This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3769-17-01 | Owners must be licensed and workers' compensation.
Effective:
August 1, 2019
(A) No permit holder shall allow any
horse to start in a race unless the owner, owners, lessee or lessees of same
are licensed or the owner has been issued a reciprocal validation for a current
and properly issued owner's license from another state or other racing
jurisdiction which has reciprocity with the commission. Any owner who drives
his horse in a race must have a driver's license in addition to an
owner's license. (B) In addition to all other rules
applicable to license as promulgated by the commission, an owner and trainer
must provide workers' compensation coverage in accordance with Ohio law,
for all of his or her employees who are connected with racing. Upon request of
the commission, the owner and trainer must provide satisfactory proof of such
workers' compensation coverage.
Last updated March 22, 2023 at 10:01 AM
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Rule 3769-17-02 | Owner's requirements, corporations, partnerships, syndicates, entities.
Effective:
February 6, 1999
Promulgated Under:
Ch 119.
(A) To make application for an owner's license, a corporation must supply to the commission a copy of its articles of incorporation, a certified roster of corporate officers and directors, one of whom must be designated as the chief executive officer, and a certified roster of shareholders including the number of shares and the percentage of the total outstanding shares held by each. (B) To participate as an ownership entity, a corporation must acquire an owner's license itself, an owner's license for the chief executive officer and for any shareholder who possesses five per cent or more of the total outstanding shares. In applying this rule, if the aggregate per cent of ownership of two or more family members, as defined below, exceeds five per cent or more, then each and every family member with an ownership interest must be licensed. A "family member" is a spouse or blood relative of a single family limited to children, parents, aunts, uncles, grandparents, nieces or nephews. (C) The commission reserves the right to refuse to license or to rescind a license of any corporation if any officer, director or shareholder does not meet the commission's eligibility requirements. (D) To participate as an ownership entity, a partnership must supply to the commission the partnership or syndication agreement which lists all partners and the portion of the entity owned by each. (E) Every member of a partnership possessing five per cent or more interest must acquire an owner's license. In applying this rule, if the aggregate per cent of ownership of two or more family members, as defined below, exceeds five per cent or more, then each and every family member with an ownership interest must be licensed. A "family member" is a spouse or blood relative of a single family, limited to children, parents, siblings, aunts, uncles, grandparents, nieces or nephews. (F) If no member of a partnership owns five per cent or more interest as defined in paragraph (E) above, the partnership is required to designate one partner as the managing partner and that person must acquire a license as an owner. (G) The commission reserves the right to bar the participation of a partnership if any partner does not meet the commission's eligibility requirements. (H) When a partnership which owns horses is comprised of six or more individuals, it shall be required to adopt a stable name, registered under the provision of agency-level 3746 of the Administrative Code. (I) Horses shall be regarded as having a common owner when an owner of one horse, either as an individual or as a licensed member of a partnership or as a licensed shareholder of a corporation shall have an ownership interest in another horse, either as an individual or as a licensed member of a partnership or as a licensed shareholder of a corporation.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-17-03 | Authorized agent.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Any owner or trainer may engage an authorized agent or agents who may handle all business between the permit holder and the agent's principal. No authorized agent shall be licensed by the commission except upon receipt of written notice of their engagement as an agent by an owner and/or a trainer.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-04 | Substitute trainer.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
When a trainer is to be absent from his stable or the grounds where his horses are racing at a time when a horse under his care is scheduled to race or for a period of more than two racing days, he must provide a licensed trainer or assistant trainer to assume the joint responsibility for the horses he is training. Such licensed trainer or assistant trainer shall sign in the presence of the judges a statement accepting responsibility for such horses being trained.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-05 | Physical examination.
Effective:
February 1, 1994
Promulgated Under:
Ch 119.
