811 KAR 2:010. Definitions.
RELATES TO: KRS 230.610-230.770
STATUTORY AUTHORITY: KRS Chapter 13A
NECESSITY, FUNCTION, AND CONFORMITY: To regulate conditions under which Arabian, quarter horse and appaloosa racing shall be conducted in Kentucky. The function of this administrative regulation is to define the terms used in the commission's rules and administrative regulations.
Section 1. Definitions. The following words and phrases, irrespective of literal meaning as defined in recognized dictionaries, have assumed special meaning and connotations as used in racing, and in the context of these rules, shall be construed as having the following special meaning:
(1) "Added money" means cash, exclusive of trophy or other award, added by the association to stake fees paid by subscribers to form the total purse for a stakes race.
(2) "Age" of a horse is reckoned as beginning on the first day of January in the year in which the horse is foaled.
(3) "Allowance race" means a race in which contestants receive weight allowance based on performance and/or winnings as stipulated in the conditions thereof.
(4) "Appaloosa horse" means a horse duly registered with the Appaloosa Horse Club, Inc., Moscow, Idaho.
(5) "Arabian horse" means a horse duly registered with the Arabian Horse Club Registry of America.
(6) "Arrears" means money due for entrance fees, jockey fees, nomination or supplemental fees in stake races, fines, purchase money in claiming races, and/or default in any payment due incidental to the rules and administrative regulations or conditions of a race.
(7) "Association" means any person, corporation, organization, or partnership licensed by the Kentucky Quarter Horse and Appaloosa Commission under KRS 230.420(2) and engaged in the conduct of a recognized Arabian, quarter horse or appaloosa race meeting.
(8) "Authorized agent" means an agent appointed by a notarized document signed by the owner and lodged annually with the Secretary of the Kentucky Quarter Horse and Appaloosa Commission, or if a single meeting only with the secretary of the meeting, to be sent to the commission.
(9) "Betting interest" means a single horse, or more than one (1) horse joined as a "mutuel entry" or joined in the "mutuel field," on which a single pari-mutuel wager may be placed.
(10) "Bleeder" means any horse known to have bled from its nostrils during a workout or race.
(11) "Bred" means the place at which a horse is foaled.
(12) "Breeder" of a horse is the owner of its dam at the time of service.
(13) "Claiming race" means any race in which every horse running therein may be transferred in conformity with these rules.
(14) "Closing" means time published by the association after which entries for a race will not be accepted.
(15) "Commission" means the Kentucky Quarter Horse and Appaloosa Commission. "Commissioner" is a member of the commission.
(16) "Corrupt practice" shall mean any attempt to enrich oneself or associates or gain an advantage, through unfair, unlawful, or dishonest behavior in connection with the racing of horses.
(17) "Day" means any twenty-four (24) hour period beginning at 12:01 a.m., and ending at midnight. "Racing day" is a day on which races are conducted. "Calendar days" are those consecutive days counted irrespective of number of "racing days."
(18) "Declaration" means withdrawal of horse entered in a race prior to time of closing of entries therefor in conformance with these rules.
(19) "Directive" means an official order issued by the commission.
(20) "Disciplinary action" means that taken by the stewards or the commission for a rule violation and can include suspension, revocation, voidance of a license or ejection or exclusion from association grounds, or assessment of a forfeiture, or reprimand, or any combination thereof.
(21) "Disqualification" means an order of the stewards or commission revising the order of finish of a race.
(22) "Entry" means the act of nominating a horse for a race in conformance with these rules. (See "mutuel entry.")
(23) "Equipment" means accouterments other than ordinary saddle, girth, pad, saddle cloth, and bridle carried by a horse, and includes whip, blinkers, tongue strap, muzzle, hood, noseband, bit, shadow roll, martingale, breast plate, bandages, boots, and racing plates or shoes.
(24) "Exhibition race" means a race between horses of diverse ownership for which a purse is offered by the association, but on which no pari-mutuel wagering is permitted.
