized, at   or   above   the 
ankle, by surgery, cryosurgery, chemical block,  or  any   other   means.   A 
horse which has been subjected to any of the  procedures   stated   in   this 
subrule shall not be eligible to race, and any licensee   in   violation   of 
this rule shall be subject to disciplinary action.
  (2) A horse on which any neurectomy has been performed  below   the   ankle 
will be permitted to race if such fact is designated  on   its   registration 
certificate or racing permit.
  (3) A list of  all  denerved  horses  shall  be  posted   in   the   racing 
secretary's office. A  person  shall  not  report  a  horse   as   having   a 
neurectomy when in fact a horse has not.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3090   Horses; training hours; removal; age; breeding.
  Rule 3090. (1) A horse shall not be schooled in  the   paddock   or   taken 
onto a track for training or workout, other than   during   normal   training 
hours posted by the association, without the permission of  the  stewards.
  (2) During a race meeting, a horse shall not be  removed  from  association 
grounds without notifying the stewards and, unless released  by  the   racing 
secretary. A dead or sick horse shall  not  be   removed   from   association 
grounds  without  the  prior  approval  of    the    racing    commissioner's 
veterinarian or the stewards.
  (3) A maiden 5 years of age or older  shall  not  be   entered   or   start 
unless it has less than 6 lifetime starts.
  (4) The name of a filly or mare that has  been  covered   by   a   stallion 
shall be so reported to the racing secretary before  being   entered   in   a 
race. A list of all fillies and mares so reported, showing   the   names   of 
the stallions to which they have been bred, shall be posted  in  the   racing 
secretary's office.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3095   Horses prohibited from entry or racing.
  Rule 3095. A horse shall not be entered or raced in any  of  the  following 
situations:
  (a) The horse is not in serviceable, sound racing condition.
  (b) The horse is posted on a stewards' list  or  starter's   list   or   is 
suspended in any racing jurisdiction.
  (c) The horse is blind or has seriously impaired vision in both eyes.
  (d) The horse is not correctly identified to  the   satisfaction   of   the 
stewards.
  (e) The horse is owned wholly or in  part  by,  or  is   trained   by,   an 
ineligible person.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3101   Horses; equipment; sex alteration.
  Rule 3101. (1) Whips and blinkers shall be used in a  consistent  manner on 
a horse. Permission to change any equipment used on a  horse  from  its  last 
previous start shall be obtained from the stewards. A horse's  tongue may  be 
tied down during a race with a clean bandage or  gauze.   A   horse's  bridle 
shall not weigh more than 2 pounds. War bridles  are   prohibited.   A  horse 
shall not race in ordinary training shoes. Bar shoes may be used for racing.
  (2) A whip that weighs more than 1 pound or is  longer   than   28   inches 
with 1 popper shall not be used. Stingers or  projections  extending  through 
the hole of a  popper  or  any  metal  part  on  a  whip  are  prohibited.
Indiscriminate or brutal use of a whip on a horse, in the sole  discretion of 
the steward, is prohibited.
  (3) Any alteration of the sex of a horse shall be  promptly   reported   by 
the horse's trainer to the racing secretary. The   racing   secretary   shall 
note the alteration on the horse's registration certificate.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3105   Entries; procedures.
  Rule 3105. (1) A horse shall not start in a race unless   the   horse   has 
been and continues to be qualified to  be  entered  in   the   race.   Unless 
otherwise specified in  the  conditions  of  a  race   or   disqualified   by 
violation of these rules, a horse eligible at  the  time   of   entry   shall 
continue to be qualified, except in an overnight event, in  which  it   shall 
also be eligible at the time of start.
  (2)  Entries,  subscriptions,  declarations,  and   scratches   shall    be 
reported to the racing secretary, who shall maintain a record  of  the   time 
and receipt of such entries, subscriptions, declarations,  and  scratches.
  (3) Any entry shall be in the name of the  horse's   licensed   owner,   as 
completely disclosed and registered with the racing  secretary  under   these 
rules, and made by the owner, trainer, or the licensed  authorized  agent  of 
the owner. An authorized agent shall not be  licensed   to   represent   more 
than 2 owners, trainers, or racing interests at any one time.
  (4) Any entry shall either be in writing or transmitted  by  telegraph  and 
confirmed in writing; except that an entry may be made by  telephone  to  the 
racing secretary, but shall be confirmed in writing if the  stewards  or  the 
racing secretary so requests.
  (5) An entry shall clearly designate the horse entered.  When  entered  for 
the first time during a meeting, every horse shall be  designated  by   name, 
age, color, sex, sire, dam, and  broodmare  sire,  as   reflected   by   such 
horse's registration certificate.
  (6) An alteration shall not be made on an entry  after   the   closing   of 
entries, but an error may be corrected.
  (7) A horse shall not be entered in 2 races to be run on the  same  day.
  (8) An entry shall  not  be  accepted  for  any  horse   not   stabled   on 
association grounds where the race is  to  be  run,   unless   its   stabling 
elsewhere has been approved by the association.
  (9) In naming an entry for a produce race or futurity,   the   produce   is 
entered by specifying the dam and the sire or sires.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3110   Mutuel entries; common ties.
  Rule 3110. (1) Not more than 2 horses that have  common  ties  requiring  a 
mutuel entry shall be entered in a race. A preference for  1  of  the  horses 
shall be made when making a double entry.  Two horses that have  common  ties 
requiring a mutuel entry shall not start in a race  to  the  exclusion  of  a 
single betting interest.
 (2) In races with a purse value of  $50,000  or  more,  horses  with  common 
ownership may race as separate betting  interests.   It  shall  be  indicated 
prominently in the program if horses are trained or owned by the same person.
  (3) A trainer of any horse shall not have any  ownership  interest  in  any 
other horse in the same race, unless such horses  are  coupled  as  a  single 
wagering interest.
  (4) Where no exception exists, all horses that  have  common  ties  through 
ownership or training may be coupled as an entry in a race when  approved  by 
the stewards.  Either may be scratched up to 1 hour before post time for  the 
first race.

  History:  1985 MR 6, Eff. July 12, 1985; 2007 MR 9, Eff. May 3, 2007.



R  431.3115   Subscriptions.
  Rule 3115. (1) Nominations to or entry of a horse in a stakes  race  is   a 
subscription. Any subscriber to a stakes race may transfer  or  declare  such 
subscriptions before closing.
  (2) Joint subscriptions and entries may be made by any 1   of   the   joint 
owners of a horse, and each owner shall be jointly   and   severally   liable 
for all payments due thereon.
  (3) Death of a horse or an error in its entry when the  horse  is  eligible 
does not release the subscriber  or  transferee  from   liability   for   all 
stakes fees due thereon. Fees paid into a subscription to   a   stakes   race 
that is run shall not be refunded,  except  as  otherwise   stated   in   the 
conditions of a stakes race.
  (4) Death of a nominator or original subscriber to a  stakes   race   shall 
not render void any subscription, entry, or right of   entry.   All   rights, 
privileges, and obligations shall attach to the  successor  owner,  including 
the legal representatives of the decedent.
  (5) When a horse is sold privately or at public auction  or   is   claimed, 
stakes engagements for such horse shall be  transferred  automatically   with 
the horse to its new owner; except that if the horse is  transferred   to   a 
person whose license is suspended or who is otherwise unqualified to  race or 
enter such horse, then the subscriptions shall be void as of   the   date  of 
the transfer.
  (6) All stakes fees paid toward a stakes race shall be  allocated  to   the 
winner thereof unless otherwise provided by the conditions  for  such  stakes 
race. If a stakes race is not run for any reason,   all   the   subscriptions 
and fees shall be refunded.
  (7) The stewards shall be given a true  copy  of  the   conditions   of   a 
stakes race before the trials for such race.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3120   Closings.
  Rule 3120. (1) Entries for purse races and subscriptions  to  stakes  races 
shall close at the  time  designated  by  the   association   in   previously 
published conditions for such  races.  If  a  race  is   split,   an   entry, 
subscription, or declaration shall not  be  accepted   after   such   closing 
time; except that if there is an emergency or if a  purse   race   fails   to 
fill, then the racing secretary may extend such closing time.
  (2) If the hour of closing is  not  specified  for   stakes   races,   then 
subscriptions and declarations may be accepted until midnight of  the  day of 
closing if they are received in  time  for  compliance   with   every   other 
condition of such race.
  (3) Entries which have closed shall be compiled  without   delay   by   the 
racing secretary and, together with declarations, shall be posted.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3125   Number of starters in a race.
  Rule 3125. (1) The maximum number of starters in a race shall be limited by 
the number of horses which, in the opinion of the stewards,  considering  the 
safety of the horses and riders and the distance from the start to the  first 
turn, can be afforded a fair and equal start.
  (2) In all stakes races that draw excessive entries the   race   shall   be 
split into 2 or more races.
  (3) At tracks measuring less than a mile in circumference, not more than 10 
horses may start in any race without the consent of the  stewards,   and  not 
more than 12 horses may start under any circumstance.
  (4) A claiming race in the printed condition book for which   8   or   more 
horses representing different betting interests are entered shall be  run.
All other purse races in the printed condition book for which   6   or   more 
horses representing different betting interests are entered shall be  run.
  (5) If a purse race in the printed condition book fails to  fill  with  the 
minimum number of entries required by subrule (4) of this rule  to  be   run, 
then the association may cancel or declare off the race. The  names  of   all 
horses entered shall be made available upon request.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3130   Split or divided races.
  Rule 3130. (1) If a race is cancelled or declared  off,   the   association 
may split any race programmed for the same day and   which   may   previously 
have been closed. Races printed in the  condition  book   shall   be   filled 
before substitute and extra races.
  (2) When a purse race is split and results in 2 or  more  separate   races, 
the racing secretary shall give notice thereof not less   than   15   minutes 
before such races are closed to grant time for the   making   of   additional 
entries to such split races.
  (3) Division of entries upon the splitting of any race shall  be  made   in 
accordance with the  conditions  under  which   entries   and   subscriptions 
thereof were made. In the absence of specific   conditions,   the   following 
provisions apply:
  (a) Horses originally  joined  as  a  mutuel  entry  may   be   placed   in 
different divisions of a split race unless the person  making  the   multiple 
entry, at the time of entry, indicates the uncoupling is not  desired  if   a 
race is split.
  (b) Division of entries in any split stakes race may be  made  according to 
age or sex, or both.
  (c) Entries for a split race not  divided  by  any   method   provided   in 
subdivisions (a) and (b) of this  subrule  shall  be  divided   by   lot   to 
provide a number of betting interests as near equal as  possible   for   each 
division of a split race.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3135   Post positions.
  Rule 3135. Post positions for all races shall be determined by lot drawn in 
the presence of those making the entries for the race.   Post   positions  in 
split races also shall be redetermined by  lot  in  the  presence  of   those 
making the entries for a split race. The  racing   secretary   shall   assign 
pari-mutuel numbers for each starter to conform  with   the   post   position 
drawn, except when a race includes 2 or more horses coupled   as   a   single 
betting interest.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3140   Also-eligible list.
  Rule 3140. (1) If the number of entries for a  purse   race   exceeds   the 
number of horses permitted to start in a race as provided   by   R  431.3125, 
then the names of as many as 6 horses entered but not drawn into  a  race  as 
starters shall be posted on the entry sheet as "also-eligible"  to  start.
  (2) If any horses have been excused from a purse race at  scratch  time,  a 
new drawing shall be taken of horses on the  also-eligible   list   and   the 
starting and post position of the horses drawn from  the  also-eligible  list 
shall be determined by the sequence drawn.
  (3) The owner or trainer of a horse on the also-eligible  list   who   does 
not wish to start the horse  in  the  race  shall  so   notify   the   racing 
secretary before scratch time for such race, and such  horse  shall   forfeit 
any preference to which it may have been entitled.
  (4) Where entries are closed 2 racing days before the running of a race,  a 
horse which is on an also-eligible list and which also  has  been  drawn into 
a race as a starter for  the  succeeding  day   shall   not   be   given   an 
opportunity to be drawn into the earlier race for which the  horse  had  been 
listed as also-eligible.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3145   Preference.
  Rule 3145. (1) Horses entered that are eliminated from races  programmed in 
the printed condition book either by overfilling  or  failure  to  fill shall 
be listed by the racing secretary and given preference in subsequent races of 
similar distance and conditions.
  (2) Preference shall be given in all races, except  handicaps  and  stakes, 
according to a horse's last previous race during the  current  meeting.   The 
preference date on a horse that has drawn to race and has  been  scratched is 
the date of the race from which the horse was scratched. When   a   horse  is 
racing for the first time in the current meet, the date  of  the  first entry 
shall be considered the horse's  last  racing  date  and  preference shall be 
applied accordingly.
  (3) The preference date shall  be  claimed  at  the  time   of   entry   by 
indicating the date on the entry with the word "preferred."
  (4) Horses which are drawn into races and  those   on   the   also-eligible 
list which draw into races will receive a running   date   corresponding   to 
the date on which they are to run and will lose all dates previously held.
  (5) Horses on the veterinarian's list, stewards' list,  or  starter's  list 
cannot establish a preference date.
  (6) Preference dates remain the same regardless of a change of ownership or 
trainer.
  (7) Horses which have established  a  preference  date   at   the   current 
meeting shall lose that  preference  date  if  they   race   elsewhere.   The 
reentry of such horses will reestablish preference dates.
  (8) Horses entered in the wrong race by an owner,  trainer,  or  authorized 
agent shall lose their preference dates.
  (9) There will be no special preference dates for Michigan-bred  horses.
  (10) Preference dates will not be carried for a period of  more   than   30 
days. The stewards  will  make  a  final  determination  in   a   matter   of 
interpretation of preference dates.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3150   Arrearage of fees.
  Rule 3150. Except by joint approval of  the  racing   secretary   and   the 
stewards, a horse shall not be entered or raced if the owner is in arrears in 
stakes fees due.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3155   Declarations.
  Rule 3155. Withdrawal of a horse from  a  race  before   closing   by   the 
owner, trainer, or authorized agent shall be made in the same  manner  as  to 
form,  time,  and  procedure  as  provided  for  the  making  of  entries.
Declarations and scratches are irrevocable. A declaration fee  shall  not  be 
required by an association.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3160   Scratches.
  Rule 3160. Withdrawal of a horse from a race after closing  by  the  owner, 
trainer, or authorized agent shall be permitted only  under   the   following 
conditions:
  (a) A horse may be scratched from a stakes race for any reason up  until 45 
minutes before post time  for  the   race   by   filing,   in   writing,   an 
intention to scratch with the clerk of scales.
  (b) A horse shall not be scratched from a purse race  without  approval  of 
the stewards and unless the  intention  to  scratch  has   been   filed,   in 
writing, with the racing secretary at or  before   the   time   conspicuously 
posted as scratch time. A scratch of 1 horse coupled in a mutuel entry  in  a 
purse race is permitted up to 1 hour before  post  time  for  the  first race.
  (c) In purse races, horses that are physically disabled  shall  be  excused 
first. If more than 10 interests remain in the 2  daily   double   races   or 
trifecta races or more than 8 interests remain in  the   remainder   of   the 
races, owners or trainers may scratch to those  limits   by   the   specified 
scratch time of the day of the race. The  privilege  to   scratch   will   be 
determined by lot when necessary.
  (d) Any horse that has been excused from starting   because   of   physical 
disability or sickness shall not be entered in any race until declared fit by 
the veterinarian representing the racing commissioner.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3165   Eligibility; allowances; penalties.
  Rule 3165. (1) In determining  eligibilty,   allowances,   and   penalties, 
only reports, records, and statistics as published  in   the   daily   racing 
form monthly chart records,  a  corresponding  publication   of   a   foreign 
country, or sworn statements as specified in  subrule  (2)   of   this   rule 
shall be considered, unless otherwise provided by the published conditions of 
the race. Interpretations of the conditions of a race when in  dispute, shall 
be made by the racing secretary with approval of the stewards.
  (2) If during the previous calendar year, or if at any time  for  a  maiden 
race, a horse has started in a race which is not  reported   in   the   daily 
racing form monthly chart books, the horse shall not be   entered   to   race 
until the owner has furnished the racing secretary, not less  than  48  hours 
before the  entry,  performance  records  showing  all   of   the   following 
information:
  (a) Where and when the horse raced.
  (b) The distance.
  (c) The weight carried.
  (d) Amount earned.
  (e) The horse's finishing position and  time.   The   performance   records 
shall be signed and sworn to by the owner of the horse.
  (3) Penalties and allowances are not cumulative unless   so   declared   by 
the conditions of the race and shall take effect at the  time  of   starting, 
except that in overnight events, a horse shall have only  the  allowance   it 
was entitled to at the time of entry.
  (4) Penalties are obligatory. Allowances are optional as to  all   or   any 
part of the allowance thereof, and, in overnight events, allowances  shall be 
claimed at the time of entry.
  (5) Allowances to the produce of untried horses shall  be  claimed   before 
the expiration of the time of the naming and shall not be  lost  by   winning 
after that time.
  (6) A horse shall not receive allowances of weight or  be   relieved   from 
extra weight for having been beaten in 1 or  more  races,   but   this   rule 
shall not prohibit maiden allowances or allowances to horses  that  have  not 
won a race within a specified period or a race of a specified value.
  (7) When a race is in dispute, both the horse that   finished   first   and 
any horse for which the race is authoritatively claimed shall  be  liable  to 
all penalties attached to the winning of that race  until   the   matter   is 
decided.
  (8) When winners of  claiming  races  are  exempt   from   penalties,   the 
exemption shall apply to the winners of optional claiming   races   only   if 
such winner was entered to be claimed.
  (9) For every handicap, the handicapper shall append to  the  weights   the 
day and hour from which winners will be liable to a penalty, if  any,  and an 
alteration shall not be made   after   publication,   except   in   case   of 
omission through error of the name or weight of a horse entered.  In  case of 
such omission, and by permission of  the  stewards,  the  omission   may   be 
rectified by the handicapper.
  (10) Penalties shall not be recognized against horses,  except  maidens, or 
apply to jockeys in respect to the apprentice  allowance,  for  winning races 
on minor tracks. In determining which tracks are minor  tracks,   the  racing 
commissioner may consider tracks that are not reported in  the  daily  racing 
form or corresponding foreign publications.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3170   Michigan-bred races; preference.
  Rule 3170. (1) Michigan-bred horses shall be allowed  5   pounds   in   all 
overnight races. A Michigan-bred horse, for purposes  of  weight  allowances, 
breeders' awards, and state supplements, is defined by R 285.810.
  (2) Horses winning races at recognized county, district, or state  fairs in 
Michigan shall  not  be  penalized   for   such   winnings   in   races   run 
hereafter under the jurisdiction of the racing   commissioner.   The   maiden 
allowance, however, shall be lost by winning a race at any fair recognized by 
the Michigan department of agriculture.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3175   Winnings; computation.
  Rule 3175. (1) Winnings include all prizes for finishing first  up  to  the 
time appointed for the start and shall apply to  all  races,   but   do   not 
include the value of any prize which is not money or which is  not  paid   in 
money. Winnings during the year  shall  be  reckoned   from   the   preceding 
January 1.
  (2) A horse shall not be penalized for having been beaten in a race.
  (3) The winnings of a horse in a stake race shall  be   computed   in   the 
value of the gross earnings.
  (4) In determining the value of a series of races in which an extra  sum of 
money is won by winning 2 or more races of the series, the extra amount shall 
be added to the purse of the  last  race  by  which  the  money  was  finally 
won.
  (5) If there is a dead heat, each horse shall be a winner   only   of   the 
amount received by the owner.
  (6) Foreign winnings shall be calculated on the basis   of   the   official 
rate of exchange on the day of winning.
  (7) If a race is not run or is void, stakes, forfeit,  and  entrance  money 
shall be returned.
  (8) A race may be declared void if no qualified horse  covers  the   course 
according to rule.
  (9) Purse money, prize money, or an award  of  any  kind   shall   not   be 
distributed until results of the specimen and  urine   tests   are   reported 
from the designated laboratory. The racing commissioner  shall   notify   the 
race meet licensee in writing if further delay is necessary.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3180   Claiming races generally.
  Rule  3180.  (1)  The  primary  purpose  of  claiming    races    is    the 
classification of horses.
  (2) In a claiming race, a horse is subject  to  claim   for   its   entered 
price by any owner or racing interest in good  standing   who   is   properly 
licensed. An owner may claim out of his or her initial race.
  (3) An individual or racing interest which seeks to  make   a   claim   and 
which otherwise is not eligible as set forth in these  rules   may   do   so, 
after filing proper license applications, by complying  with   all   of   the 
following provisions:
  (a) Depositing an amount not less than the minimum claiming  price  at  the 
race meeting with the horsemen's bookkeeper. Such amount  shall   remain   on 
account until a claim is made or  permission  to  claim   has   expired.   If 
withdrawal of such amount occurs, any permit issued pursuant to this  rule is 
automatically revoked and terminated.
  (b) Submitting to the stewards, in writing, the name of  a  trainer   whose 
Michigan license is currently in  full  force  and  effect   and   who   will 
represent the individual or racing interest that desires to  make   a   claim 
once the claim is made.
  (c) Securing from the stewards a written claiming  permit   which   is   in 
full force and effect at the time a  claim  is  made   by   the   individual, 
interest, or a trainer or agent representing the individual  or  interest.
  (4) Before issuing a claiming permit, the stewards shall determine  that an 
individual qualifies for an  occupational   license   and   permit   by   the 
standards of occupational licensing. A claiming permit shall  take  effect 10 
days after issue and shall not be issued for more than 30 days.
  (5) A claim may be made on behalf of an owner by an  authorized  agent   or 
trainer, but an agent or trainer may claim only for the  account   of   those 
for whom he or she is licensed as agent, and the name   of   the   authorized 
agent as well as the name of the owner for whom the claim   is   being   made 
shall appear on the claim slip.
  (6) A licensee shall not claim his or her own horse or cause  his  or   her 
own horse to be claimed, directly  or  indirectly,  for  his   or   her   own 
account.
  (7) A person shall not claim more than 1  horse  from  any   1   race.   An 
authorized agent, although representing several owners,  shall   not   submit 
more than 1 claim for any 1 race. When a stable consists of  horses  owned by 
more than 1 person and trained by the same trainer,  not  more  than  1 claim 
may be entered on behalf of such stable in any 1 race.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3195   Claiming price.
  Rule 3195. The claiming price of each horse in a claiming  race  shall   be 
printed in the official program and a claim for the horse shall  be  for  the 
amount so designated.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3201   Claiming; form; accuracy; time of deposit.
  Rule 3201. (1) A claim shall be made in writing on a form  in  an  envelope 
furnished by the association and approved by the  racing  commissioner.  Both 
form and envelope shall be filled  out  completely   and   shall   accurately 
identify the  claim.  A  form  and  envelope  which  are   not   filled   out 
completely or which does not accurately identify  the   claim   renders   the 
claim void.
  (2) A claim shall be deposited in the claim box not less  than  15  minutes 
before post time of the race to which the claim pertains.   The   claim   box 
shall be removed from the counter of the  racing   secretary's   office   not 
less than 15 minutes before post time of the race, as   determined   by   the 
official track clock showing post time. If the clock stamp  at  the   counter 
which imprints the date, hour, and minute is used to indicate  the  date  and 
time the claim envelope is  deposited,  the  time  stamped   on   the   claim 
envelope shall be not later than 15 minutes before post time of the  race.
  (3) Money or its equivalent shall not be put in the  claim   box.   For   a 
claim to be valid, the person making the claim shall have a credit balance in 
his or her account with the association's horsemen's bookkeeper of  not  less 
than the amount of the claim.
  (4) A claim is irrevocable.
  (5) The stewards or their designated representative shall  open  the  claim 
envelopes for each race as soon as, but not until, the horses  for  the  race 
enter the track on the way from the paddock to post.
  (6) An official or other employee of an association shall  not   give   any 
information as to the filing of claims until the race has been run.
  (7) Title to a claimed horse shall be vested in the successful  claimant at 
the time the horse becomes a starter. A horse is  a  starter  when  the stall 
doors of the starting gate open in front of the  horse   at   the   time  the 
starter dispatches the horses.
  (8) A claimed horse shall run in the interest and for the  account  of  the 
owner who entered it.
  (9) A claim that is not made in compliance with these rules  is  void.  The 
stewards, at any time, may require any person filing a claim  to  present   a 
written affidavit that he or she is claiming pursuant to  these  rules.   The 
stewards shall be the judges of the validity of a claim.
  (10) If a claimed horse is excused by the stewards before  the   start   of 
the race, a claim for such horse is void.
  (11) A horse that has been claimed shall be taken, after   the   race   has 
been run, to the paddock for delivery to the claimant.  The  claimant   shall 
present written authorization for the claim from the  racing   secretary.   A 
person shall not refuse to deliver to the person legally entitled  thereto  a 
claimed horse, and the horse is disqualified until delivery is made.
  (12) If more than 1 valid claim is filed for the same   horse,   title   to 
the horse shall be determined by lot under the supervision of 1  or  more  of 
the stewards or their  representatives.  Claimants  shall   be   allowed   to 
inspect claim forms apparatus used in the drawing of lot   and   be   present 
for the draw.
  (13) Notwithstanding any incorrect designation of sex or  age  appearing in 
the racing program or in any racing  publication,  the  claimant  of  a horse 
shall be solely responsible for determining the age or  sex   of   the  horse 
claimed.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3205   Claiming; reentry; additional restrictions.
  Rule 3205. (1) For a period of 30 days  after  claim,   a   claimed   horse 
shall not start in a race in which the determining   eligibility   price   is 
less than 25% more than the price at which it was claimed.  The  day  claimed 
shall not count, but the following calendar day shall be   the   first   day, 
and the horse shall be entitled to enter when necessary so  that  the   horse 
may start on the 31st calendar day following the claim,  for   any   claiming 
price. This subrule does not apply  to  starter  handicaps   in   which   the 
weight to be carried is assigned by the handicapper. A similar  rule  in  any 
other state shall be recognized.
  (2) A horse claimed in another state before racing in  this  state   shall, 
while racing in this state, pay any additional penalty   imposed   by   these 
rules.
  (3) A claimed horse is not eligible to race  in  any   state   other   than 
Michigan for a period of 60 days from the date of claim or  until  after  the 
close of the meeting at which it was claimed.
  (4) A claimed horse shall not be sold or transferred, wholly or in part, to 
anyone within 30 days after the day  it  was  claimed,  except   in   another 
claiming race.
  (5) A claimed horse shall not remain in the same  stable   or   under   the 
care or management of the owner or trainer from whom claimed.
  (6) When a horse is claimed, its engagements are included.
  (7) A person who enters or who allows to be entered, in a claiming race,  a 
horse against which claim is held by mortgage, bill of sale, or lien  of  any 
kind is  subject   to   disciplinary   action,   unless,   when   or   before 
entering the horse, the written consent of the  holder   of   the   mortgage, 
bill of sale, or lien is filed with the racing secretary.
  (8) A person shall  not  enter  a  horse  in  a   claiming   race   without 
disclosing the horse's true ownership. When a horse is claimed, the change of 
ownership of a horse entered in a claiming race by someone who does not  have 
undisputed possession of the horse  shall  not  be  considered  after closing 
time for claims of that race.
  (9) A person shall not enter into or offer to enter   into   an   agreement 
not to claim, or attempt to prevent  another  person   from   claiming,   any 
horse in a claiming race. A person shall not attempt,  by  intimidation,   to 
prevent anyone from running a  horse  in  any  claiming   race.   An   owner, 
trainer, or authorized agent shall not  make  an   agreement   with   another 
owner, trainer, or authorized agent for the  protection   of   each   other's 
horses in a claiming race.
  (10) If a stable registered at  a  meeting  is  eliminated   by   sale   or 
removal from the grounds, the right to claim is void. When   a   stable   has 
been  eliminated  by  claiming,  the  owner  so  affected   may   obtain    a 
certificate from the stewards of the meeting and, on  presentation  of   that 
certificate, the owner shall be entitled  to  claim  during   the   next   30 
racing days at any recognized meeting in this state, until he  or   she   has 
claimed a horse or has acquired a  horse  by  some   other   means.   Stables 
eliminated by fire and other hazards may also be permitted by the stewards to 
claim under this rule.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3210   Dead heats.
  Rule 3210. (1) When a race results in a dead heat for  first   place,   the 
dead heat shall not be run off and  the  owners  shall   divide   first   and 
second money.
  (2) When 2 horses run a dead heat for first place, all  prizes   to   which 
the first and second horses would have  been  entitled   shall   be   divided 
equally between the 2 horses. This  subrule  applies   in   dividing   prizes 
regardless of the number of horses running a dead heat for  second  place.
They shall divide the second and third money.
  (3) If the dividing owners cannot agree which owner is to have  a  cup   or 
other prize which cannot be divided, the question shall  be   determined   by 
the stewards by lot.

   History:  1985 AACS.

  Editor's  note:  R 431.1001  to  R 431.4290  were   originally   filed   on 
June 20, 1985. The rules were withdrawn and refiled on June 26, 1985.


R  431.3215   Weights.
  Rule 3215. (1) When the conditions  of  a  race  do  not   state   to   the 
contrary, the weights set up by the jockey club are adopted  as  weights   by 
the racing commissioner and apply as follows:

                        Jan/    Mar/
          Nov/ Distance        Age     Feb     Apr     May     June    July   
 Aug     Sept
  Oct     Dec

One-half mile   2       x       x       x       x       x       105     108
  111     114
                3       117     119     121     123     125     126     127
  128     129
                4       130     130     130     130     130     130     130
  130     130
                5       130     130     130     130     130     130     130
  130     130
             and up

Six furlongs    2       x       x       x       x       x       102     105
  108     111
                3       114     117     119     121     123     125     126
  127     128
                4       129     130     130     130     130     130     130
  130     130
                5       130     130     130     130     130     130     130
  130     130
             and up

One mile        2       x       x       x       x       x       x       96
  99      102
                3       017     111     113     115     117     119     121
  122     123
                4       127     128     127     126     126     126     126
  126     126
                5       128     128     127     126     126     126     126
  126     126
              and up

One and one-    2       x       x       x       x       x       x       x
  x       x quarter miles   3       101     107     111     113      116      
118     120
  121     122
                4       125     127     127     126     126     126     126
  126     126
                5       127     127     127     126     126     126     126
  126     126
             and up

One and one-    2       x       x       x       x       x       x       x
  x       x half miles      3       98      104     108     111      114      
117     119
  121     122
                4       124     126     126     126     126     126     126
  126     126
                5       126     126     126     126     126     126     126
  126     126
              and up

Two miles       3       96      102     106     109     112     114     117
  119     120
                4       124     126     126     126     126     125     125
  124     124
                5       126     126     126     126     126     125     125
  124     124
              and up


Weights for the shorter distances are carried  in   races   of   intermediate 
lengths.
  (2) For a race in which horses are 2 years old, the weight  is  122  pounds 
and for 3 year olds or 4 year olds, 126 pounds.
  (3) Fillies 2 years old are allowed 3 pounds and mares 3   years   old   or 
over are allowed 5 pounds before, and 3 pounds after, September 1,  except in 
handicaps and in races where the conditions expressly state  otherwise.

   History:  1985 AACS.

 

R  431.3220   Jockeys; probationary mounts.
  Rule 3220. Any person who wishes to participate as a jockey  and  who   has 
never previously ridden in a race may be permitted  to  ride   in   2   races 
before the issuance of a license as an apprentice jockey  if   all   of   the 
following conditions have been satisfied:
  (a) Such person is a licensee with at least 1 year  of   service   with   a 
racing stable.
  (b) A licensed trainer certifies, in writing, to the  stewards  that   such 
person has demonstrated  sufficient  horsemanship  to   be   permitted   such 
probationary mounts.
  (c) The starter has schooled such person breaking from  the  starting  gate 
with other horses and approves such person as capable of  starting  a   horse 
properly from the starting gate in a race.
  (d) The stewards, in their sole discretion, are   satisfied   such   person 
intends to become a licensed jockey, possesses the  physical   ability,   and 
has demonstrated  sufficient  horsemanship  to  ride  in   a   race   without 
jeopardizing the safety of horses or other riders in such  race.   A   person 
shall not be permitted to ride in  any  such   probationary   races   without 
prior approval of the stewards.

   History:  1985 AACS.



R  431.3225   Jockeys; licensing qualifications.
  Rule 3225. In addition to rules applicable to licensees  in   part   1   of 
these rules, a holder of a license as a jockey or  apprentice  jockey   shall 
comply with all of the following provisions:
  (a) Be 16 years of age or older.
  (b) Be licensed under his or her legal name, which shall   be   listed   in 
the daily race program.
  (c) Have served at least 1 year with a racing stable.
  (d) Have ridden in not less than 2 races.
  (e)  When  required  by  the  stewards,  provide   a   medical    affidavit 
certifying that the  applicant  is  physically  and   mentally   capable   of 
performing the activities and duties of a licensed jockey.
  (f) Shall be under contract or have an apprentice certificate.

   History:  1985 AACS.



R  431.3230   Apprentice allowance.
  Rule 3230. (1) Any person 16 years of age or older who   has   never   been 
previously licensed as a jockey in any country and who  is  qualified   under 
the provisions of R 431.3225 may claim in all purse  races,   except   stakes 
and handicaps, the following weight allowances:
  (a) Five pounds. This allowance shall continue for 1 year from the  date of 
the apprentice jockey's fifth win. If  the  apprentice  has  not  ridden   40 
winners in the 1-year period, the allowance shall continue for  a  period  of 
not more than 3 years from the date of the apprentice's first  win  until  he 
has ridden 40 winners. Wins at race meets where the rules   do   not   permit 
apprentice allowances shall  not  count  as  wins  with   respect   to   this 
subdivision.
  (b) After completion of the conditions specified in  subdivision   (a)   of 
this subrule, a contracted apprentice, for 1 year, may claim  3  pounds  when 
riding horses owned or trained by his or her original  contract  employer.
The holder of the contract at the time an  apprentice  rides   his   or   her 
first winner shall be considered the original contract employer.
  (2) An apprentice jockey may enter into a contract with a licensed owner or 
licensed trainer qualified under R 431.3235 for a period  of  not  less  than 
3, nor more than 5,  years.  Such  contracts  shall  be   approved   by   the 
stewards and filed with the racing commissioner. Such  contracts   shall   be 
binding in all respects on the signatories thereof. An  apprentice   who   is 
not contracted shall be given an apprentice jockey certificate  on   a   form 
furnished by the commissioner.
  (3) If an apprentice is unable to ride for a period   of   14   consecutive 
days or more because of service in the armed forces of  the  United   States, 
physical disablement, or  restrictions  on  racing,   the   stewards,   after 
consultation with the racing authority which first  approved   the   original 
apprentice contract or certificate, may extend the time  during  which   such 
apprentice weight allowance may be claimed for a period   not   longer   than 
the period such apprentice jockey was unable to ride.
  (4) After satisfying the conditions specified in  subrule   (1)   of   this 
rule, a rider shall be issued a  license  as  a   jockey   before   accepting 
subsequent mounts. Under these circumstances, the  racing  commissioner   may 
waive collection of an additional license fee.

   History:  1985 AACS.


R  431.3235   Jockey contracts.
  Rule 3235. A contract between an  employer,  owner  or   trainer   and   an 
employee jockey is subject to the rules of racing.   All   riding   contracts 
for terms longer than 30 days,  as  well  as  any   amendments   thereto   or 
cancellation or transfer thereof, shall be in writing   and   shall   contain 
notarized signatures of all parties to the contracts. A  contract  shall   be 
approved by the stewards and  filed  with  the   racing   commissioner.   The 
stewards may approve a riding contract and permit persons  to  participate in 
racing in this state if the stewards  find  that   all   of   the   following 
provisions are satisfied:
  (a) The contract employer is a licensed owner or   licensed   trainer   who 
owns or trains not less than 3 horses which are eligible to   race   at   the 
time of execution of such contract.
  (b) The contract employer possesses the  character,  ability,   facilities, 
and financial responsibility conducive  to  developing   a   competent   race 
jockey.
  (c) The contract provides fair remuneration, adequate medical care,  and an 
option equally available to both  employer  and   jockey   to   cancel   such 
contract after 2 years from date of execution.

   History:  1985 AACS.


R  431.3240   Jockey restrictions.
  Rule 3240. A jockey shall not do any of the following:
  (a) Ride any horse not owned or trained by his or her contract  employer in 
a race against a  horse  owned  or   trained   by   his   or   her   contract 
employer.
  (b) Ride or agree to ride any horse in a race without the consent of his or 
her contract employer.
  (c) Share any  money  earned  from  riding  with  his   or   her   contract 
employer.
  (d) Accept any present, money, or reward of any kind  in  connection   with 
his or her riding  of  any  race,  except  through  his   or   her   contract 
employer.

   History:  1985 AACS.


R  431.3245   Calls and engagements.
  Rule 3245. (1) Any jockey who is not prohibited by   prior   contract   may 
agree to give first or second call on his or her  racing-riding  services  to 
any licensed owner or trainer. Such agreements, if for terms of more  than 30 
days, shall be in writing, approved by  the  stewards,  and  filed  with  the 
racing commissioner.
  (2) A jockey employed by a racing stable on  a   regular   salaried   basis 
shall not ride against the stable which employs him or her.   An   owner   or 
trainer shall not employ or engage a jockey to prevent  him   or   her   from 
riding another horse.
  (3) Employers retaining the same jockey  have   precedence   according   to 
priority of the retainers as specified in the contracts.
  (4) Conflicting claims for the services of a jockey shall  be  decided   by 
the stewards and such decision is final.

   History:  1985 AACS.


R  431.3250   Jockeys' room; reporting.
  Rule 3250. (1) A jockey who has engagements to ride  shall,  upon  entering 
the grounds, report directly to the scale room at the  time   designated   by 
the clerk of scales. After making weight, a jockey  shall   not   leave   the 
jockeys' room  until  all  engagements  for  the  day  have  been  filled.
Immediately before mounting, a jockey shall test his or her  weights  on  the 
scales provided for that purpose. Failure  to  test  his   or   her   weights 
subjects a jockey to possible disciplinary action.
  (2) A jockey shall not reenter the jockeys' room once his  or   her   day's 
engagements are completed.
  (3) A jockey shall wear the colors of the owner of the horse he  or  she is 
riding, unless permitted by the stewards to do otherwise.
  (4) The association shall make arrangements for  valets   to   attend   the 
jockeys. Valets shall be paid for their services by  the   association.   The 
valets shall work on a rotation system prepared by the   custodian   of   the 
jockeys' room.
  (5) The valets  shall  be  uniformly  and  neatly   attired   in   uniforms 
provided by the association and approved by the racing commissioner.

   History:  1985 AACS.


R  431.3255   Jockeys' room custodian; duties.
  Rule 3255. (1) It is the duty of the association, through  the  services of 
the jockeys'  room  custodian,   to   assure   that   order,   decorum,   and 
cleanliness are maintained in the jockeys' and scale rooms.
  (2) The custodian shall assist the clerk of scales as the clerk desires.
  (3) The custodian shall make certain  that  persons   other   than   racing 
officials, representatives of the racing commissioner,  and   the   necessary 
jockeys' room attendants are not admitted to the jockeys'  room   after   the 
designated time of a race day without the consent of the  stewards  for  each 
time of entry.
  (4) The custodian shall oversee the  care  and  storage   of   all   racing 
colors.
  (5) The custodian shall oversee the jockey valets.
  (6) The custodian shall report any irregularities to the  clerk  of  scales 
that occur in his or her presence.
  (7) The custodian shall make certain that jockeys are  neat  in  appearance 
when they leave, under escort, to observe the running of  a  race.   Gambling 
and games of chance are not permitted in the jockeys' room.
  (8) A person employed in the jockeys' room shall  not  make   a   bet   for 
himself or herself or place a bet for another on any race  under  penalty  of 
disciplinary action, including license revocation.

   History:  1985 AACS.


R  431.3260   Racing equipment.
  Rule 3260. (1) A jockey riding in a race shall wear a safety  helmet  of  a 
type approved  by  the  racing  commissioner,  on   recommendation   of   the 
stewards, and a change in a helmet shall not be made without the  approval of 
the stewards. A jockey, apprentice jockey,  or  any  other   rider   in   the 
course of exercising or ponying a thoroughbred horse is required  to  wear an 
approved safety helmet.
  (2) A whip, blinkers, or number cloth is not allowed on   the   scales.   A 
bridle or safety helmet approved by the racing commissioner  shall   not   be 
weighed.
  (3) The use of spurs is prohibited.

   History:  1985 AACS.


R  431.3265   Wagering; attire; film review.
  Rule 3265. (1) A rider shall not place a wager, cause the  placement  of  a 
wager placed on his or her behalf, or accept any ticket or  winnings  from  a 
wager on any race, except on his or her own mount and  except   through   the 
owner or trainer of the horse he or she is riding.
  (2)  A  jockey  who  is  proven,  to  the  satisfaction   of   the   racing 
commissioner, to have engaged in any forbidden wagering  transaction  or   to 
have received any remuneration, gratuities,  or   incentive   in   connection 
with a horse race from persons other than the owner or trainer  of  a   horse 
ridden by such jockey shall be subject to disciplinary action.
  (3) Upon leaving the jockeys' room to ride in any race, a  jockey  shall be 
neat and clean in appearance and wear the  traditional  jockey  costume  with 
all jacket buttons and catches fastened. A jockey shall  wear  the   cap  and 
jacket racing colors registered in the name of the owner of the  horse he  or 
she is to ride, stock tie, white breeches, top boots, safety  helmet approved 
by the racing commissioner, and a number  on  his  or   her   right  shoulder 
corresponding to his or her mount's number shown  on  the  saddle  cloth  and 
in the daily racing program. In an  emergency,  an  association  may  provide 
substitute colors.
  (4) A jockey shall be responsible for checking the film  list   posted   by 
the stewards in the jockeys' room the day after  riding  in   a   race.   The 
posting of the list is to be considered notice to all  riders   whose   names 
are listed thereon to present themselves at the  time   designated   by   the 
stewards to view the patrol films or videotapes of races.

   History:  1985 AACS.


R  431.3270   Jockey fees.
  Rule 3270. (1) A dispute as to whether or not the jockey has earned  his or 
her fee after he or she has weighed out for the race will  be  determined  by 
the stewards according to the circumstances in each case.
  (2) When a jockey weighs out and does not ride in a race for  which  he  or 
she has been engaged because an owner or trainer engaged more  than  1  rider 
for the same race, the  owner  or  trainer  may  be  required   to   pay   an 
appropriate fee to each rider engaged for such race. A  jockey  shall   honor 
his or her contractual  agreements.  Whether  a  fee  is   earned   will   be 
determined by the contract.

   History:  1985 AACS.


R  431.3275   Jockey agents; restrictions.
  Rule 3275. (1) Jockeys may make their own engagements  or  the  engagements 
may be made by a licensed agent or contract employer. A  jockey   agent   may 
act for 1 journeyman jockey and 1 apprentice  jockey  or  may   act   for   2 
journeymen, upon approval of the stewards.
  (2) A jockey agent shall not be allowed in the paddock or jockeys'  room at 
any time.
  (3) A jockey agent shall maintain separate and accurate  records   of   all 
engagements contracted for jockeys he or she represents and  shall,  at   all 
times, have these records available for examination by   the   stewards   and 
the racing commissioner.
  (4) Inaccuracies  or  the  failure  to  maintain  records   in   a   manner 
satisfactory to the stewards may result in  disciplinary  action,   including 
license revocation.
  (5) When a jockey dismisses  a  jockey  agent,  the   jockey   shall   give 
immediate notice to the stewards in writing. Failure of the  jockey  to  give 
notice is punishable by disciplinary action.
  (6) A jockey agent shall not enter a horse in any race unless he or  she is 
appointed as an authorized agent  for   the   owner,   trainer,   or   racing 
interest. A jockey agent will be appointed as an authorized  agent  for   not 
more than 2 owners, trainers, or racing  interests  at  any   one   time.   A 
jockey agent's license and authorized agent appointment are invalid if  he or 
she is not representing a jockey currently participating  at  the  race meet.

   History:  1985 AACS.


R  431.3280   Fulfilling engagements.
  Rule 3280. Every jockey  shall  fulfill  his  or   her   scheduled   riding 
engagements, unless excused by the stewards. A jockey shall not be  forced to 
ride a horse he or she believes to be unsafe, but if the stewards  find  that 
a jockey's refusal to  fulfill  a   riding   engagement   is   based   on   a 
personal belief unwarranted by the facts and   circumstances,   such   jockey 
may be subject to disciplinary action.

   History:  1985 AACS.


R  431.3285   Temporary suspensions.
  Rule 3285. The stewards, in their discretion,  may   permit   a   suspended 
jockey to fulfill, on the 2 days following the issuance  of  the  suspension, 
all engagements made for the 2 days before the suspension.

   History:  1985 AACS.


R  431.3290   Paddock to post.
  Rule 3290. (1) A horse shall not start unless the trainer  and  the   owner 
are licensed by the racing commissioner. A trainer who is absent from  his or 
her stable or from the grounds where his or her horses are  racing  for  more 
than 2 consecutive racing days, and whose horses are entered  or  are  to  be 
entered,   shall   provide   a   licensed   trainer   to   assume    complete 
responsibility for the horses being  entered  or   running.   Such   licensed 
trainer shall sign, in the presence of the stewards, a  form   furnished   by 
the racing commissioner accepting complete responsibility  for   the   horses 
entered or running.
  (2) A horse shall wear  head  numbers  in  a  race  when   the   track   is 
officially rated sloppy or muddy.
  (3) Every horse entering the paddock to race shall be   inspected   as   to 
its shoeing, if  any.  An  unshod  horse  may  race.   Training   shoes   are 
prohibited.
  (4) All horses shall parade and carry their weight from  the   paddock   to 
the starting post. A horse that fails to do so may be  disqualified  by   the 
stewards.
  (5) After entering the track, not more than 12 minutes  shall   elapse   in 
the parade of horses to the post, except in cases  of  unavoidable  delay.
After passing the stand once, horses are allowed to   break   formation   and 
canter, warm up, or go as they  please  to  the  post.   When   horses   have 
reached the post, they shall be started without unnecessary delay.
  (6) Each association shall employ not less than 2   outriders   to   escort 
starters to the post and to assist in the returning of all  horses   to   the 
unsaddling area. An outrider  shall  not  lead  any  horse   that   has   not 
demonstrated unruliness, but shall assist in  the  control   of   any   horse 
which might cause injury  to  a  jockey  or  others.   Outriders   shall   be 
required to be present on the racing strip, mounted, and ready  to  assist in 
the control of any unruly horse or to recapture any loose horse at  all times 
horses are permitted on the racing strip for exercising  or  racing.
  (7) The horses are under the control of the starter after  they  leave  the 
paddock until the start and are not entitled to further   care   from   their 
attendants, except that, in case of an accident, the   starter   may   permit 
jockeys to dismount and may permit horses  to  be  cared   for   during   the 
delay. Other than this exception, a  jockey  shall   not   dismount.   Unruly 
horses shall be placed on the schooling list.
  (8) The starter is required to load horses in the starting gate in order of 
post position. Any exception to this shall be approved by the stewards.
  (9) An owner or trainer who desires that his or her horse not be  tailed or 
tonged at the starting gate shall make,  at  time   of   entry,   a   written 
request to the starter and the horse shall not be tailed or tonged.
  (10) Horses shall be schooled under the supervision of   the   starter   or 
his  or  her  assistant.  The  starter  shall  report   horses    that    are 
sufficiently schooled to start to  the  racing   secretary.   Unruly   horses 
shall be placed on the schooling list and shall not start  until  approved by 
the starter. The schooling list shall be respected in all cases.
  (11) Before becoming a starter, a horse may be excused  by   the   stewards 
because of physical disability, incorrigibility, or because  of  having  been 
improperly entered in the race.
  (12) If a horse is excused by the stewards before becoming a starter, or if 
the doors at the front of the stall gate  do  not  open  when   the   starter 
dispatches the field, which causes a horse to be left, or if  any  horse   is 
disqualified for bringing in underweight, the money bet on   any   horse   or 
horses thus eliminated shall be deducted from the pool and  refunded  to  the 
purchasers of tickets on such horse or horses. However, if 1  horse   of   an 
entry or 1 of the horses grouped in the field leaves the   stall   gate   and 
brings in proper weight, there shall not be a refund on the   entry   or   on 
the field.

   History:  1985 AACS.


431.3295  Disqualification.
Rule 3295.  (1)  A leading horse is entitled to any part of the track, but if 
any horse swerves or is ridden to either side so  as  to  interfere  with  or 
impede another horse, it is a foul and the horse may be disqualified  if,  in 
the opinion of the stewards, the incident altered the  finish  of  the  race, 
whether the foul was willful  or  the  result  of  careless  riding.  If  the 
stewards determine the foul was intentional or due to careless  riding,  they 
shall take disciplinary action against the offending jockey.
  (2)  The stewards may determine the extent of disqualification in  case  of 
fouls. The stewards may place the offending horse behind the horses which, in 
their judgment, it interfered with or the stewards may  place  the  offending 
horse last.
  (3)  When a horse  is  disqualified  under  this  rule,  the  stewards  may 
disqualify a horse in the same race belonging wholly or partly  to  the  same 
owner or trained by the same trainer.  
  (4)  The time recorded for the first horse to cross the finish  line  shall 
be the official time of the race, except as provided for in R 431.1330.
  (5)  The stewards shall take cognizance of foul riding, whether or  not  an 
objection is made. An objection shall not be received from any  person  other 
than the jockey, trainer, owner, or authorized agent  of  the  owner  of  the 
horse allegedly interfered with.
  (6)  A person shall not assist a jockey in taking his or her equipment  off 
his or her horse, except with permission of the stewards.
  (7)  A person shall not throw any covering over any horse at the  place  of 
dismounting until the horse's equipment is removed.
  (8)  A jockey shall weigh in at the same weight as that  which  he  or  she 
weighed out. If short of the weigh-out  weight  by  2  pounds  or  more,  the 
jockey's mount shall be disqualified and a refund  of  wagers  on  the  horse 
shall be ordered.
  (9)  A horse that does not carry its  jockey  across  the  finish  line  is 
disqualified. A horse that leaves the course shall  turn  back  and  run  the 
course from the point at which the horse left the course.
  (10)  A jockey who willfully strikes another jockey or horse  with  his  or 
her whip or who grabs the clothing, equipment, or person of another jockey or 
horse may be fined, suspended, or ruled off and  his  or  her  mount  may  be 
disqualified.
  (11)  Whips are to be used uniformly and the stewards shall take cognizance 
of unusual use or nonuse of a whip by a jockey.

   History:  1985 AACS; 2009 MR 9, Eff. May 18, 2009.


R  431.3301   Jockeys; diligence in riding.
  Rule 3301. (1) A jockey shall put  forth  every   reasonable   effort   and 
shall exercise due diligence in riding a race. If, in the  opinion   of   the 
stewards, a jockey does not put forth every reasonable effort  or  does   not 
use due diligence in the riding of a race, the jockey shall  be  subject   to 
disciplinary action. Any disciplinary action imposed on a  jockey  shall   be 
met by the disciplined jockey.
  (2) Every horse in every race shall be ridden so as to win  or  finish   as 
near as possible to first and demonstrate the best and fastest performance of 
which it is capable at the time. A horse  shall  not  be  eased  up   without 
adequate cause, even if it has no apparent chance to earn a  portion  of  the 
purse money. A jockey who unnecessarily causes a horse  to   shorten   stride 
may be penalized at the discretion of the stewards.   Stewards   shall   take 
cognizance of marked reversal of form of  all  horses   and   shall   conduct 
inquiries of the licensed owner, licensed trainer, and  all   other   persons 
connected with such horse suspected of unusual  racing.   If   the   stewards 
find that such horse was deliberately restrained or impeded in  any  way   by 
any means so as not to win or finish as near as  possible   to   first,   any 
person found to have contributed to such circumstances may  be  penalized  at 
the discretion of the stewards.

   History:  1985 AACS.


R  431.3305   Scheduling of races for Michigan-bred horses.
  Rule 3305. At least 1 race for Michigan-bred horses shall  be  scheduled on 
each full thoroughbred program.

   History:  1985 AACS.


R  431.3310   Mixed thoroughbred and quarterhorse races.
  Rule 3310. Upon proper application, the racing  commissioner  may   approve 
races  under  the  thoroughbred  rules  in  which   both   thoroughbred   and 
quarterhorses compete in the same race.

  History:  1989 AACS.


                          PART 4. HARNESS RACING


R  431.4001   Definitions; A to E.
  Rule 4001. As used in this part:
  (a) "Added money early closing event" means an event closing  in  the  same 
year in which it is to be contested in which  all  entrance  and  declaration 
fees received are added to the purse.
  (b) "Age" means the number of years since  a  horse  was  foaled.   Age  is 
determined as if such horse were foaled on January 1 of the year in which the 
horse was foaled, except that horses foaled in the  months  of  November  and 
December between November 1, 1970, and December 31, 1980, shall  be  reckoned 
from January 1 of the succeeding year.
  (c) "Claiming race" means a race in which a horse may be  claimed  pursuant 
to the rules of the racing commissioner.
  (d)  "Classified race" means a race in which, regardless of the eligibility 
of horses, entries are selected on the basis of ability or performance.
  (e) "Conditioned race" means an overnight event  to  which  eligibility  is 
determined according to specified qualifications. Such qualifications may  be 
based upon the following:
  (i) Money winnings in a specified number of  previous  races  or  during  a 
specified period of time.
  (ii) Finishing position in a specified number of previous races or during a 
specified period of time.
  (iii) Age, sex, or number of starts during a specified period of time.
  (iv)  Special  qualifications  for  foreign  horses  that  do  not  have  a 
representative number of starts in the United States or Canada.
  (v) Any combination of the qualifications listed in this subdivision.
  (f) "Current  charted  line"  means  written  documentation  of  a  horse's 
performance recorded on the horse's eligibility  certificate  by  a  licensed 
charter or licensed clerk of the course, within 45 days of the  date  of  the 
race for which the horse is entered.  A current charted  line  shall  include 
all of the following information:
  (i) Date of race.
  (ii) Location.
  (iii) Track size, if other than 1/2 mile.
  (iv) Track condition.
  (v) Type of race.
  (vi) Distance of race.
  (vii) Fractional times of the leading horse, including race time.
  (viii) Post position.
  (ix) Position at first quarter.
  (x) Position at half.
  (xi) Position at three-quarters.
  (xii) Position at head of stretch with lengths behind leader.
  (xiii) Position at finish with lengths behind leader.
  (xiv) Individual race time of horse.
  (xv) Closing dollar odds.
  (xvi) Name of driver.
  (xvii) Dead heats.
The symbols for free-legged, breaks,  and  park  outs  shall  be  used  where 
appropriate.
  (g) "Dash" means a race decided in a single trial.  Dashes may be given  in 
a series of 2 or 3 governed by 1 entry fee for the series, in which  event  a 
horse shall start in all dashes. Positions may be drawn for each dash.
  (h) "Declaration" means the naming of a particular horse  to  a  particular 
race as a starter. Declarations shall be  taken  not  more  than  4  days  in 
advance for all races, except those for which qualifying dashes are provided.
  (i) "Early closing race" means a race for a definite purse to which entries 
close not less than 6 weeks preceding the race.  The entrance fee may  be  on 
the installment plan or otherwise and all payments are forfeits.  Payments on 
2-year-olds in early closing  events  are  not  permissible  before  February 
fifteenth of the year in which the horse is a 2-year-old.
  (j) "Elimination heats" means heats of a  race  split  according  to  these 
rules which qualify the contestants for a final heat.
  (k) "Entry" means either of the following:
  (i) A horse entered in a race.
  (ii) Two or more horses which are entered in a race and which  are  coupled 
as a mutuel entry or joined in the mutuel field pursuant to the rules of  the 
racing commissioner.
  (l)   "Extended  pari-mutuel  meeting"  means  a  meeting   at   which   no 
agricultural fair is in progress with an annual total of more than  10  days' 
duration with pari-mutuel wagering.

  History:  1985 AACS; 2007 AACS.


R  431.4005   Definitions; F to M.
  Rule 4005. As used in this part:
  (a) "Futurity" means a stake in which the dam of the  competing  horse   is 
nominated either when in foal or during the year of foaling.
  (b) "Green horse" means a horse that has never trotted  or   paced   in   a 
race or against time.
  (c) "Guaranteed stake" means a stake race with a guarantee  by  the   party 
opening it that the sum shall not be less than the amount named.
  (d) "Handicap" means a race  in  which  performance,   sex,   or   distance 
allowance is made and in which post positions may be assigned  or,   in   the 
case of a handicap claiming race, determined by claiming price.
  (e) "Heat" means a single trial in a race 2 in 3 or 3-heat plan.
  (f) "Horse" means a standardbred  horse  registered  as   such   with   the 
United States trotting association, and is a term used in  these   rules   to 
designate any standardbred irrespective of age or sex designation.
  (g) "In harness" means a race in which performances shall be to a sulky.
  (h) "Late closing race" means a race for a fixed amount  to  which  entries 
close less than 6 weeks, but more than 3 days, before the race   is   to   be 
contested.
  (i) "Maiden" means a horse that has never won a heat or race at the gait at 
which it is entered to start and for which a purse is offered. Races or purse 
money awarded to a horse after the "official" sign has   been   posted  shall 
not be considered winning performances or affect a horse's status as a maiden.
  (j) "Match race" means a race which has been arranged  and  the  conditions 
thereof agreed upon between the contestants.
  (k) "Matinee race" means a race where an entrance fee may  be  charged  and 
where the premiums, if any, are other than money.

   History:  1985 AACS.


R  431.4010   Definitions; N to S.
  Rule 4010. As used in this part:
  (a) "Nomination" means the naming of a horse  or,  in  the   event   of   a 
futurity, the naming of a foal in utero to a certain  race   or   series   of 
races, eligibility of which is conditioned on the payment of a  fee  at   the 
time of naming and the payment of subsequent sustaining  fees   or   starting 
fees.
  (b) "Overnight event" means a race for which declarations  close  not  more 
than 4 days nor less than 1 day before such race is to   be   contested.   In 
the absence of conditions or  notice  to  the  contrary,   all   entries   in 
overnight events shall close not later than 12 noon the  day  preceding   the 
race.
  (c) "Record" means the fastest time made by a horse in a   heat   or   dash 
which the horse won or is a performance against time. A standard record is  a 
record of 2:20 or faster for 2-year-olds and   2:15   or   faster   for   all 
other ages.
  (d) "Stake" means a race which will be contested in a  year  subsequent  to 
its closing and in which the money given by the track conducting the  race is 
added to the money contributed by the nominators, all of which,   except  for 
deductions for the  cost  of   promotion   and   breeders'   or   nominators' 
awards,  belongs  to  the  winner  or  winners.  Except  as  provided   in  R 
431.4160, all of the money  contributed  in   nominating,   sustaining,   and 
starting payments shall be paid to the winner or winners.
  (e) "Sulky" means a dual-shaft, dual-wheel racing vehicle.   The   use   of 
any sulky in competition at any harness race track shall be  subject  to  the 
approval of the stewards.

   History:  1985 AACS.


R  431.4015   Race officials.
  Rule 4015. (1) The following positions at a race meeting are  designated as 
officials:
  (a) Three stewards, who may also place a horse.
  (b) Three placing judges, if the stewards do not place the horses.
  (c) One or more patrol judges.
  (d) A paddock judge.
  (e) A starter.
  (f) A clerk of course.
  (g) A timer.
  (h) A horse identifier.
  (i) A race secretary, and such assistants as he or she may require.
  (j) A veterinarian representing the racing commissioner.
  (k) A veterinarian representing the association.
  (2) In case of an emergency, the association may  appoint   a   substitute, 
with the approval of  the  stewards,  to  act  as  its   official   for   the 
remainder of any program.
  (3) A person, other than the stewards,  shall  not  be   allowed   in   the 
stewards' and placing judges' stands during the running of  a  race,   except 
with permission of the stewards.
  (4) A person, other than the stewards, shall not  be   in   the   stewards' 
stand when a decision is being made on a foul claim or inquiry.
  (5) A person, other than those persons employed  in   the   developing   or 
projection of the visual  recording  of  a  race,  shall  not   be   in   the 
projection room while the stewards are viewing pictures to  decide   a   foul 
claim or inquiry.
  (6) Racing officials serving in the capacity of  steward,  placing   judge, 
patrol judges, clerk of course, starter, and horse  identifier   shall   take 
and satisfactorily pass an optical examination within 1   year   before   the 
race meeting at which they serve. The examination  shall  evidence  corrected 
20/30 vision and an ability to distinguish colors correctly.
  (7) All officials, with the exception of those  representing   the   racing 
commissioner, shall be appointed by the association. All  of  the   officials 
are subject to  the  approval  of  the  racing   commissioner.   The   racing 
commissioner reserves the right to demand a change of personnel  for  what he 
or she deems good and sufficient  reason.  The  successors  to  officials  so 
replaced shall be subject to the approval of the racing commissioner.

   History:  1985 AACS.


R  431.4020   Stewards; specific duties and responsibilities.
  Rule 4020. (1) In addition to the general powers outlined  in  R  431.1315, 
the   stewards   shall   have   the   following    specific    duties     and 
responsibilities:
  (a) Exclude  from  the  race  any  horse  that,  in   their   opinion,   is 
improperly equipped, dangerous, or unfit to race.
  (b) Investigate any act of cruelty seen by them  or   reported   to   them, 
whether a horse subjected to the alleged cruelty  is  stabled   on   or   off 
association grounds.
  (c) Immediately thereafter or  on  the  day  of  the   race,   conduct   an 
investigation of any accidents to determine the cause thereof.
  (d) Closely observe the performance of the drivers  and   the   horses   to 
ascertain if there  are  any  violations  of   racing   rules,   particularly 
interference, helping, or  inconsistent  racing,  and   exhaust   all   means 
possible to safeguard the contestants and the public.
  (e) Notify a summoned party of a hearing as soon as possible.
  (f) Be in the stand 15 minutes before the first race and   at   all   times 
when the horses are upon the track.
  (g) Observe the preliminary warming up of horses and scoring, noting all of 
the following:
  (i) Behavior of horses.
  (ii) Lameness.
  (iii) Equipment.
  (iv) Conduct of the drivers.
  (v) Changes in odds.
  (vi) Any unusual incidents pertaining to horses or drivers participating in 
races.
  (h) Designate 1 steward to lock  the   pari-mutuel   machines   immediately 
upon the horses reaching the official starting point.
  (i) Be in communication with the patrol judges, by use of patrol  phones or 
radio, from the time the starter picks up the horses until   the   finish  of 
the race. A recording may be  made  and  preserved  of   all   communications 
between the patrol judges and the stewards' stand.
  (j) Cause the "objection" sign or "inquiry" sign to  be   posted   in   the 
case of an objection or possible rule violation,   and   immediately   notify 
the announcer of the objection and the horse or horses involved.  As  soon as 
the stewards have made a decision, the posted sign  shall  be   removed,  the 
correct  placing   displayed,   and   the   "official"   sign   flashed.   In 
addition, the stewards shall cause the "inquiry" sign to   be   posted   when 
there has been an accident during the course of the race.
  (k) Display the "photo" sign if the order of finish  among  the  contending 
horses is less than 1/2 length or a contending horse is on a  break  at   the 
finish. After the photo has been examined and a decision  made,  true  copies 
shall be made and posted or projected for public inspection.
  (l) May review the films or tapes of the races   conducted   the   previous 
day and, in instances of a possible rule infraction  or   for   instructional 
purposes, show and explain such films to drivers on a  daily   basis   at   a 
time designated by the stewards.
  (2) In  the  performance  of  their  duties,  the   stewards   shall   have 
unrestricted access to all areas and grounds of an association.
  (3) A complaint against a racing official may be made to the stewards or to 
the racing commissioner. Complaints made directly to the  stewards  shall  be 
reported to the racing  commissioner,   in   writing,   together   with   any 
action which has been taken by the stewards.

   History:  1985 AACS.


R  431.4025   Reversals of form.
  Rule 4025. (1) The stewards shall take cognizance of any marked reversal of 
form of any horse,  particularly  when  associated   with   unusual   betting 
patterns, and  shall,  in  their  discretion,   conduct   inquiries.   During 
inquiries, the stewards may take into consideration the  betting  pattern  on 
the horse in question, shall review the  films  of   the   horse's   previous 
races, and shall consider all other facts that they,  in  their   discretion, 
deem relevant toward making a determination as to whether or  not  the  horse 
being evaluated was deliberately restrained in any way  by   any   means   in 
previous races so as not to win or finish as near as possible  to  first.  If 
after such review, the stewards make  a  determination  that   there   is   a 
reasonable  probability  that  the  horse  in   question   was   deliberately 
restrained in any way by any means in previous races so as not  to   win   or 
finish  as  near  as  possible  to  first,  the  stewards   may,   in   their 
discretion, fine any person found by  a  reasonable   probability   to   have 
contributed to the restraining of the  horse  in  previous   races   or   may 
suspend or revoke that person's license.
  (2) If a finding  is  made  by  the  stewards  that  a   horse   has   been 
deliberately restrained in any way by any means in previous   races   so   as 
not to win or finish as near as possible to first, these  findings   may   be 
forwarded by the racing commissioner to the appropriate  local,   state,   or 
federal law enforcement authorities.

   History:  1985 AACS.


R  431.4030   Patrol judges; duties.
  Rule 4030. (1) A patrol judge shall take a position   designated   by   the 
stewards.  He  or  she  shall  report  all  fouls   and   improper    conduct 
immediately by phone or radio. The result of a heat or dash  shall   not   be 
announced until sufficient time has elapsed to receive the  reports  of   the 
patrols. Where there is a  patrol  car,  only  1  patrol   judge   shall   be 
required.
  (2) A patrol judge shall submit to the stewards a daily  written  report of 
his or her observations.

   History:  1985 AACS.


R  431.4035   Starter; duties.
  Rule 4035. The starter shall be in the starting gate  15   minutes   before 
the first race. He or she shall have control over horses   and   shall   have 
authority to recommend penalties to the stewards for any  violation  of   the 
rules from the formation of the parade until the word "go" is given.

   History:  1985 AACS.

 
R  431.4040   Clerk of course; duties.
  Rule 4040. The clerk of the course has the following duties:
  (a) At request of the stewards, assist in drawing positions.
  (b) Keep the stewards' book and record  therein  all   of   the   following 
information:
  (i) All horses entered and their eligibility certificate numbers.
  (ii) Names of owners and drivers and  drivers'   United   States   trotting 
association license numbers.
  (iii) The charted lines.
  (iv) The money won by horses at that track.
  (v) Drawn or ruled out horses.
  (vi) Each horse's time in minutes, seconds, and fifths of seconds.
  (c) Check eligibility certificates before and after the  race,  and   enter 
all information provided for thereon, including the   horse's   position   in 
the race.
  (d) Verify the correctness of the stewards' book,  including   race   time, 
placing and money winnings, and reasons for disqualifications,  if  any,  and 
see that the book is properly signed.
  (e) Notify owners and drivers of penalties assessed by  the  officials  not 
later than 36 hours after imposition.

   History:  1985 AACS.


R  431.4045   Timer; duties.
  Rule 4045. (1) The timer shall verify the correctness   of   the   electric 
timing device. All times shall be announced  and  recorded   in   fifths   of 
seconds.
  (2) The timer shall be in the stand 15 minutes before the  first  heat   or 
dash is to be contested. The timer shall start his or her  watch   when   the 
first horse leaves the point from  which  the  distance  of   the   race   is 
measured.  The  time  of  the  leading  horse  at    the    quarter,    half, 
three-quarters, and finish shall be taken. If odd distances  are  raced,  the 
fractions shall be noted accordingly.

   History:  1985 AACS.


R  431.4050   Paddock judge; duties.
  Rule 4050. Under the  direction  and  supervision  of   the   judges,   the 
paddock judge shall have complete charge of all   paddock   activities.   The 
paddock judge has the following duties:
  (a) Getting the fields on the track for post parades  in  accordance   with 
the schedule given to him or her by the judges.
  (b) Inspection of horses for changes  in  equipment,   broken   or   faulty 
equipment, or saddle pads.
  (c) Supervision of paddock gate attendants.
  (d) Supervising the proper check in and check out of horses and  drivers at 
the times designated and reporting any infractions to the stewards.
  (e) Insuring that the horse identifier checks the  identification  of   all 
horses coming into the paddock, including the tattoo   number,   color,   and 
markings.
  (f) Direction of the activities of the paddock blacksmith.
  (g) Notifying the stewards of anything that could  in   any   way   change, 
delay, or otherwise affect the racing program.
  (h) Insuring that only properly authorized persons are  permitted  in   the 
paddock.
  (i) Insuring that, except for warm-up trips, no horse  leaves  the  paddock 
until called to post.
  (j) Inform drivers when breathalyzer tests are being conducted.

   History:  1985 AACS.


R  431.4055   Racing secretary; duties.
  Rule 4055. (1) Duties of the  racing  secretary  include,   but   are   not 
limited to, all of the following:
  (a) Receive and safely keep the eligibility certificates  of   all   horses 
competing at the race track or stabled on association  grounds,  and   return 
them to the owners of horses or their representatives  upon  their  departure 
from the grounds.
  (b) Be familiar with the age, class,  and  competitive   ability   of   all 
horses racing at the track.
  (c)  Where  the  rules  require,  classify  and   reclassify   horses    in 
accordance with the rules.
  (d) List horses in the classes for which they  qualify   and   cause   such 
lists to be kept current and to be properly displayed in the  room  in  which 
the declaration box is located for examination by horsemen and others.
  (e) Write conditions and  schedule  the  daily  racing   programs   to   be 
presented at the track.
  (f) Provide for the listing of horses in the daily  program   and   examine 
all entry blanks and declarations to  verify  all   information   set   forth 
therein and select the horses to start and the  also-eligible   horses   from 
the declarations in accordance with the rules governing  these  functions.
  (g) Examine nominations and declarations  in  early   closing   and   stake 
events to verify the eligibility of all declarations and  nominations  and to 
compile lists thereof for publication.
  (2) The racing secretary may reject the declaration on  any   horse   whose 
eligibility certificate was not in the racing   secretary's   possession   on 
the date the condition list was published.
  (3) The racing secretary may reject the declaration on  any   horse   whose 
past performance indicates that the horse would be  below   the   competitive 
level of other horses declared.
  (4) A 2-year-old shall not be permitted to  start  in  a   dash   or   heat 
exceeding 1 mile in distance, and a 2-year-old shall not  be   permitted   to 
race in more than 2 heats or dashes in any single day.
  (5) Races or dashes shall be given at a stated  distance   in   units   not 
shorter than one-sixteenth of a mile. The length of a race and the  number of 
heats shall be stated in the conditions. If the distance or  number  of heats 
is not specified, all races shall be a single mile dash.

   History:  1985 AACS.


R  431.4060   Veterinarians; duties; recordkeeping.
  Rule  4060.  (1)  The  racing  commissioner's   veterinarian   shall   have 
supervision over the taking of urine, blood, or  other   samples   from   the 
horses as may be directed by the stewards, and shall   be   responsible   for 
the proper storing and delivery thereof to the  designated   laboratory   and 
for the maintenance of required records.
  (2)  The  racing  commissioner's  veterinarian   or    the    association's 
veterinarian shall examine  and  reexamine  horses  as   the   stewards   may 
request and approve for release from the stewards' list   all   horses   that 
have been placed thereon for being lame, sick, or injured before they  may be 
entered to race again.
  (3) A veterinarian who is employed by the racing commissioner  or   by   an 
association shall not, during the period of his  or   her   employment,   for 
compensation or otherwise, treat or prescribe for   a   racing   standardbred 
horse, except in case of emergency. In an emergency, a  full   and   complete 
report shall be made to the stewards. An owner or trainer shall not employ or 
pay compensation to a  veterinarian   who   is   employed   by   the   racing 
commissioner or an association, either directly or  indirectly,  during   the 
period for which the veterinarian is employed by the  racing  commissioner or 
an association.
  (4) A veterinarian who is licensed to practice on the grounds  of  a   race 
meeting licensee shall maintain veterinary records, in  duplicate,  on  forms 
prescribed by the  commissioner,  which  accurately   record   all   services 
rendered and medication prescribed and which include the name  of  the  horse 
treated, date of the treatment, and the name of the  trainer.  Such   records 
shall be made available  to  the  stewards  or   their   representatives   on 
demand.
  (5)  A  veterinarian  shall  report   to    the    racing    commissioner's 
veterinarian or to the stewards  any  internal  medication   given   by   the 
veterinarian or given at his or her direction to a horse known  to   him   or 
her to be entered in a race. The trainer shall also make   such   report   to 
the racing commissioner's veterinarian or to the stewards. If   a   drug   is 
administered internally before scratch time to a horse which  is  entered  to 
race, it shall be reported by the  trainer  or  the   veterinarian   to   the 
stewards or their representatives before scratch time.  If  administration of 
a drug is made after scratch time, it shall be reported to  the  stewards  or 
their representatives immediately.
  (6)  The  racing  commissioner's   veterinarian    or    the    association 
veterinarian shall observe the training and warming up of   horses   on   the 
grounds, shall examine any horse that appears ill or   injured,   and   shall 
report such information to the judges.
  (7)  The  racing  commissioner's   veterinarian    or    the    association 
veterinarian shall observe the horses in the paddock and   warming   up   for 
the racing program, observe the race, and observe the   horses   pulling   up 
after the race. They shall investigate and examine such horses that appear to 
be ill or injured, and shall report such information to  the  stewards.
  (8)  The  racing  commissioner's  veterinarian   shall    examine,    where 
possible, and where not possible to personally examine,  shall  confirm,  the 
condition of horses intended to be scratched from  a  race   so   that   such 
horses will be certified as unfit to race. A horse having  been  certified as 
unfit and scratched from a  race   shall   not   be   entered   again   until 
certified as fit by the racing commissioner's veterinarian.

   History:  1985 AACS.


R  431.4065   Program director; designation; responsibility.
  Rule 4065. The association  shall  designate  a  person   to   be   program 
director. It shall be the responsibility of the person   so   designated   to 
furnish  the  public  with  complete   and    accurate    past    performance 
information.

   History:  1985 AACS.

 
R  431.4070   Program information.
  Rule 4070. (1) A printed program shall  furnish  all   of   the   following 
information:
  (a) Horse's name and sex.
  (b) Color and age.
  (c) Sire and dam.
  (d) Owner's name.
  (e) Driver's name and colors.
  (f) In claiming races, the price for which the horse is   entered   to   be 
claimed, with allowances for age and sex.
  (g) Not less than the last 5 performance and accurate   chart   lines.   An 
accurate chart line shall include all of the following information:
  (i) Date of the race and place.
  (ii) Size of the track if other than a half-mile track.
  (iii) Symbol for free-legged paces.
  (iv) Track condition.
  (v) Type of race.
  (vi) Distance.
  (vii) The fractional times of the leading horse, including race time.
  (viii) Post position.
  (ix) Position at one quarter; one-half;  three   quarters;   the   stretch, 
with lengths behind the leader; and at the finish, with  lengths  behind  the 
leader.
  (x) Individual time of the horse.
  (xi) Closing dollar odds.
  (xii) Name of the driver.
  (xiii) Names of the horses  placed  first,  second,  and   third   by   the 
stewards.
The standard symbols  for  breaks  and  park-outs  shall   be   used,   where 
applicable.
  (h) Identification of drivers racing with a provisional license.
  (i) Identification of pacers that are racing without hopples.
  (j) A summary of the starts in purse races, earnings, and  the   best   win 
time for the current and preceding year. A horse's best win   time   may   be 
earned in either a purse or non-purse race.
  (k) The name of the trainer.
  (l) The consolidated line,  which  shall  carry  all   of   the   following 
information if the race is not at 1 mile:
  (i) Date, place, and time of the race.
  (ii) Driver finish.
  (iii) The track condition and distance.
  (2) Owners, drivers, or others  found  guilty   of   providing   inaccurate 
information on a horse's performance  or  attempting   to   have   misleading 
information given in a program shall be subject to disciplinary action.

   History:  1985 AACS.


R  431.4075   Charting of races.
  Rule 4075. The charting of races shall be done by a person  who  shall   be 
responsible for providing a complete and accurate chart.

   History:  1985 AACS.


R  431.4080   Paddock rules.
  Rule 4080. (1) Horses shall be in the paddock at the  time  prescribed   by 
these rules or by the stewards, but, in any event, at least  1  hour   before 
post time of the race in which the horse is to compete.  Except  for  warm-up 
trips, a horse shall not leave the paddock until called to the post.
  (2) All of the following  persons  are  entitled  to   admission   to   the 
paddock:
  (a) Licensed owners of horses competing on the date of the race.
  (b) Not more than 2 members of  a  registered  stable,   other   than   the 
driver, on any 1 racing day.
  (c) Licensed trainers of horses competing on the date of the race.
  (d) Licensed drivers of horses competing on the date of the race.
  (e) Licensed grooms and caretakers of horses competing on   the   date   of 
the race.
  (f) Officials whose duties require their presence in the paddock.
  (g) A licensed horsemen's representative.
  (3) A driver,  trainer,  groom,  or  caretaker,  once   admitted   to   the 
paddock, shall not leave the paddock, other than to warm up  a  horse,  until 
the race or races for which the driver, trainer, groom,  or   caretaker   was 
admitted are contested.
  (4) Except for an owner, who has another horse racing in a  later  race,  a 
licensee shall not return to the paddock until all races  of   that   program 
have been completed.
  (5) Drivers shall report to the paddock judge 1 hour   before   post   time 
for the driver's first race.

   History:  1985 AACS.

 
R  431.4085   Horse identification.
  Rule 4085. (1) A horse shall not start in a  race  unless   it   is   fully 
identified. The burden of establishing the identity of a  horse  rests   with 
the person or persons having charge of the horse at the  meeting,   and,   in 
connection therewith, any person found guilty of  fraud,  attempting   fraud, 
aiding in any way in the perpetration of a fraud, or  participating  in   any 
attempt at fraud shall be ruled off.
  (2) A horse shall not be permitted to race at a  licensed  harness  meeting 
unless the horse has been  properly  identified.   The   responsibility   for 
identification of  each  horse  that  starts  will  rest   with   the   horse 
identifier  under  the  supervision  of  the  paddock   judge.   When    such 
characteristics  are  available  and  known,    identification    shall    be 
established by lip tattoo  numbers,  photographs  of   night   eyes,   color, 
markings, size, gait, or any combination of such factors.  If  submitted,  an 
eligibility certificate issued by the United  States   trotting   association 
may be considered as an aid to proper identification.
  (3) A horse that has not been tattooed shall not start in  a  race   unless 
the permission of the stewards is obtained and arrangements   are   made   to 
have the horse tattooed. Any person  refusing  to  allow  a   horse   to   be 
tattooed by a United States trotting  association   representative   may   be 
subject to disciplinary action.
  (4) A racing official or the owner, trainer,  or  driver   of   any   horse 
declared in to race wherein the question arises may  call   for   information 
concerning the identity and eligibility of any horse on  the   grounds,   and 
may demand an opportunity to examine such horse or  the  horse's  eligibility 
certificate for the  purpose  of  establishing  the   horse's   identity   or 
eligibility. If the owner or  party  controlling  such   horse   refuses   to 
provide such information or to allow such examination, or   fails   to   give 
satisfactory identification, the horse and  the  owner  or   party   may   be 
subject to disciplinary action. A person demanding the  identification  of  a 
horse without cause or merely with the intent to   cause   embarrassment   is 
subject to disciplinary action.

   History:  1985 AACS.


R  431.4090   Horse eligibility certification.
  Rule 4090. (1) A horse shall not be permitted to start any  race  unless  a 
current United States trotting association validation  or  Canadian  trotting 
association eligibility certificate at the  proper  gait   is   obtained.   A 
person making the declaration of a horse  to  a  race   shall   present   the 
eligibility certificate at the time of declaration or the declaration  may be 
 refused.  However,   telegraphic   or   telephonic   declarations   may   be 
accepted if the person making the declaration  furnishes   adequate   program 
information, but the eligibility certificate shall be  presented  before  the 
horse races.
  (2) The judges may permit a horse to start without  a  current  eligibility 
certificate being  presented  if  they  are  satisfied  that   all   of   the 
following requirements have been met:
  (a) The issuance  of  the  eligibility  certificate  for   the   horse   is 
verified.
  (b) The eligibility of the horse to the event is established.
  (c)  Satisfactory  arrangements  are  made  to   have    the    performance 
information  for  the  horse  recorded  on   the   eligibility    certificate 
following the start and before any subsequent start.   The   race   secretary 
shall check each eligibility certificate and certify  to   the   judges   the 
eligibility of all the horses.
  (3) Applications for  United  States   trotting   association   eligibility 
certificates shall state the name and address of the owner   and   the   sex, 
age, and breeding of the horse and shall  be  accompanied   by   such   other 
information, membership application, and fees as  required.  An   application 
for the replacement certificate shall be accompanied by  a  signed  statement 
from the owner or trainer certifying that the original certificate is lost or 
destroyed and listing the  starts,  including  all  fair  races,   qualifying 
races, and matinee races made by the horse during the current year.
  (4) Before declarations, an owner  of  a  horse  which   has   a   Canadian 
eligibility certificate shall furnish the racing secretary  with  a  Canadian 
eligibility certificate completely filled out for the  current  year,   which 
has a certificate or validation  attached  thereto.   Residents   of   Canada 
under Canadian trotting  association  jurisdiction   who   hold   eligibility 
certificates and who are members of the United  States  trotting  association 
may obtain a validation certificate by  filing  an   application   with   the 
United States trotting association. Residents of the United  States  and  the 
maritime provinces who hold  Canadian  eligibility   certificates   for   the 
current year shall have the horse registered in current  ownership   in   the 
United  States  trotting  association   register    before    a    validation 
certificate can be obtained by  filing  an  application   with   the   United 
States trotting association.  This  validation  certificate   may   then   be 
attached to the Canadian eligibility certificate and  used   at   tracks   in 
membership with the United States trotting association.   However,   if   the 
Canadian eligibility certificate is not for the current  year,  a   completed 
United States trotting  association   eligibility   certificate   application 
shall be submitted with the Canadian eligibility certificate.
  (5) A validation certificate shall not be issued in the name of a lessee by 
the United States trotting association unless a copy of the lease is on  file 
with  either   the   United   States   trotting   association   or   Canadian 
trotting association.
  (6) When a horse is sold or leased after an  eligibility   certificate   is 
issued for the current year, the seller, or his or her agent  who   is   duly 
authorized  in  writing,  shall  deliver  the   eligibility    and    current 
registration certificates of the horse to the stewards. If the horse is to be 
leased, an original executed copy of the lease shall be delivered   with  the 
certificate. The stewards shall examine  such  registration   certificate  to 
verify that it is in proper order and that the current  registered  owner  is 
the same as the current holder  of  the  eligibility  certificate.   If   the 
endorsements are satisfactory, the stewards shall  endorse  the   eligibility 
certificate to the new owner or shall endorse the recording of the  lease, or 
shall do both, as the case may  be.  Failure  to  forward  the   registration 
certificate or an executed copy of the lease within 20 days after purchase or 
lease of a horse which is racing will  subject  the  buyer   or   lessee   to 
disciplinary action.
  (7) Any horse on lease  shall  race  in  the  name  of   the   lessee.   An 
eligibility certificate shall not be issued to a horse under lease  unless  a 
copy of the lease is filed with the United States trotting  association.
Beginning with eligibility certificates issued for   1978   and   thereafter, 
the names of both  the  owner  and  the  lessee  shall  be   noted   on   the 
eligibility certificates of leased horses.
  (8) If the eligibility certificate is not endorsed to him   or   her,   the 
new owner or lessee shall apply for an eligibility   certificate,   pay   the 
regular fee, and send satisfactory information on the starts  made   by   the 
horse during the current year, which will include  all   pari-mutuel   races, 
fair races, qualifying races, and matinee races.
  (9) A person who enters a chart line on an  eligibility  certificate   when 
the race has not been charted by a licensed charter  or  who   in   any   way 
tampers with an eligibility certificate may  be   subject   to   disciplinary 
action.
  (10) Corrections on eligibility certificates  may  be  made   only   by   a 
representative of the United States trotting  association   or   a   licensed 
official, who shall place on the certificate his or her   initial   and   the 
date of correction.

   History:  1985 AACS.


R  431.4095   Eligibility certificates for foreign horses.
  Rule 4095. An eligibility certificate shall not be  issued   on   a   horse 
coming from a country other  than  Canada  unless  all   of   the   following 
information, certified by the trotting association or   governing   body   of 
that country from which the horse comes, is furnished:
  (a) The number of starts during the preceding year,   together   with   the 
number of firsts, seconds, and thirds for each horse, and the total amount of 
money won during this period.
  (b) The number of races in  which  the  horse  has   started   during   the 
current year, together with the number of firsts, seconds,  and  thirds   for 
each horse, and the money won during this period.
  (c) A detailed list of the last 6  starts  which  provides   all   of   the 
following information pertaining to each start:
  (i) The date.
  (ii) Place.
  (iii) Track.
  (iv) Track condition.
  (v) Post position or handicap, if it was a handicap race.
  (vi) Distance of the race.
  (vii) Position at the finish.
  (viii) The time of the race.
  (ix) The driver's name.
  (x) The first 3 horses in the race.

   History:  1985 AACS.


R  431.4100   Horse eligibility restrictions.
  Rule 4100. (1) If United States  trotting   association   registration   is 
properly applied for, a horse may be permitted to race  during  the   current 
year with an eligibility certificate marked "registration applied for."
  (2) A horse under the age of 2 or over  the  age  of  14   shall   not   be 
permitted to race at a track licensed by the racing commissioner.
  (3) The stewards may authorize the use  of   an   eligibility   certificate 
from the previous year during the month of January.
  (4) A person withholding a registration or  eligibility  certificate   from 
the owner or lessee of a horse, after proper demand has been  made  for   the 
return thereof, may be suspended until such time  as   the   certificate   is 
returned.

   History:  1985 AACS.


R  431.4105   Racing  eligibility;    conflicting    published    conditions; 
standards  to  determine   horse   qualification   in    overnight    events; 
condition books at extended pari-mutuel meetings.
  Rule 4105. (1) For purposes of eligibility, a race season   or   a   racing 
year shall be the calendar year. In  recording   winnings,   gross   winnings 
will be used and odd cents will be dropped and disregarded.
  (2) Time records or bars shall not be used as an element of eligibility.
  (3) Horses shall be eligible when entries close.
  (4) If  there  are  conflicting  published  conditions   and   neither   is 
withdrawn by the track, the published conditions  more   favorable   to   the 
nominator shall govern.
  (5) The race secretary shall prescribe standards to  determine  whether   a 
horse is qualified to race in overnight events at a   meeting.   Where   time 
standards are established at a  meeting  for  both   trotters   and   pacers, 
trotters shall be given a minimum of a 2-second allowance  in   relation   to 
pacers.
  (6) At extended pari-mutuel meetings, condition books and  sheets  shall be 
prepared, and races may be divided or substituted  races  may  be  used  only 
where regularly scheduled races fail to fill, except where  there  is  racing 
less than 5 days a week. Condition sheets or books  containing  not less than 
6 days of a racing program shall be available  to  horsemen  not less than 24 
hours before closing on any race program  contained  therein.
The race secretary  shall  forward  copies  of  each   condition   book   and 
overnight sheet to the United States trotting association as  soon  as   they 
are available to the horsemen.

   History:  1985 AACS.


R  431.4110   Types of races.
  Rule 4110. (1) In presenting a program of racing,  the   racing   secretary 
shall use exclusively the following types of races:
  (a) Stakes and futurities.
  (b) Early closing and late closing events.
  (c) Conditioned races.
  (d) Claiming races.
  (e) Preferred races limited to the fastest horses at  the  meeting.   These 
may  be  free-for-all  races,  junior  free-for-all   races,   open    races, 
preferred races, or invitationals. Horses to be used in such  races  shall be 
posted in the racing secretary's office.  Horses  so  posted  shall  not   be 
eligible  for  conditioned   overnight   races    unless    the    conditions 
specifically include horses on the preferred list.
  (2) A 2-year-old or 3-year-old horse is not eligible to be  placed  on  the 
preferred or invitational list to race against older horses  until   it   has 
won 7 races, unless requested by the owner or authorized agent. The  owner or 
authorized agent may withdraw such request at his  or  her  discretion.
Where a meeting is in progress in December and continues in  January  of  the 
subsequent year, races and earnings won at that meeting may  be  computed  in 
determining whether a horse may be placed on the preferred list.
  (3) Classified  races  are  permitted  when  authorized   by   the   racing 
commissioner.
  (4) Conditions shall not be written in such a  way  that   any   horse   is 
deprived of an opportunity to race in the normal  preference   cycle.   Where 
the word "preferred" is used in a condition, it shall   not   supersede   the 
date preference. Not more than 3 also-eligible conditions shall  be  used  in 
writing the conditions for any overnight event.
  (5) Any dash or any heat shall be considered as a separate  race  for   the 
purposes of conditioned racing.
  (6) Named races are not permitted, except for preferred   races   for   the 
fastest horses at a meeting as set forth in subrule (1)(e) of  this  rule.
  (7) Substitute races may be provided for each day's program and shall be so 
designated. Entries in races not filling shall be posted. A  substitute  race 
or a race divided into  2  divisions  shall  be  used   only   if   regularly 
scheduled races fail to fill.
  (8) A fair and reasonable racing  opportunity  shall   be   afforded   both 
trotters and pacers in reasonable proportion  from   horses   available   and 
qualified to race. Claiming races may be carded to the  proportion  of   each 
week's racing program as the number of  claiming   authorizations   on   file 
with the racing secretary bears to the  total  number  of   horses   on   the 
grounds which are qualified and available for racing.
  (9) The term "start," in any type of condition,  unless   specifically   so 
stated means only those performances in a purse race.

   History:  1985 AACS.


R  431.4115   Drawings; posting of horses.
  Rule 4115. (1) For all overnight  events,   starters   and   also-eligibles 
shall be drawn by lot from those properly  declared   in.   When   conditions 
have not been filled, the racing secretary may split races to fill a card.
Where necessary to fill a card, not more than 2 conditioned  races  per   day 
may be divided into divisions  after  preference  has   been   applied.   The 
divisions may be selected by the racing secretary. For  all  other  overnight 
races that are divided, the division shall be by lot  unless  the  conditions 
provide for a division based on performance, earnings, or sex.
  (2) The names of all conditioned horses on the  grounds  whose  eligibility 
papers are on file with the racing secretary and ready to   race   shall   be 
posted by gait in the declaration room, together with   all   the   pertinent 
information concerning such horses which may be required  to  determine   the 
eligibility of such horses to conditioned  races  offered  at  the  track.
There shall be a separate posting of 2-, 3-, and 4-year-olds.

   History:  1985 AACS.

 
R  431.4120   Claiming races; purpose.
  Rule 4120. The primary purpose of claiming races is  the  classification of 
horses.

   History:  1985 AACS.

 
R  431.4125   Claiming; eligibility.
  Rule 4125. (1) In a claiming race, a horse is subject to  claim   for   its 
entered price, after allowances, by an individual or   racing   interest   in 
good standing.
  (2) An individual or racing interest which decides to make  a   claim   and 
who is not a current licensed  owner  may,  after   filing   proper   license 
application, do so by complying with all of the following provisions:
  (a) Depositing an amount not less than the minimum claiming  price  at  the 
race meeting, plus  the  requisite  transfer  fees,   with   the   horsemen's 
bookkeeper. Such amount shall remain on account until a claim  is   in   fact 
made or permission to claim has expired.  If  withdrawal   of   such   amount 
occurs, any permit issued pursuant to this rule  is   automatically   revoked 
and terminated.
  (b) Sending to the stewards the written name of a  trainer  whose  Michigan 
license is currently in full force and effect and who  will   represent   the 
individual or racing interest that desires to make a claim once the  claim is 
made.
  (c) Securing from the stewards a written claiming  permit   which   is   in 
full force and effect at the time a claim is made by   such   individual   or 
interest or a trainer or agent representing such individual  or  interest.
  (3) Before  issuing  a  claiming  permit,  the   stewards   shall   satisfy 
themselves that an individual is  qualified  for  the   permit   insofar   as 
financial  responsibility,  good  character,  and   general    fitness    are 
concerned. A claiming permit shall not be issued for more than  30  days  and 
shall not be valid until 10 days after issuance.

   History:  1985 AACS.


R  431.4130   Claiming; prohibitions.
  Rule 4130. (1) A person shall not claim his or her own  horse   and   shall 
not claim a horse trained or driven by him or her.
  (2) A qualified owner or his or her agent shall not claim   a   horse   for 
another person.
  (3) An owner shall not cause his or her horse to be  claimed,  directly  or 
indirectly, for his or her own account.
  (4) A person shall not offer, or enter into an agreement,   to   claim   or 
not to claim, or attempt to prevent  another  person   from   claiming,   any 
horse in a claiming race.
  (5) A person shall not enter a horse against which there  is  a   mortgage, 
bill of sale, or lien of any kind,  unless  the  written   consent   of   the 
holder thereof is filed with the clerk of the course  and   the   association 
conducting such claiming race.
  (6) An entry in a claiming race which has been declared  for  a  subsequent 
race, if claimed, may  be  withdrawn  from  the   subsequent   race   without 
penalty.
  (7) A mare known to be in foal shall not be  declared   into   a   claiming 
race.

   History:  1985 AACS.


R  431.4135   Claiming; procedure.
  Rule 4135. (1) To claim, the owner of a horse shall have, to  his  or   her 
credit with the track  giving  the  race,  an  amount   equivalent   to   the 
specified  claiming  price  plus  the  requisite  fees   for   transfer    of 
registration.
  (2) A declaration shall not be accepted unless written  permission  of  the 
owner is filed with the racing secretary at the time of declaration.
  (3) The basic claiming price for which each horse is   entered   shall   be 
printed on the program, but all claims shall be  for   the   adjusted   price 
after the prescribed allowances made for sex or age have been  added  to  the 
basic price.
  (4) All claims shall be in writing, sealed, and deposited   in   a   locked 
box in the stewards' stand not  less  than  15  minutes   before   the   time 
originally scheduled for the race to begin.
  (5) An official shall not open the box or give any  information  on  claims 
filed until after the race. Immediately after the  race,   the   claims   box 
shall be opened and the claim, if any, examined by the stewards.
  (6) A horse claimed shall be delivered immediately by the original owner or 
his or her trainer to the  successful  claimant  upon  authorization  of  the 
stewards. The horse's  halter  shall  accompany  the   horse.   Altering   or 
removing the horse's shoes will be considered a violation of this rule.
  (7) Any person who refuses to deliver a horse legally claimed  out   of   a 
claiming race shall be suspended together with the horse  until  delivery  is 
made.

   History:  1985 AACS.


R  431.4140   Claiming; title transfer.
  Rule 4140. (1) A horse claimed shall race in all heats or  dashes  of   the 
event in the interest and for the account of the owner who  declared  it   in 
the event, but  title  to  the  claimed  horse  shall  be   vested   in   the 
successful claimant from the time the word "go" is given in the first heat or 
dash. The successful claimant shall  become   the   owner   of   the   horse, 
whether it be alive or dead, sound or unsound, or injured during the  race or 
after it, if the final vesting of title to a claimed horse   is   subject  to 
the conditions and provisions of subrule (6) of this rule.
  (2) The judges shall require a person making a claim for a horse to file an 
affidavit that he or she is claiming the   horse   for   his   or   her   own 
account or as authorized agent and not for any other   person.   Any   person 
who files a false affidavit shall  be  subjected   to   disciplinary   action 
provided in these rules.
  (3) A horse claimed out of a claiming race  shall  not   be   eligible   to 
start in any race in the name or interest of the  original   owner   for   30 
days, and such horse shall remain in the same stable or under  the  care   or 
management of the claiming owner or trainer or  anyone  connected  therewith, 
unless reclaimed out of another claiming race.
  (4) The successful claimant of a horse programmed to start may,  at  his or 
her option, acquire ownership of   a   claimed   horse   even   though   such 
claimed horse was scratched and did not start in the   claiming   race   from 
which it was scratched. The successful claimant shall exercise  his  or   her 
option by 9 a.m. of the day following the claiming race to  which  the  horse 
was programmed and scratched. A horse shall not be claimed  from  a  claiming 
race unless the race is contested.
  (5) If a horse is claimed, a blood sample shall be taken  by   a   licensed 
veterinarian. The sample identified as being from a claimed  horse  shall  be 
forwarded, within 24 hours, to  a  laboratory  designated   by   the   racing 
commissioner to be  tested  for  equine  infectious   anemia.   Pending   the 
receipt of a negative test for equine infectious anemia,  the   monies   paid 
for the claimed horse shall be held by the association.  If   the   test   is 
positive for equine infectious anemia, the ownership of  the  claimed   horse 
shall revert to the owner  from  whom  the  horse  was   claimed,   and   the 
claiming monies shall be returned to the person or persons  who  claimed  the 
horse. The cost of the test is to be borne by the claimant,  and   the   test 
may be waived by the claimant at his or her discretion by  so  indicating  on 
the claiming slip.
  (6) A claimed horse is not eligible to race  in  any   state   other   than 
Michigan for a period of 30 days from the date of claim or  until  after  the 
close of the meeting at which it was claimed, whichever period  of  time   is 
the less.

   History:  1985 AACS.


R  431.4145   Claiming; price; conditions.
  Rule 4145. (1) Subject to the conditions  of  R  431.4140(5),   the   track 
shall pay the claiming price to the owner at  the   time   the   registration 
certificate is delivered for presentation to the successful claimant.
  (2) Aside from the claiming price, conditions and  allowances  in  claiming 
races may be based only on age and  sex.  When   possible,   claiming   races 
shall be written to separate horses 5 years old and up  from   young   horses 
and to separate males from females. If sexes are  mixed,   mares   shall   be 
given a price allowance if there is no price allowance given  to   a   spayed 
mare racing in a claiming race.
  (3) A claiming race shall not be offered permitting claims  for  less  than 
the minimum purse offered at that time during the same racing week.
  (4) A horse owner shall not be prohibited from determining  the  price  for 
which his or her horse shall be entered.
  (5) If the stewards determine that the declaration of  any   horse   to   a 
claiming race is fraudulent on the part of the declarer, they  may  void  the 
claim and may, at the option of the claimant, order the  horse  returned   to 
the person declaring it in. If the stewards determine that any  claim  of   a 
horse is fraudulent on the part of the person making the  claim,   they   may 
void the claim and may, at the option  of  the  person   declaring   it   in, 
return the horse to the person declaring it in.
  (6) The current registration  certificates  of  all   horses   entered   in 
claiming races shall be on file with the racing secretary,  together  with  a 
separate claiming authorization form signed by  the   registered   owner   or 
owners and indicating the minimum  amount  for  which  the   horse   may   be 
entered to be claimed. To facilitate transfer of claimed  horses,  a  steward 
may  sign  the  transfer  if  the  steward  then   sends   the   registration 
certificate and claiming authorization to the registrar for transfer.

   History:  1985 AACS.


R  431.4150   Stakes and futurities.
  Rule 4150. (1) An association presenting stakes and  futurities  shall,  in 
addition  to  meeting  United  States   trotting   association   notification 
requirements, set the nominating date and the  dates   for   all   sustaining 
payments on the fifteenth day of the month. There shall be  no  payments   on 
yearlings, except for a nomination payment, which shall be  due   not   later 
than August 15. Before taking any sustaining payment during  the   year   the 
race is to be contested, the date and place of the race shall  be  stated.  A 
stake or futurity sustaining fee  on  2-year-olds  shall   not   become   due 
before March 15, and for all other ages before February 15, of  any  year.
There shall  be  no  conditions  that  call  for  payments   in   stakes   or 
futurities to fall due after August 15  and  before  February   15   of   the 
following year. Not more than  1  sustaining  payment   of   2-year-olds   in 
stakes and futurities that do not  have  a  2-year-old   division   will   be 
permitted. Not more than 2 sustaining payments on any horse of  any  age   in 
any calendar year, with  the  exception  of  the  starting   fee,   will   be 
approved. The date for closing of nominations of yearlings to stakes shall be 
July 15.
  (2) An association shall, where date  schedules   permit,   advertise   the 
week and  place  the  stake  or  futurity  will  be   raced   before   taking 
nominations.
  (3) An estimated purse shall not be advertised or published  in  excess  of 
the actual purse paid or distributed  during  the   previous   year,   unless 
increased by guaranteed added money. A stake  or  futurity   shall   not   be 
raced for less than 75% of the average estimated purse.
  (4) Conditions shall not be written so as to permit a horse  to   race   in 
more than 2 heats or dashes in a single  day.  This   provision   shall   not 
apply to stakes and futurities in existence as of March 8, 1977.
  (5) Conditions shall not be  written  so  as  to  provide   for   a   filly 
division of a race with less added money than the colt division  of  a  race, 
unless such conditions allow for a filly, properly nominated and sustained in 
the  filly  division,  to  start   in   the   colt   division   upon   proper 
declaration and the payment of the starting  fee  required   for   the   colt 
division  and  the  difference  between  any  lower   nominating   fees    or 
sustaining fees, or both, for the filly division and  the  higher  nominating 
fees or sustaining fees, or both, for the colt division.
  (6) Added money shall be not less than 30% of the purse. If  a   stake   or 
futurity is split into divisions, the added money for each division  shall be 
not less than 20% of all nomination, sustaining, and starting fees paid  into 
such stake or futurity.
  (7) Failure to make any payment required by the  conditions  constitutes an 
automatic withdrawal from the event.
  (8) If a mare nominated to a futurity fails to have  a   live   foal,   the 
nominator may substitute a foal if the conditions so provide.
  (9) A deduction, voluntary or involuntary, shall not be   made   from   any 
purse or stake or futurity, except that, if the  conditions  specifically  so 
provide,  reasonable  deductions  may  be  made   for   clerical,   printing, 
postage, and surety bond expenses  specifically  related   to   such   purse, 
stake, or futurity.
  (10) Unless  otherwise  specified  in  the  conditions  of   a   stake   or 
futurity, the money division shall be as follows:
  (a) Five or more starters: 50-25-12-8-5%.
  (b) Four starters only: 50-25-15-10%.
  (c) Three starters only: 60-30-10%.
  (d) Two starters only: 65-35%.

   History:  1985 AACS.


R  431.4155   Entries or declarations.
  Rule 4155. (1) An entry or declaration shall  comply  with   all   of   the 
following provisions:
  (a) Be made in writing.
  (b) Be signed by the owner or his or her  authorized   agent,   except   as 
provided in R 431.4170(8).
  (c) List all of the following information:
  (i) The names of  the  bona  fide  owner  or  agent,   trainer,   and   the 
registered stable name or lessee.
  (ii) The name, color, sex, sire, and dam of the horse.
  (iii) The event or events in which the horse is to be entered.
  (iv) The identity of the driver.
  (d) With respect  to  entries  in  overnight  events,   comply   with   the 
provisions of R 431.4170(1).
  (2) A starting fee shall be due and  payable  with   the   declaration   to 
start and shall not be refunded if the horse fails to   start,   unless   the 
horse dies between the time of declaration to start and the  start   of   the 
race. For purposes of this rule "starting fee" means  the  payment   required 
with the declaration to start.
  (3) Noncompliance with any of the requirements of subrules (1)  and  (2) or 
the false stating of facts for  the   purpose   of   deception   subjects   a 
person filing the entry to disciplinary action.
  (4) Nominations and sustaining payments not  actually   received   at   the 
hour of closing shall be ineligible,  except  for  those   sent   by   letter 
bearing a postmark not later than the following day,  excluding  Sunday,   or 
those sent by telegraph where the telegram is  actually   received   at   the 
sending office at or before the hour of closing and  such   telegram   states 
the color, sex, name of horse, the class  to  be  entered,   the   name   and 
residence of the owner, and the party making the  nomination  or   sustaining 
payment. When a nomination or sustaining payment  in   a   stake,   futurity, 
early closing race, or late closing race becomes payable on   a   Sunday   or 
legal holiday that falls on Saturday, such payment is to  be   due   on   the 
following Monday, and, if made by mail, the envelope shall  be  postmarked on 
or before the following Tuesday. If a payment falls on a  Monday  that  is  a 
legal holiday, such payment is due on Tuesday,  and,   if   made   by   mail, 
shall be postmarked on or before the following Wednesday.  The  provisions of 
this section shall not be construed  as  applying  to  declarations  to start.
  (5) Where an entry is received by letter bearing the  postage  meter   date 
without any postmark placed thereon by the post   office   department,   such 
postage meter date shall be considered to be a postmark for  the  purposes of 
this rule if the letter is actually received within  7  days   following  the 
closing date of the event. Receipt subsequent to this time  of  an  entry  by 
letter bearing the metered postmark date shall  not  be  a  valid  entry   or 
payment to any event. The meter date shall conform to the postmarked  date as 
set forth in this subrule in order to be valid.
  (6) Entries and payments not governed by published  conditions   shall   be 
void. Any nominator who is allowed privileges which are  not  in   accordance 
with the published conditions of the race or which are   in   conflict   with 
these rules shall be barred from winning any portion of the  purse,  and  the 
nominator and any person who allowed such privileges shall   be   deemed   to 
have been parties to fraud.
  (7) A nominator is required to guarantee the identity  and  eligibility  of 
his or her nominations and declarations, and, if   given   incorrectly,   the 
nominator may be subject to disciplinary action and any  winnings  shall   be 
forfeited and redistributed to eligible  entries.  A   person   obtaining   a 
purse or money through fraud or error shall surrender the  purse   or   money 
or, together with the parties implicated in the incident and  the  horse   or 
horses, shall be suspended until such demand is complied with. Such  purse or 
money shall be awarded to the party justly  entitled  to  it.  However, where 
any horse is ineligible  as  a  result  of  the  negligence  of  the   racing 
secretary, the track shall reimburse the owner for the  resultant   loss   of 
winnings.
  (8) A horse entered in an  event  to  which  it  is   ineligible   may   be 
transferred to any event to which it is eligible at the same gait.
  (9) Every entry shall constitute an agreement that the  person  making  it; 
the owner, lessee, manager, agent,  nominator,  driver,   or   other   person 
having control of the horse; and the horse shall be subject  to  these  rules 
and shall submit all disputes and questions arising out of  such   entry   to 
the stewards.
  (10) Associations presenting early closing and late  closing  events  shall 
state the place and day the  event  will  be  raced.  A   change   in   date, 
program, events, or conditions can not be made after  the  nominations   have 
been taken without the written consent of the owners or   trainers   of   all 
horses eligible at the time the conditions are   changed.   All   nominations 
and payments, other than starting fees, in early closing  events   shall   be 
advertised to fall on the fifteenth day of the month. If   the   event   does 
not fill, each nominator shall be notified within 10 days and  a  refund   of 
the nomination fees shall accompany the notice.   If   conditions   published 
for early closing events  allow  a  transfer  for  change   of   gait,   such 
transfer shall be to the slowest class the horse is eligible   for   at   the 
adopted gait, eligibility to be determined  at  the  time   of   closing   of 
entries. The race to which a transfer  may  be  made  shall   be   the   race 
nearest  the  date  of  the  event   originally    entered.    Two-year-olds, 
3-year-olds, or 4-year-olds entered in classes  for  their   age   may   only 
transfer to classes for the same age group at the adopted gait  to  the  race 
nearest the date of the event originally entered, with entry   fees   to   be 
adjusted. A complete list of nominations to any early closing event  shall be 
published within 45 days after the closing date or after  the  date   of  the 
last sustaining payment. The list shall be mailed  to  the  owners  or agents 
of all eligible horses.
  (11) Conditions of early closing events or late closing  races  that   will 
eliminate horses nominated to an event or add horses that   have   not   been 
nominated to an event by reason of the performance of such   horses   at   an 
earlier meeting held the same season are invalid. Early  closing  events  and 
late closing events shall have not more than 2  also-eligible  conditions.
  (12) In early closing races, late closing  races,   and   overnight   races 
requiring entry fees, all monies paid in by the nominators   in   excess   of 
85% of the advertised purse shall be added to the   advertised   purse,   and 
the total shall then be considered to be the minimum purse. If  the  race  is 
split and raced in divisions, the provisions of R 431.4165(1) shall apply.

   History:  1985 AACS.


R  431.4160   Entries and starters required.
  Rule 4160. (1)  An  association  shall  specify  how   many   entries   are 
required for overnight events. After the condition is  fulfilled,  the  event 
shall be contested.
  (2) In early closing events  or  late  closing  events,  if   5   or   more 
interests are declared in to start, the race shall   be   contested.   Stakes 
and futurities shall be raced if 1 or  more  horses  are   declared   in   to 
start.
  (3) In an early closing event, if less interests are   declared   in   than 
are required to start, and if all declarers are  immediately   so   notified, 
the interests declared in and ready to race shall be entitled  to   all   the 
entrance money and any forfeits for each horse named.
  (4) In overnight events, not more than 8  horses  shall   be   allowed   to 
start on a half-mile track, and not more than 10 horses shall  be  allowed to 
start on larger tracks. Trailers are not permitted where the track  has  room 
to score all horses abreast, allowing 8 feet per horse.
  (5) A race other than an overnight race,  where  the   number   of   horses 
declared in to start exceeds 14 on a half-mile track,  16   on   a   5/8-mile 
track, or 16 on a larger track, unless otherwise stated  in  the  conditions, 
may be raced in elimination heats, at the option of   the   association,   if 
that option is exercised before positions are drawn.  Unless  lesser  numbers 
are specified in the conditions of the race, the race, at   the   option   of 
the association stated  before  positions  are  drawn,  may   be   raced   in 
elimination heats. In the absence of conditions  providing   for   a   lesser 
number of starters, not more than 2 tiers of horses, allowing  8   feet   per 
horse, shall be allowed to start  in  any  race,  and  not   more   than   14 
starters on a half-mile track, 16 starters on  a  5/8-mile   track,   or   16 
starters on a larger track shall be allowed to start. Where  a   race   other 
than a stake or futurity is divided, each division shall race  for  not  less 
than 75% of the advertised purse.
  (6) When elimination heats are required or specified   in   the   published 
conditions, such races shall be raced  in  the   following   manner,   unless 
conducted under another subrule of this rule:
  (a) Unless otherwise specified in the conditions,  the   field   shall   be 
divided by lot and the first division shall race a qualifying dash for 30% of 
the purse, the second division shall race a qualifying dash for 30%   of  the 
purse, and the horses so qualified shall race in the  main  event  for 40% of 
the purse. Unless otherwise specified in the conditions, the  winner  of  the 
main event shall be the race winner.
  (b) If there are more horses declared to start than can be  accommodated by 
the 2 elimination dashes, then enough elimination dashes shall  be  added  to 
take care of the excess. The  percent   of   the   purse   raced   for   each 
elimination dash will be determined by dividing the  number  of   elimination 
dashes into 60. The main event shall race for 40% of the purse.
  (c) Unless the conditions provide otherwise, if there  are  2   elimination 
dashes, the first 4 finishers in each dash qualify for the  final.  If  there 
are 3 or more elimination dashes, not more than 3 horses  shall  qualify  for 
the final from each qualifying dash. The stewards shall draw the positions in 
which the horses are to start in the main event, that  is,  they  shall  draw 
positions to determine which of the 2 dash  winners  shall  have   the  pole, 
which the second position, which of the  2  horses  that  have   been  second 
shall start in third position, and so on.  All  elimination  dashes  and  the 
concluding heat shall be programmed to be raced upon the same  day or  night, 
unless special provisions for earlier elimination dashes are set forth in the 
conditions. Where provisions are made for elimination  dashes
and the concluding heat on different days,  finalists   shall   reenter   and 
redraw for post positions.
  (d) If there are 3 separate heat or dash winners  and   they   alone   come 
back in order to determine the race winner according   to   the   conditions, 
they shall take post positions according to the order of  their   finish   in 
the previous heat or dash.

   History:  1985 AACS.


R  431.4165   Split races.
  Rule 4165. (1) In any race where the number of  horses   declared   in   to 
start exceeds 12 on a half-mile track, 14 on a 5/8-mile track, or  16  on   a 
mile track, unless other numbers are  specified  in   the   conditions,   the 
race, at the option of the association, stated before  positions  are  drawn, 
may be divided by lot and raced in 2 divisions with all  heat  winners   from 
both divisions competing in a final heat to  determine  the  race  winner.
Each division shall race 2 heats for 20%  of  the  purse   each   heat.   The 
remaining 20% of the purse shall go to the winner of the final heat.
  (2)  Whatever  elimination  heats  are  required  or   specified   in   the 
published conditions of a stake or futurity, such races may   be   raced   on 
the 3-heat plan, irrespective of any provisions in the  conditions   to   the 
contrary. That is, the field  shall  be  divided  by  lot   and   the   first 
division shall race for 30% of the purse, the second  division   shall   race 
for 30%, and the horses qualifying in the first and  second  divisions  shall 
race the third heat for 30% of the purse. If, after  the   third   heat,   no 
horse has won 2 heats, a fourth heat shall be  raced  only   for   the   heat 
winners. The race winner shall receive the remaining 10% of  the  purse.  The 
number of horses qualifying to return after each elimination  heat  shall  be 
the same as set out in R 431.4170.
  (3) Where qualifying races are provided in the conditions   of   an   early 
closing event, stake, or futurity, unless  specified   in   the   conditions, 
such qualifying race shall be held not more than 5  days  before   contesting 
the main event, excluding Sunday and omitting the day of the race.

   History:  1985 AACS.


R  431.4170   Declaration to start; drawing.
  Rule 4170.  (1)  Unless  otherwise  specified  in   the   conditions,   the 
declaration time shall be at the discretion of the association.
  (2) A horse shall not be permitted to enter in more than 1 race  on  any  1 
racing day. Races decided by more than 1  heat  are   considered   a   single 
race.
  (3) To avoid confusion and misunderstanding, the  time  when   declarations 
close shall be considered to be local time at the track where  the  race   is 
being contested.
  (4) The association shall provide a locked box with  an  aperture   through 
which declarations shall be deposited. The  entry  box  shall   be   in   the 
charge of the stewards. Just before opening  the  box   at   meetings   where 
futurities, stakes, early closing events, or late closing   events   are   on 
the program, the steward present shall check with the  racing  secretary   to 
ascertain if any declarations made by mail, telegraph, or  otherwise  are  in 
the office and not deposited in the entry box, and the  steward   shall   see 
that they are declared and drawn in the proper event.
  (5) The entry box  shall  be  opened  by  the  steward   present   at   the 
advertised time, and the steward shall assure that at least 1 horseman  or an 
official representative of the horseman is present. An owner  or  agent for a 
horse with a declaration  in  the  entry  box  shall  not   be   denied   the 
privilege of being present.
  (6) Under the supervision  of  the  steward,  the  entry   box   shall   be 
unlocked, declarations found therein  shall  be  sorted   and   listed,   the 
eligibility verified, preference ascertained, starters  selected,  and   post 
positions drawn.  If  it  is  necessary  to  reopen  any   race,   a   public 
announcement shall be made at least twice and the box   reopened.   A   daily 
record shall be kept in the stewards' book showing the name  of  the  steward 
who performed the functions specified in this subrule.
  (7) In races with a duration of more than 1 dash or  heat,   the   stewards 
may draw post positions from the stand for succeeding dashes or heats.
  (8) Declarations  made  by  mail,  telegraph,  or   telephone   which   are 
actually received and for which evidence thereof is deposited  in   the   box 
before the time specified to declare in shall be drawn in the same  manner as 
other declarations. Such drawings  shall  be  final.  Mail,  telephone,   and 
telegraph declarations shall state all of the following information:
  (a) The name and address of the owner or lessee.
  (b) The name, color, sex, sire, and dam of the horse.
  (c) The name of the driver and his or her colors.
  (d) The date and place of the last start.
  (e) A current summary, including the number of  starts,  firsts,   seconds, 
thirds, earnings, and the best winning time for the current year.
  (f) The event or events in which the horse is to be entered.
  (9) When an association requires a horse to  be  declared   at   a   stated 
time, failure to declare as required shall be considered  a  withdrawal  from 
the event.
  (10) After declaration to start has been made,  a  horse   shall   not   be 
drawn, except by  permission  of  the  stewards.   Persons   violating   this 
subrule are subject to disciplinary action.
  (11) If a person making the declaration fails to honor it and  there  is no 
opportunity for a hearing by the stewards, the matter shall  be  referred  to 
the racing commissioner.
  (12) Drawings shall be final unless there is conclusive  evidence  that   a 
horse properly declared was omitted from the race through the  error  of   an 
association or its agent or employee, in which event the   horse   shall   be 
added to the race and  shall  take  the  place  of   an   ineligible   horse, 
considering preference, if the error is discovered  before   either   scratch 
time or the printing of the program, whichever is sooner.  However,  in   the 
case of early closers of more than $10,000.00, a stake,   a   handicap,   and 
futurity races, the race shall be redrawn.

   History:  1985 AACS.


R  431.4175   Qualifying races.
  Rule 4175. At all  pari-mutuel  meetings,  entries   cannot   be   accepted 
without at least 1 satisfactory current charted line   on   the   eligibility 
certificate. When an association determines an event  will   be   nonbetting, 
entries may be accepted  on  a  horse  without  a  current  charted  line.
Declarations for overnight events  shall  be  governed   by   the   following 
provisions:
  (a) The association, in conjunction  with   the   horsemen's   association, 
shall establish the qualifying standards for a meeting.  Horses   unable   to 
show a performance to qualify for races at the meeting may   be   placed   on 
the stewards' list, but this action shall not be  recorded   on   eligibility 
certificates. Placing a horse on the stewards' list shall  not   affect   its 
right to compete in a stake, futurity, early closing race,  or  late  closing 
race, unless the horse is  placed  on  the  list   for   unmanageability   or 
dangerousness.
  (b) To provide complete and  accurate  chart  information   on   time   and 
beaten lengths, a standard photo finish shall be in use.
  (c) When a horse has raced at  a  charted  meeting   during   the   current 
season and then gone to meetings where the  races  are   not   charted,   the 
information from the uncharted races may  be   summarized,   including   each 
start, and consolidated. The consolidated line  shall  carry   all   of   the 
following information if the race is not at 1 mile:
  (i) Date.
  (ii) Place.
  (iii) Time.
  (iv) Driver.
  (v) Finish.
  (vi) Track condition.
  (vii) Distance.
  (d) The stewards may require any horse that has been   on   the   stewards' 
list to race in a qualifying race. If a horse has raced  an  individual  time 
not meeting the qualifying standard for that class  of   horse,   the   horse 
shall be required to race in a qualifying  race,  except   as   provided   in 
subdivision (a) of this rule. A horse placed on the list  for   chocking   or 
bleeding during a race shall requalify.
  (e) The stewards may permit a horse to  qualify  by  means   of   a   timed 
workout.
  (f) The identifier shall fully examine a horse starting  in  a   qualifying 
race or official workout.
  (g) Qualifying races shall be scheduled at least once a week. The number of 
qualifying races per day may be limited by the stewards.
  (h) Where a race is conducted for the purpose of  qualifying  drivers   and 
not horses, the race  need  not  be  charted,  timed,   or   recorded.   This 
subdivision is not applicable to races qualifying both drivers and horses.
  (i) Horses in qualifying races may be subject to  specimen  collection  and 
testing.

   History:  1985 AACS.


R  431.4180   Mutuel entries; common ties.
  Rule 4180. (1) Not more than 2 horses that have common ties  so  as  to  be 
joined as a mutuel entry shall be entered in an overnight race.  A preference 
for 1 of the horses shall be made when making a  double  entry.   Two  horses 
that have common ties so as to be joined as a mutual entry shall not start in 
a race to the exclusion of a single interest.
  (2) Horses which have common ties through training  only,  but  which  have 
separate and distinct ownership, may, in a stakes race, late or early closing 
race, futurity, free-for-all, or another special event, at the request of the 
association, be permitted by the stewards to be entered and run  as  separate 
betting interests.  In races with a purse value of $50,000  or  more,  horses 
with common ownership may race as separate betting  interests.   Horses  that 
are trained by the same person shall be indicated prominently in the program.
  (3) A trainer of any horse shall not have an ownership or other interest in 
any other horse in the same race, unless such horses are coupled as a  single 
betting interest.
  (4) Where no exception  exists,  all  horses  having  common  ties  through 
ownership or training may be coupled and run as  an  entry  in  a  race  when 
approved by the stewards.
  (5) If the race is split into 2 or more divisions, horses in an entry shall 
be seeded, insofar as possible, first by owners, then by trainers,  and  then 
by stables, but the divisions in which they compete and their post  positions 
shall be drawn by lot.  This subrule shall also apply to elimination heats.
  (6) In addition to the provisions of subrules (1)  to  (5)  of  this  rule, 
horses separately owned or trained may be coupled as an entry  when  approved 
by the stewards where it is necessary to do so to protect the public interest 
for the purpose of pari-mutuel wagering only.  However, where this  is  done, 
entries shall not be rejected.

  History:  1985 MR 6, Eff. July 12, 1985; 2007 MR 9, Eff. May 3, 2007.


R  431.4185   Also-eligibles.
  Rule 4185. (1) Not more than 2 horses may be drawn as also-eligibles for  a 
race, and their positions shall be drawn along  with  the  starters  in   the 
race. If 1 or more horses are excused by  the   judges,   the   also-eligible 
horse or horses shall race and take the post position drawn  by   the   horse 
that it replaces, except in handicap races.
  (2) In handicap races, the also-eligible horse shall take  the   place   of 
the horse that it replaces if the handicap is the same. If  the  handicap  is 
different, the also-eligible horse shall take the position on the  outside of 
horses with a similar handicap.
  (3) A horse shall not be added to a race as an eligible  unless  the  horse 
was drawn as such at the time declarations closed. A horse   shall   not   be 
barred from a race to which it is otherwise  eligible  by   reason   of   its 
preference due to the fact that it has been drawn as an also-eligible.
  (4) A horse moved into the race from the also-eligible   list   cannot   be 
drawn except by permission of the stewards, but the owner   or   trainer   of 
such a horse shall be notified that the horse is to race and  it   shall   be 
posted at the racing secretary's office.  All  horses  which   are   on   the 
also-eligible list and which are not moved in to race by 9 a.m.  on  the  day 
preceding the day of the race shall be released.

   History:  1985 AACS.

 
R  431.4190   Preference.
  Rule 4190. (1)  Preference  shall  be  given  in   all   overnight   events 
according to a horse's last previous purse race during the  current  year.
If 2 or more horses have the same  preference  date,  the   entry   will   be 
determined by lot. The preference date on a horse that has  drawn   to   race 
and been scratched is the date of  the  race  from  which   the   horse   was 
scratched.
  (2) When a horse is racing for the first time in the  current   year,   the 
date of the first declaration to a purse race shall be  considered  its  last 
race date and preference applied accordingly.  However,   if   an   overnight 
race has been reopened because  it  did  not  fill,   all   eligible   horses 
declared in to the race before the reopening shall  receive  preference  over 
horses subsequently declared, irrespective of the  actual  preference  dates, 
except that during the month of January, a horse's last  purse  race   during 
the previous December will be the horse's preference date.

   History:  1985 AACS.


R  431.4195   Stewards' list.
  Rule 4195. (1) A horse that is unfit to race because   it   is   dangerous, 
unmanageable, sick, lame, unable to show  a  performance   to   qualify   for 
races at the meeting, or otherwise unfit to race at  the   meeting   may   be 
placed on a stewards' list by the stewards, and declarations  on  such  horse 
shall be refused. The owner or trainer shall be notified,  in   writing,   of 
such action, and the reason for  refusing  declaration   shall   be   clearly 
stated on the notice.
  (2) When any horse is placed on the stewards' list,  the   clerk   of   the 
course shall make a note on the eligibility  certificate   of   such   horse, 
showing the date the horse was put  on  the  stewards'   list,   the   reason 
therefor, and the date of removal if the horse has  been  removed.   Stewards 
shall release horses from the stewards' list in writing.

   History:  1985 AACS.


R  431.4200   Naming drivers.
  Rule 4200. Declarations shall state who shall drive the  horse   and   give 
the driver's colors. Drivers  may  be  changed  until  9 a.m.  of   the   day 
preceding the  race  or  until  program  information  is   to   be   printed, 
whichever comes first, after which a driver shall not  be   changed   without 
permission of the stewards. The stewards shall approve  or   disapprove   the 
second and third drivers.

   History:  1985 AACS.


R  431.4205   Track conditions.
  Rule 4205. (1) It shall be the duty of the stewards to call  a  meeting  of 
all horsemen on the grounds before the opening of a race  meeting   for   the 
purpose of the horsemen approving a member and an  alternate   to   represent 
them on matters relating to the withdrawal of horses due to  bad   track   or 
weather conditions.
  (2) In case  of  questionable  track  conditions  due   to   weather,   the 
stewards shall call a meeting of a committee which consists of  an  agent  of 
the association, an  appointed  representative  of  the   horsemen,   and   1 
steward. Upon unanimous decision by this committee  that   track   conditions 
are safe for racing, unpermitted withdrawals shall not be made.
  (3) Any decision other than a unanimous decision by  this  committee   will 
allow any entrant to scratch his or her horse or horses after posting  10% of 
the purse to be raced for. If sufficient withdrawals  are  received  to cause 
the field to be less than 6, then the  association  member  shall   have  the 
right  of  postponement  of   an   early   closing   event   or   stake   and 
cancellation of an overnight event.
  (4) The disposition of monies posted shall be determined  by  the  stewards 
where the horses withdrawn were properly drawn in.

   History:  1985 AACS.


R  431.4210   Starting.
  Rule 4210. (1) The starter shall have control of  the   horses   from   the 
formation of the parade until he or she gives the word "go".
  (2) The starter shall notify the drivers when to come   to   the   starting 
gate. During or before the parade, the drivers shall be informed  as  to  the 
number of scores permitted.
  (3) The horses shall be brought to the starting gate as near  a  quarter of 
a mile before the starting line as the track will permit.
  (4) Allowing sufficient time so that  the  speed  of  the   gate   can   be 
increased gradually, the following minimum speeds shall be maintained:
  (a) For the first 1/8 mile, not less than 11 miles per hour.
  (b) For the next 1/16 of a mile, not less than 18 miles per hour.
  (c) From the point specified in subdivision (b) of this  subrule   to   the 
starting point, the speed shall be gradually increased to  maximum  speed.
  (5) On mile tracks, horses shall be brought to the starting  gate  at   the 
head of the stretch and the relative speeds mentioned in   subrule   (4)   of 
this rule shall be maintained.
  (6) The starting point shall be a point marked  on  the   inside   rail   a 
distance of not less than 200 feet from the first turn.  The  starter   shall 
give the word "go" at the starting point.
  (7) When a particular speed has been reached in the course  of   a   start, 
the speed shall not be decreased, except in the case of a recall.

   History:  1985 AACS.


R  431.4215   Recall; notice.
  Rule 4215. (1) In case of a recall, a light which is  plainly  visible   to 
the driver shall be flashed and a recall sounded, but   the   starting   gate 
shall proceed out of the path of the horses. Where  possible,   the   starter 
shall leave the wings of the gate extended and gradually slow  the  speed  of 
the gate to assist in stopping the  field  of  horses.   In   an   emergency, 
however, the starter shall use his or her discretion to close  the  wings  of 
the gate.
  (2) There shall not be a recall after the word "go" has  been  given,   and 
any horse, regardless of its position or occurrence of an accident,  shall be 
deemed a starter from the time  it  entered  into  the   starter's   control, 
unless dismissed by the starter.
  (3) The starter shall endeavor to get all horses away in  position  and  on 
gait, but there shall be no recall for a breaking horse.  The  starter  shall 
sound a recall only for 1 of the following reasons:
  (a) A horse scores ahead of the starting gate.
  (b) There is interference before the word "go" is given.
  (c) A horse has broken equipment, which the starter notices.
  (d) A horse falls before the word "go" is given.
  (e) A horse refuses to turn or come to the gate.
  (4) If any of the reasons noted in subrule (3) of this  rule   occurs   and 
the starter fails to  sound  a  recall,  for  whatever   reason,   then   the 
offending horse or horses may be deemed by the stewards  to   have   had   an 
unfair start and  may  be  disqualified  from  the  race.   Wagers   on   the 
disqualified horse or horses shall be refunded.
  (5) The starter may, at any time before the word "go" is  given,  order   a 
recall and restart the race. If a second recall is sounded   for   the   same 
horse or horses for any occurrences noted in subrule (3) of  this   rule   in 
the same race, that horse or horses shall be ordered dismissed and  wagers on 
that horse or horses shall be refunded.

   History:  1985 AACS.


R  431.4220   Penalties.
  Rule 4220. The starter may recommend to the stewards that   a   driver   be 
penalized for any of the following reasons:
  (a) Delaying the start.
  (b) Failure to obey the starter's instruction.
  (c) Rushing ahead of the inside or outside wing of the gate.
  (d) Coming to the starting gate out of position.
  (e) Crossing over before reaching the starting point.
  (f) Interference with another driver during the start.
  (g) Failure to come up into position and on the gate.

   History:  1985 AACS.

 
R  431.4225   Gate restrictions.
  Rule 4225. (1) A person, other than the starter, his  or   her   assistant, 
and a patrol judge, shall not be allowed to  ride  in   the   starting   gate 
unless permission has been granted by the stewards.
  (2) Use of a mechanical loudspeaker for any purpose other  than   to   give 
instructions to drivers is prohibited. The volume shall not be higher than is 
necessary to carry the voice of the starter to the drivers.
  (3) Horses awaiting post time may be held on  the   backstretch   for   not 
more than 2 minutes, except when delayed by an emergency.
  (4) If there are 2 tiers of horses, the withdrawing of a  horse  that   has 
drawn or earned a position in the front tier shall not affect the position of 
the horses that have drawn or earned positions in the  second  tier.  When  a 
horse is drawn from any tier, horses on the outside  shall  move  in  to fill 
up the vacancy. When a horse has drawn a post position in the   second  tier, 
the driver of such horse may elect to score out  behind  any  horse   in  the 
first tier if he or   she   does   not   thereby   interfere   with   another 
trailing horse or deprive another trailing horse of a drawn position.

   History:  1985 AACS.


R  431.4230   Starting without gates.
  Rule 4230. (1) An association shall provide a backup  starting   gate.   In 
the event of an extraordinary occurrence, however, horses  may   be   started 
without a gate.
  (2) When horses are started without  a  gate,  the   starter   shall   have 
control of the horses from the formation of the parade  until   he   or   she 
gives the word "go". The starter shall be located at  the   wire   or   other 
point on the track from which the word "go" shall be given.  A  driver  shall 
not cause unnecessary delay after the horses are called.
  (3) The driver of any horse refusing or failing to  follow  instructions of 
the starter as to the parade or scoring ahead of the pole horse may   be  set 
down for the heat in which the offense occurs or for such other period as the 
starter shall recommend and may be subject to disciplinary  action.
When a driver is taken down, the substitute shall be   permitted   to   score 
the horse once. A horse delaying the race may be started  regardless  of  its 
position or gait, and there shall not be a recall  on  account   of   a   bad 
actor.
  (4) If the word "go" is not given, all the  horses  in   the   race   shall 
immediately turn at the tap of the bell or other signal and shall jog back to 
their parade positions for a fresh start.  There  shall  be  no  recall after 
the word "go" has been given.

   History:  1985 AACS.


R  431.4235   Starters.
  Rule 4235. The horses shall be deemed to have started when the word "go" is 
given by the starter, and all of the horses shall go the course, except where 
there is an accident in  which,  in  the  opinion  of  the  stewards,  it  is 
impossible to go the course.

   History:  1985 AACS.

 
R  431.4240   Unmanageable horses.
  Rule 4240. If, in the opinion of the stewards or the starter,  a  horse  is 
unmanageable or liable to cause accidents or injury to any other horse  or to 
any driver, it may be scratched. When this action is taken, the starter shall 
notify the stewards and  the  stewards  shall  in  turn  notify  the public.

   History:  1985 AACS.


R  431.4245   Post positions; heat racing.
  Rule 4245. The horse winning a heat shall take the  pole   the   succeeding 
heat, unless otherwise specified in  the  published   conditions,   and   all 
others shall take their positions in the order they were  placed   the   last 
heat. When 2 or more horses have finished in a dead  heat,  their   positions 
shall be settled by lot.

   History:  1985 AACS.


R  431.4250   Gate arm shields.
  Rule 4250. The arms of all starting  gates  shall  be   provided   with   a 
screen or a shield in front of the position for each horse,  and  such   arms 
shall be perpendicular to the rail.

   History:  1985 AACS.


R  431.4255   Drivers; licensing.
  Rule 4255. (1) A person who desires to drive a harness horse  at   a   race 
meeting licensed by the racing commissioner shall be required  to  obtain   a 
license from the racing  commissioner,  upon  the   recommendation   of   the 
stewards, whether or not the person possesses any other license.
  (2) Every applicant for a driver's license shall satisfy the stewards in  a 
manner prescribed by the stewards, that he  or   she   meets   all   of   the 
following qualifications:
  (a) Has had at least 1 year's training experience  and   has   demonstrated 
the ability to drive.
  (b) Is physically and mentally competent to drive.
  (c) Is knowledgeable of, and conversant in, the training  and  driving   of 
harness horses.
  (d) Is familiar with the rules of racing.
  (e) Has a minimum of 20/40 corrected vision in  both  eyes   or,   if   the 
individual is blind in 1 eye, not less than 20/30 corrected  vision  in   the 
other  eye,  as  certified  by  a  licensed    optometrist,    oculist,    or 
ophthalmologist.
  (f) Is not less than 16 years of age.
  (g) Is the holder of a currently valid A (full), V  (probationary),  or   P 
(provisional) license issued by the United States  trotting  association,  or 
comparable licensing issued by the Canadian trotting association.
  (3) Proper licensing notwithstanding, the stewards at  any   race   meeting 
may refuse to permit any  driver  to  compete  in  a  race   if,   in   their 
judgment, he or she is unfit, unqualified, or too inexperienced to  drive.
Such driver may be required to submit  to  a   physical   examination   under 
conditions specified by the stewards.
  (4) A person  aspiring  to  become  a  driver   may,   after   successfully 
completing a written exam  administered  by  the   United   States   trotting 
association or Canadian trotting association, apply for licensing to drive in 
qualifying races and nonbetting races only. Persons granted Q  licenses shall 
be not less than 16  years  of   age   and   have   the   approval   of   the 
stewards. All such persons driving in races on a  track   licensed   by   the 
racing commissioner shall do so under the scrutiny of   the   stewards   and, 
where instituted, a horsemen's advisory committee, which  shall  present  its 
observations to the stewards in writing. To aid in making a  determination on 
the ability and qualifications of  the   holder   of   a   Q   license,   the 
stewards may require the driver to go a rated mile, with the  times  for  the 
mile and the quarters thereof to be declared beforehand by the driver.
  (5) A driver holding a provisional license shall not  be   considered   for 
advancement to a full  license  by  the  stewards  until  he   or   she   has 
qualified pursuant to 1 of the following provisions:
  (a) Had  at  least  1  year's  driving  experience  while   holding   a   P 
(provisional) license, plus 25  satisfactory  pari-mutuel   starts   in   the 
calendar year before application.
  (b) Had less  than  1  year's  driving  experience  while   holding   a   P 
(provisional) license, but had not less than  50   satisfactory   pari-mutuel 
starts and the written approval from the stewards at a recognized meeting.
  (c) Made 25 satisfactory starts at pari-mutuel or grand circuit meetings in 
the 2 calendar years preceding the date of application if he or she  has  had 
not less than 50 satisfactory fair starts.
  (6) A driver who presently holds  a  license  and  wishes   to   obtain   a 
license in a higher category and who has not  previously   submitted   to   a 
written test may be required  to  take  a  written   test   before   becoming 
eligible to obtain a license in a higher category.
  (7) Repeated rule violations shall be considered grounds  for  refusal   to 
grant, or grounds for revocation of, any driver's license.

   History:  1985 AACS.


R  431.4260   Driver restrictions.
  Rule 4260. (1) A person who is 60 years of age  or  older   and   who   has 
never previously held any type of driver's license shall not  be   issued   a 
driver's license.
  (2) An applicant for a driver's license who is 65 years of  age   or   over 
may be required to submit annually, together with his  or   her   application 
for a driver's license, a report of a physical  examination.   An   applicant 
who has previously  held  any  type  of  driver's  license   shall   not   be 
subsequently denied a driver's license solely on the basis of age.
  (3) If a person is involved in an accident on the   track,   the   stewards 
may order such person to  submit  to  a  physical   examination,   and   such 
examination shall be completed before the person drives again.
  (4) The following conduct is disorderly and shall subject   a   driver   to 
disciplinary action:
  (a) Failure to obey the stewards' orders that are  expressly  authorized by 
the rules.
  (b) Failure to drive when programmed, unless excused by the stewards.
  (c) Drinking intoxicating beverages within 4 hours  of   the   first   post 
time of the program on which the driver is carded to drive.
  (d) Use or possession of controlled substances.
  (e) Appearing in the paddock in an unfit condition to drive.
  (f) Fighting.
  (g) Assaults.
  (h) Offensive and profane language.
  (i) Smoking on the track in silks during actual racing hours.
  (j) Warming up a horse before racing without silks.
  (k) Disturbing the peace.
  (l) Refusal to take a breathalyzer test when directed by  the  stewards.
  (m) Using  abusive  language  when  addressing,   or   showing   disrespect 
toward, a racing official  or  representative  of  the   office   of   racing 
commissioner.
  (n) Fraternizing with other drivers or patrons during the  post  parade  or 
warm-ups.
  (5) Drivers shall wear distinguishing colors and clean  white  pants,   and 
shall not be allowed to start  in  a  race  or   other   public   performance 
unless, in the opinion of the  stewards,  they  are   properly   dressed.   A 
driver shall not drive during the time when colors are required  on  a   race 
track unless he or she is wearing a type of  protective   helmet   which   is 
constructed with a hard shell of  compatible  colors   and   which   contains 
adequate padding and a chin strap in place.
  (6) A driver wearing colors who appears at a betting window, a  bar,  or  a 
restaurant dispensing alcoholic beverages shall be penalized.
  (7) A driver shall not, without good and sufficient reason,  decline  to be 
substituted by stewards. Any driver who  refuses  to  be  so  substituted  is 
subject to disciplinary action.
  (8) A driver holding a full license or  a  driver   with   a   probationary 
license shall register his or her colors with the  United   States   trotting 
association. A driver may also wear colors registered to stable owners.
  (9) A driver shall not drive against a horse in which he or   she   has   a 
pecuniary interest.

   History:  1985 AACS.


R  431.4265   Driving rule violations; complaints; disciplinary action.
  Rule 4265. (1) Although a leading horse is entitled to any  part   of   the 
track, except after selecting its position in the home stretch, the driver of 
the first horse or any other driver in  the  race  shall  not   violate   the 
driving rules by participating in any of the following conduct:
  (a) Change either to the right or left during any part of  the  race   when 
another horse is so near him or her that in altering his  or   her   position 
the driver compels the horse behind him or her to shorten   its   stride   or 
causes the driver of such other horse to pull the horse out of its stride.
  (b) Jostle or strike, or hook wheels or interfere with,  another  horse  or 
driver.
  (c) Cross sharply in front of a horse or cross in front of   a   field   of 
horses in a reckless manner or endanger other drivers.
  (d) Swerve in and out or pull up quickly.
  (e) Crowd a horse or driver by putting a wheel under him.
  (f) Carry a horse out.
  (g) Sit down in front of a horse or take up abruptly in  front   of   other 
horses so as to cause confusion or interference among trailing horses.
  (h) Let a horse pass inside needlessly or otherwise help  another  horse to 
improve its position in the race.
  (i) Commit any act which impedes the progress of another horse or causes it 
to break.
  (j) Change course after selecting a position  in  the   home   stretch   or 
swerve in and out, or bear in and out, in such a manner   as   to   interfere 
with another horse or cause it to change course or take back.
  (k) Drive in a careless or reckless manner.
  (l) Whip under the arch of the sulky, which shall be  considered  a   major 
violation.
  (m) Fail to set and maintain a pace which is reasonable for  that  class of 
horse.
  (2) All complaints by drivers of any foul driving   or   other   misconduct 
during the heat shall be made at the termination of the  heat,   unless   the 
driver is prevented from doing so by an accident  or   injury.   Any   driver 
desiring to enter a claim of foul or other complaint of a  violation  of  the 
rules shall, before dismounting, indicate to the stewards   or   the   patrol 
judge his or her desire to enter such objection  or   complaint   and   shall 
forthwith, upon dismounting, proceed to the telephone  or  stewards'   stand, 
where such objection  or  complaint  shall  be   immediately   entered.   The 
stewards shall not cause the "official" sign to  be   displayed   until   the 
objection or complaint has been entered and considered.
  (3) If any violation specified in subrule (1) of this rule is  committed by 
a person driving a horse coupled  as   an   entry   in   the   betting,   the 
stewards shall set the offending horse back.  The  horse   coupled   in   the 
entry with the offending horse shall also be set back if  the  stewards  find 
that the horse improved its finishing position as a direct  result   of   the 
offense committed by the offending horse.
  (4) In case of interference, collision,  or  violation  of   any   of   the 
provisions of this rule, the offending horse may be placed back  1  or   more 
positions in that heat or dash. If a collision   or   interference   prevents 
any horse from finishing the heat or dash,  the  offending   horse   may   be 
disqualified from receiving any winnings and the driver may  be  subject   to 
disciplinary action or, if a horse is set back, it shall  be  placed   behind 
the horse with which it interfered.
  (5) Every heat in a race shall be contested by every horse  in  the   race, 
and every horse shall be driven to the finish.  If   the   stewards   believe 
that a horse is being driven, or has  been  driven,  with   the   intent   of 
preventing its winning a heat or dash which it was evidently able to  win, or 
is being raced in an inconsistent manner or  to  perpetrate  or  to  aid   in 
fraud, they shall consider such driving a violation, and   the   driver   and 
anyone aiding the driver in effecting the outcome of the race or races may be 
subject to disciplinary action. The stewards may substitute a  competent  and 
reliable driver at any time. The substituted driver shall be   paid   at  the 
discretion of the stewards and the driver fee retained from the  purse  money 
due the horse, if any.
  (6) If a drive is unsatisfactory due to the lack of  effort   or   due   to 
carelessness or is an  inconsistent  drive,  the  stewards   may   impose   a 
penalty under this subrule.
  (7) If, in the opinion of the stewards, a driver is for any reason unfit or 
incompetent to drive, refuses to  comply   with   the   directions   of   the 
racing officials, or is reckless in his or her conduct  and   endangers   the 
safety of horses or other drivers in the race, he or she   may   be   removed 
and another driver substituted at any time after the  positions   have   been 
assigned in  a  race,  and  the  offending  driver  shall   be   subject   to 
disciplinary action. The substitute driver shall be properly  compensated.
  (8) If, for any cause, a horse fails to finish after starting  in  a  heat, 
that horse shall be ruled out.
  (9) A driver shall be mounted in his or her sulky at the  finish   of   the 
race or the horse shall be placed as not finishing.
  (10) Loud shouting or other improper conduct is  forbidden  in  a  race.
After the word "go" is given, both feet of a driver shall be  kept   in   the 
stirrups until after the finish of the race.
  (11) Drivers shall be allowed whips that do not exceed 4 feet, 8  inches in 
length and shall be allowed snappers that are not longer than 8 inches.
  (12) The use of any goading  device,  chain,  or   mechanical   device   or 
appliance, other than the ordinary whip or crop, upon  any   horse   in   any 
race shall constitute a violation of this rule.
  (13) The brutal use of a whip or crop; punching, jabbing,  or   kicking   a 
horse; or using a whip so as to interfere with, or cause  a  disturbance  to, 
any other horse or driver in a race is prohibited and shall be  considered  a 
violation of this rule. Welts, cuts, or whip marks on a horse  resulting from 
whipping shall constitute a prima facie violation of this subrule.
  (14) A horse shall not wear hopples  in  a  race  unless  it  starts  in
hopples in the first heat, and having so started,  it   shall   continue   to 
wear hopples to the finish  of  the  race.  Any  person   found   guilty   of 
removing or altering a horse's hopples during a race or  between  races   for 
the purpose of fraud shall be  suspended  or  expelled.   Any   horse   which 
habitually races free-legged shall not be permitted to wear  hopples   in   a 
race, except with the permission of the stewards. A  horse   shall   not   be 
permitted to wear a head pole which protrudes more than  10   inches   beyond 
its nose.

   History:  1985 AACS.


R  431.4270   Breaking.
  Rule 4270. (1) When any horse  breaks  from  its  gait   in   trotting   or 
pacing, its driver shall at once, where clearance exists, take  the  horse to 
the outside and pull it to its gait.
  (2) Any of the following conduct is considered to be a  violation  of  this 
rule:
  (a) Failure to properly attempt to pull the horse to its gait.
  (b) Failure to take to the outside where clearance exists.
  (c) Failure to lose ground by the break.
  (d) Failure to have a horse on gait at the finish wire.
  (3) If a contending horse on its gait is lapped on the  hind   quarter   of 
the breaking horse at the finish, the breaking horse shall be set back.
  (4) The stewards may set any horse back 1 or more places   if,   in   their 
judgment, any of the conduct specified in subrule (2)  of   this   rule   has 
occurred.
  (5) If, in the opinion of the stewards, a driver allows his or her horse to 
break for the purpose of fraudulently losing a heat, the   driver   shall  be 
liable to the penalties provided in these rules for fraud and fouls.
  (6) It shall be the duty of 1 of the stewards to call   out   every   break 
made, and the clerk shall at once note, in  writing,  the   break   and   the 
character of the break.

   History:  1985 AACS.


R  431.4275   Right of course; time for accidents.
  Rule 4275. (1) Horses called for a race shall have the  exclusive  right of 
the course and other horses shall  vacate   the   track   at   once,   unless 
permitted to remain by the stewards.
  (2) In the case of accidents, only so much time shall be  allowed  as   the 
stewards deem necessary and proper.

   History:  1985 AACS.


R  431.4280   Time and records.
  Rule 4280. (1) In every race, the time of each heat  shall  be   accurately 
recorded by an approved electric timing device and placed in  the  record  in 
minutes, seconds, and fifths of seconds. When each heat  has  been   decided, 
the time thereof shall be publicly announced or  posted.  Unofficial   timing 
shall not be announced or admitted to the record, and when the timers fail to 
act, times shall not be announced or recorded for that heat.
  (2) In any case of alleged error in  the  record  or  an   error   in   the 
announcement or publication of the time made  by  a  horse,   the   time   so 
questioned shall not be changed to favor the horse or   the   owner,   except 
upon the sworn statement of the stewards and the timer  who   officiated   in 
the race.
  (3) When requested by the racing commissioner, the distance   of   a   race 
track licensed by the racing commissioner shall be verified  by  a  certified 
measurement made wire to wire 3 feet out from the pole or inside hub rail.
  (4) The leading horse  shall  be  timed  and  only  its   time   shall   be 
announced. A horse shall not obtain a win race record  by   reason   of   the 
disqualification of another horse, unless a horse is declared  a  winner   by 
reason of the disqualification of a breaking horse on which it was lapped.
  (5) In case of a dead heat, the time shall constitute a  record   for   the 
horses making the dead heat and both shall be considered winners.
  (6) The time shall be taken when the first horse leaves  the   point   from 
which the distance of the race is measured until the   winner   reaches   the 
wire.
  (7) Any person who is guilty of the fraudulent misrepresentation of time or 
the alteration of the record  thereof   in   any   public   race   shall   be 
subject to disciplinary action and the time declared not a record.
  (8) Time trial performances may be permitted during or  after  a  regularly 
scheduled meeting if a full complement of licensed  officials   is   in   the 
stewards' stand.
  (9) Time trial performances are limited for 2-year-olds who go to  equal or 
to beat 2:10 and for 3-year-olds and over who go to equal or beat 2:05.
Time trial performance records shall not be included   in   the   performance 
lines in a race  program.  A  break  during  a  time  trial   is   a   losing 
performance and shall not constitute a record.

   History:  1985 AACS.


R  431.4285   Trainers; licensing.
  Rule 4285. (1) In addition to the general licensing  requirements  of   the 
racing commissioner, an applicant for a trainer's   license   shall   satisfy 
the stewards, in such manner  as  they  may  prescribe,  that   he   or   she 
complies with all of the following requirements:
  (a) Has not less than 2 years of experience under  a   recognized   trainer 
and has demonstrated the ability to train.
  (b) Is knowledgeable of, and conversant  in,  the   training   of   harness 
horses.
  (c) Is physically and mentally competent to train.
  (d) Is familiar with the rules pertaining to trainers and training.
  (2) A person applying for a trainer's license shall be 18  years   of   age 
and shall submit satisfactory proof of  having   successfully   completed   a 
written United States trotting association examination  or   an   examination 
given by the stewards.
  (3) When requested, an applicant for a trainer's   license   shall   submit 
evidence of physical ability or submit to a physical examination, or shall do 
both.
  (4) A person applying  for  a  trainer's  license  for   the   purpose   of 
training only horses he or she owns or in which he or she  has  an   interest 
may be issued a trainer's license without being subject to the requirement of 
having 2 years' experience under a  recognized  trainer  as  set   forth   in 
subrule (1) of this rule.
  (5) A licensed trainer may employ persons other than   grooms   to   assist 
him or her in the care and training of horses in his or   her   stable.   The 
assistant trainer shall be licensed and may perform all of the  duties  of  a 
trainer, except that the trainer  remains  the  absolute   insurer   of   the 
condition of a horse.
  (6) A horse shall not  start  unless  the  trainer  and   the   owner   are 
licensed by the racing commissioner. A trainer who is absent  from   his   or 
her stable or from the grounds where his or her horses are  racing  for  more 
than 2 consecutive racing days, and whose horses are entered or  are  to   be 
entered,  shall  provide   a   licensed   trainer    to    assume    complete 
responsibility for the horses being  entered  or   running.   Such   licensed 
trainer shall sign, in the presence of the stewards, a  form   furnished   by 
the racing commissioner accepting complete responsibility  for   the   horses 
entered or running.

   History:  1985 AACS.


R  431.4290   Protective nose shield.
  Rule 4290. A protective nose shield may be worn by  standardbred  horses in 
pari-mutuel races when  the  racing  commissioner  determines  that   weather 
conditions warrant the use for humane considerations.  The   stewards   shall 
approve  the  type  of  protective  nose  shield    permitted.    Under    no 
circumstance shall the protective nose shield be  constructed   of   material 
other than that which is transparent. For purposes of  photo  finishes,   the 
winner of the race shall be the horse whose nose or  protective  nose  shield 
reaches the wire first.

   History:  1985 AACS.