(A) Drivers, when required by the judges, must provide a medical affidavit certifying that they are physically and mentally capable of performing the activities and duties of a licensed driver, including satisfactory evidence of an eye examination indicating twenty/forty corrected vision in both eyes, or if blind in one eye, at least twenty/thirty corrected vision in the other eye, are free of any disabling defects or contagious disease and are not a user of any illicit or prohibited drugs or narcotics. (B) The judges may refuse to allow any driver to drive at a meeting until the required medical affidavit is presented to the judges.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-17-06 | Restriction on financial interest.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No driver who has any financial interest in any race horse in training at a meeting shall drive any other horse in the same race with his horse at the same meeting.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-07 | Wager restriction.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No driver, trainer or owner shall wager on any horse other than his own horse in any race in which he participates or permit anyone to so wager for him. For any violation of this rule, the driver, trainer or owner may be subject to such penalties provided by the rules of this commission.
Last updated March 22, 2023 at 10:01 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-08 | Shall not converse.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Drivers, trainers, owners and grooms shall not converse or otherwise exchange information with anyone outside the paddock after they have entered therein, except on permission from the paddock judge, and they shall be disciplined for any breach of this rule.
Last updated March 22, 2023 at 10:02 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-09 | Safety helmet and safety vest.
Effective:
December 29, 2022
No individual will be permitted to ride, drive, or be behind a horse on a permit holder's premises unless wearing both a protective safety helmet with the chin strap in place, and an unaltered protective safety vest. Both shall be of a type satisfactory to the commission.
Last updated December 29, 2022 at 8:41 AM
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Rule 3769-17-09.1 | Safety reins.
(A) No person riding on a sulky or jog cart shall race, train or jog a horse on the grounds of a facility under the jurisdiction of the Ohio state racing commission unless the horse is equipped with safety reins. A safety rein is a rein designed and constructed to provide a secure secondary attachment to the bit that is secured to a reinforcement material to prevent failure due to breakage of the rein, or breakage or inadvertent loss of the primary connection to the bit. (B) This rule is enacted to adopt the safety measures encouraged by the association of racing commissioners international. Upon notification from the association of racing commissioners international that standards for the safety reins have been set, the commission shall send notice to the Ohio harness horsemen's association and any other group or persons who request such notice. The notice will indicate that paragraph (A) of rule 3769-17-09.1 of the Administrative Code will be enforced on the one-hundred eightieth day after the date of the notice.
Last updated May 2, 2024 at 1:07 PM
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Rule 3769-17-10 | Attire.
Effective:
October 5, 2006
(A) Drivers must wear distinguishing colors and clean white pants, and shall not be allowed to start in a race or other public performance unless in the opinion of the judges they are properly dressed. (B) Any driver wearing colors who shall appear at a betting window or at a bar or in a restaurant dispensing alcoholic beverages shall be fined and/or suspended. (C) Any person appearing on the track behind a horse entered to race, must wear driving boots approved by the judges.
Last updated March 22, 2023 at 10:02 AM
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Rule 3769-17-11 | Driving rules.
Effective:
February 6, 1999
Promulgated Under:
Ch 119.
(A) Although a leading horse is entitled to any part of the track, neither the driver of the first horse or any other driver in the race shall do any of the following things, which shall be considered a violation of driving rules: (1) Change either to the right or left during any part of the race when another horse is so near him that in altering his position he compels the horse behind him to shorten his stride, or cause the driver of such other horse to pull him out of his stride; (2) Jostle, strike, hook wheels or interfere with another horse or driver; (3) Cross sharply in front of a horse or cross over in front of a field of horses in a reckless manner, endangering other drivers; (4) Swerve in and out or pull up quickly; (5) Crowd a horse or driver by putting a wheel under him; (6) Carry a horse out; (7) Sit down in front of a horse or take up abruptly in front of other horses so as to cause confusion or interference among trailing horses; (8) Let a horse pass inside needlessly or otherwise help another horse to improve his position in the race; (9) Commit any act which shall impede the progress of another horse or cause him to break; (10) Change course after selecting a position in the homestretch or swerve in and out, or bear in and out, in such a manner as to interfere with another horse or cause him to break; (11) To drive in a careless or reckless manner; (12) Whipping under the arch of the sulky, the penalty for which shall be days suspended; (13) Lay off a normal pace and