(25) "Field or mutuel field" means a single betting interest involving more than one (1) horse formed when the number of horses starting in a race exceeds the numbering capacity of the totalizator, and the highest numbered horse within the numbering capacity of the totalizator and all horses of a higher number are grouped in the "mutuel field."
(26) "Forfeit" means money due by a licensee because of an error, fault, neglect of duty, breach of contract, or alternative order of the stewards or commission.
(27) "Foul" means any action by any jockey that tends to hinder another jockey or any horse in the proper running of the race.
(28) "Handicap race" means a race in which the weights to be carried by the horses therein are assigned by the association handicapper with the intent of equalizing the chances of winning for all horses entered therein. A "free handicap" is a handicap for which no nominating fee is required to be weighted, but an entrance or starting fee may be required for starting therein.
(29) "Horse" means Arabian, quarter horse or appaloosa registered as such with the American Quarter Horse Association in Amarillo, Texas, or the Appaloosa Horse Club, Inc., in Moscow, Idaho; and when used in these rules to designate any Arabian, quarter horse or appaloosa irrespective of age or sex designation.
(30) "Ineligible" means horse or person not qualified under these rules or conditions of a race to participate in a specified racing activity.
(31) "Jockey" means rider currently licensed to ride in races as a jockey, or amateur jockey, or a provisional jockey permitted by the stewards to ride in two (2) races prior to applying for a license.
(32) "Kentucky bred" is a foal dropped by a mare after being bred in Kentucky.
(33) "Kentucky race" means a race in which the contestants are Kentucky bred and foaled horses as stipulated in the conditions.
(34) "Lessee" means licensed owner whose interest in a horse is a leasehold.
(35) "Licensee" means person or association that has been duly issued a currently valid license to participate in racing in this Commonwealth by the Kentucky Quarter Horse and Appaloosa Commission.
(36) "Maiden" is a horse which shows in the Daily Racing Form, the American Quarter Horse Chart Book or the Appaloosa Chart Book as never having won a race on a track recognized by the Kentucky Quarter Horse and Appaloosa Commission. A maiden which has been disqualified after finishing first in a race is still a maiden.
(37) "Match race" means race between two (2) horses for which no other horses are eligible.
(38) "Meeting" means the entire period of consecutive days, exclusive of Sundays and dark days, granted by the commission to a licensed association for the conduct of racing, beginning at 10 a.m. of the first racing day and extending through a period ending one (1) hour after the last scheduled race of the last day. (See "recognized meeting.")
(39) "Month" means calendar month.
(40) "Mutuel entry" means single betting interest involving two (2) or more horses entered in the same race and joined for pari-mutuel purposes because of common ties as to ownership or training so that a wager on one (1) horse joined in a "mutuel entry" is a wager on all horses joined in the same "mutuel entry."
(41) "Mutuel field" means the same as "field." (See subsection (24) of this section.)
(42) "Nomination fee." (See "subscription)".
(43) "Nominator" means any person in whose name a horse is entered for a stake race.
(44) "Off time" is the moment at which, on signal of the starter, the horses break and run.
(45) "Owner" means any person who holds, in whole or in part, any right, title, or interest in a horse, or any lessee of a horse, who has been duly issued a currently valid owner's license as a person responsible for such horse.
(46) "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, or second, or third. (See also, "unplaced.")
(47) "Post" means the starting point of a race.
(48) "Post position" means the relative place assigned to each horse, numbered from the inner rail across the track at the starting line, from which each horse is to start a race.
(49) "Post time" means the time set for the arrival at the starting point of the horses in a race.
(50) "Prize" means the combined total of any cash, premium, trophy, and object of value awarded to the owners of horses according to order of finish in a race.
(51) "Purse" means the gross cash portion of the prize for which a race is run.
(52) "Purse race" means any race for which entries close less than ninety-six (96) hours prior to its running, and for which owners of horses entered are not required by its conditions to contribute money toward its purse.
(53) "Quarter horse" means a horse registered with the American Quarter Horse Association of Amarillo, Texas.
(54) "Race" means running contest between horses, ridden by jockeys, over a prescribed course free of obstacles or jumps, at a recognized meeting, during regular racing hours, for a prize.
(55) "Race day" means any period of twenty-four (24) hours beginning at midnight and included in the period of a race meeting.
(56) "Racing official" means racing commissioner, commission staff as duties require, and all association racing department employees, as duties require.
(57) "Recognized meeting" means any race meeting conducted under jurisdiction of any legally constituted board or commission conducted with approval of the American Quarter Horse Association of Amarillo, Texas, or the Appaloosa Horse Club, Inc., of Moscow, Idaho.
(58) "Recognized tracks" are those conducting recognized meetings.
(59) "Registration certificate" means document issued by the American Quarter House Association of Amarillo, Texas, or the Appaloosa Horse Club, Inc., of Moscow, Idaho, certifying as to the name, age, color, sex, pedigree, and breeder of a horse as registered by number with the American Quarter Horse Association or the Appaloosa Horse Club.
(60) "Ruled off" means denial of entrance to premises of any association under jurisdiction of the commission.
(61) "Rules" when used in the plural, shall be deemed to mean all current "rules" promulgated by the commission; when used in the singular, shall be deemed to be confined to the numbered "rule," and subparagraphs thereof, wherein such mention is made.
(62) "Rulings" means all determinations, decisions, or orders of the stewards or of the commission duly issued in writing and posted.
(63) "Schooling race" means a race designed to correct deficiencies in horses before being eligible for entry.
(64) "Scratch" means withdrawal of a horse entered for a race after time of closing of entries therefor in conformance with these rules.
(65) "Scratch time" means time set by the racing secretary as a deadline for horsemen to indicate their desire to scratch out of a race.
(66) "Secretary" means duly appointed and currently serving secretary of the commission.
(67) "Specimen" means sample of blood, urine, or saliva taken or drawn from a horse for chemical testing.
(68) "Stakes" mean all fees paid by subscribers to an added-money or stakes race for nominating, eligibility, entrance, or starting, as may be required by the conditions of such race, such fees to be included in the purse.
(69) "Stakes race" means race which closes more than seventy-two (72) hours in advance of its running and for which subscribers contribute money towards its purse.
(70) "Starter:"
(a) Official who dispatches the horses from the starting gate;
(b) A horse is a starter when the stall doors of the starting gate open in front of it at the time the official starter dispatches the horses.
(71) "Stewards" means duly appointed racing officials with powers and duties set out in 812 KAR 1:025 serving at a current meeting in this Commonwealth.
(72) "Subscription" means a fee to keep a horse eligible to run in a stake race.
(73) "Suspended" means withdrawal by the steward or commission of racing privileges.
(74) "Tote (tote board)" means the totalizator.
(75) "Trial race" is a race designed primarily to determine the class of competing horses. A trial may be run as a purse race or stakes, or it may be run as a "time trial" with no purse at all. Whenever a trial is run for a purse or stakes so small that the value to the winner is less than fifty (50) dollars, the winning of the race shall not be counted against the winner in calculating the weight he must carry under the conditions of a subsequent race.
(76) "Unplaced" means not among the first three (3) horses finishing a race.
(77) "Walkover" means race in which the only starter or all starters represent single ownership.
(78) "Weigh in" means presentation of a jockey to the clerk of scales for weighing after a race.
(79) "Weigh out" means presentation of a jockey to the clerk of scales for weighing prior to a race.
(80) "Weight" means the number of pounds carried or to be carried in a race and includes the jockey, his silks, breeches, and boots, saddle, pad and cloth but excludes the protective helmet, whip, and bridle.
(81) "Workout" means training exercise of a horse on the training track or main track of an association during which such horse is timed for speed over a specified distance.
(82) "Year" means twelve (12) consecutive months beginning with January and ending with December. (Recodified from 812 KAR 1:010, 6-10-87.)