PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 15,
FRIDAY, JULY 26, 2013
Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 10 RACING COMMISSION
09.10.02 Harness Racing
Authority: Business Regulation Article,
§11-210, Annotated Code of Maryland
Notice of Proposed Action
The Maryland Racing Commission proposes to adopt new Regulation
.53-1 under COMAR 09.10.02 Harness Racing. This action was considered by the Maryland Racing Commission at a
public meeting held on May 21, 2013, notice of which was given pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide an opportunity for a standardbred horse to be eligible to participate in a specific
Maryland Standardbred Race Fund Race restricted to a horse that is either 4 or 5 years old and that qualifies for the Sire
Stakes Program for 4- and 5-year olds.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to J. Michael Hopkins, Executive Director, Maryland Racing Commission, 300 East Towsontown Blvd., Towson, MD
21286, or call 410-296-9682, or email to firstname.lastname@example.org, or
fax to 410-296-9687. Comments will be accepted through September 6, 2013. A public hearing has not been scheduled.
Final action on the proposal will be considered by the Maryland Racing Commission during a public meeting to be held on
September 17, 2013, 12:30 PM, at Laurel Park, Laurel, MD 20725.
.53-1 Sire Stakes Program for 4 and 5 Year Olds.
(1) In this regulation, the following terms have the same meanings as provided in Regulation .53 of this chapter.
(2) Terms Defined.
(a) "Advisory Committee";
(c) "Owner"; and
(d) "USTA" .
B. Eligibility for Participation. For a horse to be eligible to participate in a race that is a part of the Sires Stakes
Program for 4 and 5- Year-Olds, the horse shall:
(1) Have been nominated as a yearling to the Sire Stakes Program; and
(2) Be registered with the Advisory Committee by February 15 as a 4-year-old or a 5- year- old to race that year.
C. Sustaining Fees.
(1) Except as provided in §C(2) of this regulation, the following sustaining fees are required by the following
dates for the maintenance of a horse’s eligibility:
(a) A sustaining fee as a 4-year-old, $120 and a completed sustaining form by February 15 of that year; or
(b) A sustaining fee as a 5-year-old, $120 and a completed sustaining form by February 15 of that year.
(2) If the March 15 2-year-old payment and the February 15 3-year-old payment were made, no sustaining fee is due.
(3) Except as provided under §C(2) of this regulation, a horse shall be disqualified from participation in any races
during the current year sponsored by this Program if there is a failure to make a timely payment of a fee under this section.
D. Declaration Fee.
(1) A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into
which the horse is declared.
(2) The declaration fee is $100.
E. Time and Method of Payment.
(1) To be timely, the appropriate fee shall be:
(a) Delivered to the Advisory Committee by the designated due date; or
(b) Mailed bearing a postmark which is on or before the due date.
(2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
(a) Delivered to the Advisory Committee by the next business day; or
(b) Mailed bearing a postmark which is not later than the next business day.
(3) Exceptions may not be made to the requirements of this section.
F. The owner of the horse is responsible for the declaration fee, and, if the owner of the horse is not the declarer of the
horse, the person making the declaration is also responsible for the declaration fee.
G. Eligibility to Start.
(1) A horse, otherwise eligible to participate in this program, may not be declared in to start unless the
horse has at least one satisfactory charted performance line at the time set for declaring in.
(2) A satisfactory charted performance line is a performance line:
(a) Credited to a horse after the horse starts from behind a starting gate in a qualifying or purse
race within 30 days of the Sires Stakes Program for 4 and 5 Year-Olds race in which the horse is to participate; and
(b) Which shows that the horse has completed the race without a break, other than a break caused by
interference or broken equipment, at, or within, the following times according to the horse’s age and gait: