811 KAR 1:220. Harness racing at county fairs.
RELATES TO: KRS 230.215, 230.260, 230.280, 230.290, 230.300, 230.310,230.398
STATUTORY AUTHORITY: KRS 230.215, 230.260, 230.398
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the commission to promulgate administrative regulations prescribing the conditions under which horse racing shall be conducted in Kentucky. KRS 230.398 authorizes the commission to promulgate administrative regulations as may be necessary for the conduct of county fair races. This administrative regulation establishes conditions, races, purses, and payments in races conducted at county fairs in which funds for purses are provided by the commission, and regulates eligibility for participation in harness racing at county fairs.
Section 1.Eligibility. In order to qualify to participate in a stake race at a county fair:
(1) The participating horse shall be either a two (2) or three (3) year old standardbred that is the product of the mating of a mare with a Kentucky Standardbred Development Fund registered stallion;
(2) An owner of the participating horse shall be a current member of the Kentucky Colt Racing Association, Inc.;
(3) An owner of the participating horse shall be currently licensed by the commission; and
(4)The trainer and driver of the participating horse shall be currently licensed by the commission.
Section 2. (1)A fair shall have a safe and adequate track, and the entire track, including start and finish lines, shall be visible to judges and spectators.
(2) The track shall be inspected and approved by a representative of the commission.
Section 3. A track shall have a hub rail or pylons approved by the commission.
Section 4. (1) A fair shall have safe and adequate stalls for participating horses.
(2) If permanent stalls are not available, either on or off the fairgrounds, tents or other tie-in type stalls may be used.
(3) A county fair shall not charge stall rent for horses racing at the county fairs with the exception of state-owned property.
Section 5. (1) The Kentucky Colt Racing Association county fair fee shall be as follows:
(a) A nomination fee of fifty (50) dollars per horse due before February 15 of the year in which the fair is being conducted;
(b) A sustaining fee of $200 per horse due before April 15;
(c) A starting fee of fifty (50) dollars per horse, per fair, due at the time of entry to the fair; and
(d) A twenty-five (25) dollar fee per horse for starting in an overnight race, due at the time of entry to the fair.
(2) A $200 payment shall be due at the time of entry for a horse eligible for the fair finals.
Section 6. Officials at county fairs. (1) The Kentucky Colt Racing Association shall submit to the commission, at least sixty (60) days prior to the opening of a race meeting, a written list of racing officials and applicable employees.
(2) At a county fair, there shall be at least one (1) presiding judge approved by the commission in the judges' stand. In addition, at a meeting in which races are charted, the association member shall provide both a licensed charter and licensed clerk of the course.
(3) A fair shall use licensed United States Trotting Association judges to preside over the racing.
(4) The judges shall review the ownership of any horse that is entered in order to ensure that it is eligible to race.
(5) The judges may determine the validity for racing purposes of any lease, transfer, or agreement pertaining to ownership of a horse and may call for adequate evidence of ownership at any time.
(6) The judges may declare a horse ineligible to race if the ownership or control of the horse is in question.
Section 7. A fair shall use a licensed starter with adequate equipment.
Section 8. (1) The entry fees established in Section 5 of this administrative regulation shall be collected by a fair and used:
(a) To pay racing officials;
(b) To provide purses for overnight racing events; and
(c) To promote fair racing as otherwise needed.
(2) A fair shall, upon request, make a full accounting of the entry fees to the commission.
Section 9. A fair shall apply to the commission for a license to conduct a harness racing event and for approval of funds by December 15 of the year prior to the year of the event. At the time of application, the request for pari-mutuel wagering shall be included.
Section 10. A fair shall have the right to change the order of its program and to postpone or cancel an event due to bad weather or unavoidable cause. If a race is canceled entry fees shall be refunded.
Section 11. An early closing event, and all divisions of that event, shall race a single heat at a distance of one (1) mile and shall be contested for a purse approved by the commission annually.
Section 12. There shall not be more than nine (9) starters in any race. If a race is divided into divisions, the purse shall be divided so that each division races for an equal portion of the purse. The purses shall be divided as follows:
(1) Five (5) starters - fifty (50) percent, twenty-five (25) percent, twelve (12) percent, eight (8) percent, and five (5) percent;
(2) Four (4) starters - fifty (50) percent, twenty-five (25) percent, fifteen (15) percent, and ten (10) percent;
(3) Three (3) starters - fifty-five (55) percent, thirty (30) percent, and fifteen (15) percent;
(4) Two (2) starters - sixty-five (65) percent and thirty-five (35) percent; and
(5) One (1) starter - 100 percent.
