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09.10.01 - Maryland Racing Commission - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 8,
FRIDAY, APRIL 14, 2017

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action
[17-027-F]

On March 23, 2017, the Maryland Racing Commission adopted amendments to Regulations .07, .12, .17, .22, .23, .29, .36, and .58 and the repeal of Regulations .04, .37, and .54 under COMAR 09.10.01 Thoroughbred Rules. This action, which was proposed for adoption in 44:2 Md. R. 106—108 (January 20, 2017), has been adopted as proposed.

Effective Date: April 24, 2017.

J. MICHAEL HOPKINS
Executive Director

.04 [Stalls.] Reserved.
[A. At least 30 days before the commencement of a race meeting, the track licensee shall:
(1) Submit to the Commission for approval the eligibility criteria established by the track for stall allocation;
(2) Make a stall application form available to all licensed trainers; and
(3) Specify the closing date by which a stall application must be received in order to be considered for that race meeting.
B. A track licensee shall notify a licensed trainer in writing of the granting or denial of all or any part of the request for stall space within 10 calendar days of the application date.
C. A licensed trainer who has been denied stall space may appeal that denial to the Commission within 7 calendar days of receipt of the notice.
D. The Commission shall hold a hearing on the appeal to determine whether the track licensee has acted in accordance with the applicable eligibility criteria.
E. A track licensee or a licensed trainer aggrieved by the decision of the Commission may appeal that decision in accordance with the provisions of State Government Article, §10-222, Annotated Code of Maryland.]

.07 Claiming.
A. (text unchanged)
A-1. In claiming races a horse is not subject to claim if:
(1) (text unchanged)
(2) The last start of the horse was a claiming race;
[(2)] (3) The horse is entered for a claiming price [at least equal to the claiming price for which the horse last started] not less than the claiming price of its last start;
[(3)] (4) — [(4)] (5) (text unchanged)
B.—C. (text unchanged)
D. A valid claim shall:
(1)—(7) (text unchanged)
(8) Be deposited in [the time] a lock box of the claims clerk at least 10 minutes before the post time for the race in which the claimed horse is to participate; and
(9) (text unchanged)
E.—R. (text unchanged)

.12 Dead Heats.
[A. When a race results in a dead heat, the dead heat may not be run off.]
[B.] A.—[E.] D. (text unchanged)

.17 Entries, Declarations and Scratches.
A.—B. (text unchanged)
C. Entries and declarations shall be made in [writing] a manner designated by the racing secretary and signed by the owner of the horse, by his authorized agent, or by some person deputized by him. [Each association shall provide blank forms on which entries and declarations are to be made.]
D. Entries and scratches may be made by [telephone or telegraph] any manner designated by the racing secretary.
E.—L. (text unchanged)
M. [All maiden and claiming races shall have seven betting interests before they are drawn while all other races may have less than seven betting interests. If the racing secretary finds it difficult to make up the day’s racing program, he may as a last resort card maiden or claiming races, or both, with less than seven betting interests.] In all races, except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter when running against colts, geldings or horses.
N.—O. (text unchanged)
P. [The list of entries for overnight races shall be closed at the advertised time.] An entry may not be admitted after [that time] the racing secretary has declared them closed, except that, in case of an emergency, the racing secretary, with the consent of a steward, may [grant an extension of time] re-open the entries.
Q.—R. (text unchanged)
[S. In the absence of conditions or notice to the contrary, entries to overnight races shall be considered closed not later than 10:30 a.m. on the day designated for entries to close. The stewards may permit entries to close later than 10:30 a.m. on the day of closing.]
[T.] S.—[Z.] Y. (text unchanged)
AA. (text unchanged)
BB. Each horse is entitled to 5 feet of the width of the track. [If the starters exceed the width of allowance for the whole number, owners may be required to decide by lot on the horses that are to run; provided, however, that in stake races the horses may be arranged in lines behind a barrier approved by the steward.]
CC. —YY. (text unchanged)

.22 Jockey Agents.
A.—C. (text unchanged)
D. [If any jockey agent gives up the making of engagements for any rider, he immediately shall notify the stewards, the Commission, and the clerk of the scales. The agent also shall turn over to the stewards a list of any unfilled engagements he may have made for that rider.
E.] Conflicting claims for the services of a jockey shall be decided by the stewards and first call shall have priority.
[F. All jockey agents shall have in their possession at all times engagement books approved by the stewards, and all engagements made for jockeys by agents shall be recorded in these books. Books are subject to examination by the stewards at all times.
G.] E. No person other than an owner, trainer, jockey agent, or authorized agent of an owner in good standing shall make engagements for an apprentice jockey or jockey. However, a jockey not represented by an agent may make his own engagements.
[H. A jockey agent may not give to anyone, directly or indirectly, any information or advice, or engage in the practice commonly known as “touting”, for the purpose of influencing any person, or tending so to do, in the making of a wager on the result of any race.
I.] F. Jockey agents shall explain rival claims for any mount or for any rider. Inability to satisfy the stewards that the rival claims arose through bona fide error shall create a presumption of fraud, and constitute cause for an agent’s license to be revoked.
[J.] G. — [K.] H. (text unchanged)

