811 KAR 1:020. Registration and identification of horses.

 

      RELATES TO: KRS 230.215(2), 230.260(1), (7), (2), EO 2009-535

      STATUTORY AUTHORITY: KRS 230.215(2), 230.260(8), EO 2009-535

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the Commission to promulgate administrative regulations prescribing the conditions under which harness racing shall be conducted in Kentucky. EO-2009-535, effective June 12, 2009, established the Kentucky Horse Racing Commission and transferred all functions of the Kentucky Horse Racing Authority to the commission. This administrative regulation establishes requirements concerning the registration, ownership, and identification of horses, and the furnishing of information about horses.

 

      Section 1. Registration. Any matter relating to registration of standardbred horses shall be governed by the rules of the United States Trotting Association.

 

      Section 2. Bona Fide Owner or Lessee. A horse not under lease shall race in the name of the bona fide owner. A horse under lease shall race in the name of the lessee and a copy of the lease shall be recorded with the commission.

 

      Section 3. Program Information. (1) A printed program shall be available to the public at any meeting in which horses are raced for purse money. A program shall furnish:

      (a) Horse's name and sex;

      (b) Color and age;

      (c) Sire and dam;

      (d) Owner's name; and

      (e) Driver's name and colors.

      (2) At extended pari-mutuel meetings, the following additional information shall be furnished:

      (a) In claiming races, the price for which the horse is entered to be claimed;

      (b) A minimum of the last six (6) performances and accurate chart lines. A performance and accurate chart line shall include:

      1. Date of race;

      2. Place of race;

      3. Size of track, if other than a half-mile track;

      4. Symbol for free-legged pacers;

      5. Symbol for hobbled trotters;

      6. Track condition;

      7. Type of race;

      8. Distance;

      9. Fractional times of the leading horse including race time;

      10. Post position;

      11. Position of:

      a. One-quarter (1/4);

      b. One-half (1/2);

      c. Three-quarters (3/4);

      d. Stretch with lengths behind leader; and

      e. Finish with lengths behind leader;

      12. Individual time of the horse;

      13. Closing dollar odds;

      14. Name of the driver; and

      15. Names of the horses placed first, second, and third by the judges. The standard symbols for breaks and park-outs shall be used, if applicable;

      (c) Information indicating drivers racing with a provisional license;

      (d) Information indicating pacers that are racing without hobbles;

      (e) Information indicating trotters that are racing with hobbles;

      (f) Summary of starts in purse races, earnings, and best win time for current and preceding year. A horse's best win time may be earned in either a purse or nonpurse race;

      (g) The name of the trainer and stable, if applicable; and

      (h) The date, place, time, driver, finish, track condition, and distance on the consolidated line, if the race is not one (1) mile.

      (3) All horses drawn into an early closer, a late closer, stake, or futurity shall be listed in the official program.

 

      Section 4. Failure to Furnish Reliable Program Information. A person, including a program director or association official who knowingly provides inaccurate information regarding a horse's performance, or who knowingly attempts to have inaccurate information given on a program, shall be considered to be in violation of this administrative regulation and shall be charged pursuant to Section 9(1) of this administrative regulation. The association or program director shall be subject to a fine not to exceed $500 and the track or the program director shall be suspended until arrangements are made to provide accurate and reliable program information.

 

      Section 5. Check on Identity of Horse. An association official or member of the commission, or their respective agents, may call for information concerning the identity and eligibility of a horse on the grounds of a track, and may demand an opportunity to examine that horse for the purpose of establishing the horse's identify or eligibility. If the owner or party controlling that horse refuses to supply the information, or to allow an examination, or fails to give satisfactory identification, the horse and the owner or party shall be barred and suspended or expelled.

 

      Section 6. Identification Requirements. A horse shall not start at an extended pari-mutuel meeting if the horse has not been tattooed, freeze branded, or received an electronic horse identification microchip which accurately identifies the horse and is compliant with the international standard ISO 11784:1996/Amd 1:2004.

 

      Section 7. False Chart Lines. An official, clerk, or person who enters a chart line on an electronic eligibility if the race has not been charted by a licensed charter shall be considered in violation of this administrative regulation.

 

      Section 8. Withholding Registration. A person withholding a registration certificate from the owner or lessee of a horse, after proper demand has been made for the return thereof, shall be suspended until the certificate is returned.

 

      Section 9. Penalties. (1) A person or association that violates Section 4 of this administrative regulation shall have committed a Category 3 violation and shall be subject to the penalties set forth in 811 KAR 1:095, Section 4(3).

      (2) A person or association that violates any provision of this administrative regulation, other than Section 4, shall have committed a Category 1 violation and shall be subject to the penalties set forth in 811 KAR 1:095, Section 4(1).

 

      Section 10. Incorporation by Reference. (1) "ISO 11784, Radiofrequency identification of animals", 1996/Amd 1:2004, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511, Monday through Friday, 8 a.m. to 4:30 p.m. (KTC 1-8 (Rules 2, 7); 1 Ky.R. 1102; eff. 6-11-1975; Am. 6 Ky.R. 298; eff. 1-2-1980; 9 Ky.R. 967; eff. 3-2-1983; 23 Ky.R. 2287; 3569; eff. 3-14-1997; 27 Ky.R. 2586; 3092; eff. 5-14-2001; 33 Ky.R. 920; 1813; eff. 2-2-2007; 36 Ky.R. 1345; 1926; eff. 3-5-2010.)