Section 13. (1) Points shall be awarded in an early closing race, and any division of an early closing race, as follows:
(a) First place finisher - fifty (50) points;
(b) Second place finisher - twenty-five (25) points;
(c) Third place finisher - twelve (12) points;
(d) Fourth place finisher - eight (8) points;
(e) Fifth place finisher - five (5) points; and
(f) Each starter that finishes out of the money - one (1) point.
(2) If two (2) horses dead-heat for any position, they shall each receive one-half (1/2) of the points awarded for that position and one-half (1/2) the points awarded for the next lower position. The same procedure shall be used for the allocation of points if there is a dead-heat of three (3) or more horses.
(3) A horse that is declared in and then is the subject of a judge’s scratch shall be awarded one (1) point based upon the decision of the presiding judge. This decision shall be final.
(4) A horse that starts in a Kentucky Sires Stake race within three (3) days of a scheduled county fair race of the same class shall be awarded a county fair start and one (1) point.
(5) If there is a tie among two (2) or more horses with the same number of points, the tie shall be resolved in favor of the horse with the higher earnings in the early closing fair events in which the horses have competed.
Section 14. A horse shall not be allowed to compete in more than one (1) race at any fair.
Section 15. (1) The winning horse at a fair race and any other horse or horses as selected by the judges may be subjected to a drug test as set forth in 811 KAR 1:090 and 811 KAR 1:260.
(2) A fair shall provide two (2) enclosed stalls and bedding to be used by the commission veterinarian for drug testing.
(3) The stalls required by subsection (2) of this section shall be located as close to the race track as possible.
(4) The stalls shall be positioned so as to allow the track announcer to be heard.
Section 16. A current negative Coggins test shall be required for each horse racing at a fair.
Section 17. A driver shall wear full colors, white pants, an approved vest, and an approved helmet if on the track less than one (1) hour before the start of a fair racing program.
Section 18. A fair shall provide a trophy or blanket to the winner of a race. If a race is contested in heats or divisions, the trophy shall be presented to the winner of the fastest heat or division.
Section 19. An early closing race shall be contested regardless of the number of entries. However, a fair may cancel an overnight race with less than five (5) entries.
Section 20. The deadline for entries at a fair shall be set by the Kentucky Colt Racing Association at its annual October meeting preceding the racing year.
Section 21. A county fair track holding races for purses shall provide a printed program available to the public containing the following information for:
(1) Nonpari-mutuel tracks:
(a) Horse’s name and sex;
(b) Color and age of horse;
(c) Sire and dam of horse;
(d) Owner’s name and colors;
(e) Driver’s name;
(f) Trainer’s name; and
(g) Summary of 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 nonpurse race; and
(2) Pari-mutuel tracks:
(a) Horse’s name and sex;
(b) Color and age of horse;
(c) Sire and dam of horse;
(d) Owner’s name;
(e) Driver’s name and colors;
(f) Trainer’s name;
(g) Summary of starts in purse races, earnings, and best win time for the current and preceding year. A horse’s best win time may be earned in either a purse or nonpurse race;
(h) At least the last six (6) performance and accurate chart lines. An accurate chart line shall include:
1. Date of race;
2. Location of race;
3. Size of track if other than a one-half (1/2) mile track;
4. Symbol for free-legged pacers;
5. Track condition;
6. Type of race;
8. The fractional times of the leading horse including race times;
9. Post position;
10. Position of the one-quarter (1/4), the one-half (1/2), and the three-quarters (3/4);
11. Stretch with lengths behind leader;
12. Finish with lengths behind leader;
13. Individual time of the horse;
14. Closing dollar odds;
15. Name of the driver;
16. Names of the horses that placed first, second, and third by the judges; and
17. The standard symbols for breaks and park-outs shall be used if applicable;
(i) Indicate drivers racing with a provisional license; and
(j) Indicate pacers that are racing without hobbles.
Section 22. Payments. Nomination and sustaining payments shall be made to the Kentucky Colt Racing Association. Entry fees shall be paid to the fair for which the entry is taken.
Section 23. A person or association that violates a provision of this administrative regulation shall have committed a Category 1 violation and shall be subject to the penalties set forth in 811 KAR 1:095, Section 4(1). (12 Ky.R. 1569; eff. 4-17-86; Am. 27 Ky.R. 2593; 3099; eff. 5-14-2001; 33 Ky.R. 988; 1817; eff. 2-2-07; 37 Ky.R. 1089; Am. 1654; eff. 2-4-2011.)