.23 Apprentice Jockey.
A.—A-1. (text unchanged)
B. [Contracts and Certificates.
(1) A contract entered into between an apprentice jockey, or an individual aspiring to become an apprentice jockey, and an owner or trainer shall:
(a) Provide for instruction in horsemanship to an individual in exchange for services by the individual in relation to racing;
(b) Have a term of not less than 3 years or more than 5 years;
(c) If made for a term of less than 5 years, be subject to a written extension which, when added to the initial term, would total not more than 5 years;
(d) Be subject to approval by the stewards; and
(e) Be filed with the Commission:
(i) Before the individual rides in a race,
(ii) Within 30 days of the contract’s execution, or
(iii) Upon the individual filing an application for a license, whichever comes first.
(2) If the individual is younger than 18 years old, written parental consent to the contract is required.
(3) A contract may not be approved by the stewards unless the contract provides to the apprentice:
(a) Fair remuneration;
(b) Adequate medical attention;
(c) Suitable board and lodging;
(d) Workers’ compensation insurance coverage; and
(e) A provision for saving a portion of the individual’s earnings.
(4) After at least 1 year’s service with a racing stable, the apprentice jockey may apply to the stewards for an apprentice certificate to be used instead of the traditional apprentice contract for record-keeping purposes.
(5) The original apprentice jockey contract shall be kept in full force and effect throughout its contract period unless terminated earlier with the mutual consent of the contracting parties.
(6) An individual under contract may ride, or agree to ride, a horse in a race for someone other than the individual’s contract holder only:
(a) With the consent of the contract holder; and
(b) If the contract holder is not the trainer or owner, in whole or in part, of another horse in that race.
(7) An amendment to the original apprentice contract shall be sent to the Commission where the original contract is filed.
(8) The holder of an apprentice contract shall be subject to investigation as to:
(a) Character;
(b) Ability; and
(c) Financial responsibility.
(9) An owner or trainer may not be allowed to enter into a contract in Maryland with an apprentice jockey or an individual aspiring to become an apprentice jockey unless the owner or trainer is in control or possession of such a stable of horses as would, in the opinion of the stewards, warrant the employment of an apprentice.
C.] Fees. An apprentice jockey shall be entitled to the regular jockey fees, except when riding a horse owned in part or solely by the contract holder.
[D.] C. (text unchanged)

.29 Paddock to Post.
A.— N. (text unchanged)
O. A [bell may be rung to indicate the time to saddle and a] bugle [shall] may be sounded to indicate the time to go to the post.

.36 Racing Officials.
A. (text unchanged)
B. [The racing secretary, or a designee of the secretary, shall be clerk of the course.]
[C.] B.—[F.] E. (text unchanged)

.37 [Clerk of the Course.] Reserved.
[The clerk of the course shall:
A. Discharge all duties required by these rules, and he shall report regulations;
B. Report to the stewards all violations of the regulations;
C. Keep complete records of all races;
D. Receive stakes, entrance monies, and fees, including jockeys’ fees;
E. Accept, on behalf of the association, entries to races and transfers of engagements; and
F. Within 15 days from the close of the meeting:
(1) Pay to the persons entitled to it, all the money collected by the clerk of the course; and
(2) Notify the association of the charges, if any, then remaining unpaid, which shall become the responsibility of the association.]

.54 [Scale of Weights.] Reserved.
[A.] (table proposed for repeal)
[B. In races of intermediate distances the weights for the shorter distance are carried.
C. In thoroughbred races exclusively for 3-year-olds or 4-year-olds the weight is 126 pounds, and in races exclusively for 2-year-olds, it is 122 pounds. In nonthoroughbred races exclusively for 3-year-olds or 4-year-olds the weight is 122 pounds.
D. In all races except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter.
E. Welterweights are 28 pounds, added to the weight for age.
F. In all overnight races except handicaps, not more than 6 pounds may be deducted from the scale of weights for age, except for allowances; the total allowances of any type may not reduce the lowest weight below 101 pounds excepting two-year-olds or three-year-olds when racing with older horses.
G. In all handicaps which close more than 72 hours before the race, except claiming handicaps, the top weight shall be determined by the handicapper.
H. In all overnight handicaps and in all claiming handicaps, the top weight may not be less than 122 pounds.
I. In all overnight races for two-year-olds, for three-year-olds, or for four-year-olds and upwards, the minimum weight shall be 112 pounds, subject to sex and apprentice allowance. This rule does not apply to handicaps or to races written for three-year-olds and upward.]

.58 Weighing In.
A. After a race has been run, the jockey shall ride promptly to the area designated by the association [and there] to dismount[, after obtaining permission from the stewards,] and report to the clerk of the scales to be weighed in.
B. —I. (text unchanged)