leave a hole when it is well within a horse's capacity to keep the hole closed; (14) If any of the above violations is committed by a person driving a horse coupled as an entry in the betting, the judges shall set both horses back, if, in their opinion, the violation may have affected the finish of the race. Otherwise, penalties may be applied individually to the drivers of any entry. (B) All complaints by drivers of foul driving or misconduct during the race must be made after the race, unless the driver is prevented from doing so by an accident or injury. Any driver desiring to enter a claim of foul or other complaint of violation of the rules must, before dismounting, indicate to the judges or patrol judge his desire to enter such claim or complaint and, upon dismounting, shall proceed to the telephone or judges' stand where and when such claim, objection, or complaint shall be immediately entered. The judges shall not cause the official sign to be displayed until such claim, objection, or complaint shall have been entered and considered. (C) In case of interference, collision, or violation of any of the above restrictions, the offending horse may be placed back one or more positions in that race, and in the event such collision or interference prevents any horse from finishing the race, the offending horse may be disqualified from receiving any winnings and the driver shall be fined and/or suspended. In the event a horse is set back under the provisions hereof, he must be placed behind the horse with whom he interfered. (D) Every heat in a race must be contested by every horse in the race and every horse must be driven to the finish. If the judges believe that a horse is being driven, or has been driven with intent to prevent his winning a heat or dash which he was evidently able to win, or is being raced in an inconsistent manner or to perpetrate or to aid a fraud, they shall consider it a violation and the driver, and anyone in concert with the driver to so affect the outcome of the race or races, may be suspended, or referred to the commission. The judges may substitute a competent and reliable driver at any time. The substituted driver shall be paid at the discretion of the judges and the fee retained from the purse money due the horse, if any. (1) In the event a drive is unsatisfactory due to lack of effort or carelessness, and the judges believe that there is no fraud, gross carelessness, or a deliberate inconsistent drive, they may suspend his license for up to one year and/or impose a one thousand dollar fine. (2) Every horse shall be driven to the finish unless injured. Any driver who shall rein in before crossing the finish line or who shall fail to use his utmost exertion to obtain a winning performance from the horse driven by him shall be fined, suspended, or referred to the commission. (3) Drivers must set or maintain a pace comparable to the class in which they are racing. Failure to do so which holds up the field of horses or causes confusion among the trailing horses will be considered a violation of this rule and the judges may impose a penalty. (4) In the event a penalty is placed on a driver under any of paragraphs (D)(1) to (D)(4) of this rule, the horse may be placed on the judges' list and may not be removed therefrom until it goes in a qualifying race and qualifies in a time comparable to the class of the horse.
Last updated March 22, 2023 at 10:02 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-17-12 | Foul driving, disqualification.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
The judges shall take cognizance of foul driving, whether objection to same is made or not. The judges shall determine the extent of disqualification in cases of fouls occurring during the running of the race. They may place an offending horse just behind such horses as in their judgment it interfered with, or they may place it last.
Last updated March 22, 2023 at 10:02 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-13 | Complaints against officials.
Effective:
October 5, 2006
Complaints against an official or officials shall be made to the judges in writing, signed by the .complainants. All such complaints shall be reported by the judges in writing to the commission together with any action taken thereon.
Last updated March 22, 2023 at 10:02 AM
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Rule 3769-17-14 | List or replace driver.
Promulgated Under:
Ch 119.
(A) Every owner or trainer shall, if possible, upon making entry, furnish the name of the driver who will drive his horse, but if this is not possible, the name must be furnished at a time designated by the judges. At such time he shall report the equipment his horse will carry. The report shall include information regarding the equipment the judges require to be reported. (B) If an owner or trainer does not name a driver for its entered horse by the time designated by the judges, the judges shall select and name a competent driver to drive that horse. (C) The judges may replace any driver and/or trainer with a driver and/or trainer of their selection for cause or on suspicion of fraudulent practices or attempts. Any such action shall be reported by the judges to the commission with reasons therefor.
Last updated March 22, 2023 at 10:02 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985, 5/1/1985
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Rule 3769-17-15 | Horse must finish.
Effective:
September 1, 2021
If for any cause other than being interfered with
or broken equipment, a horse fails to finish after starting in a heat, that
horse shall be ruled out from subsequent heats.
Last updated September 1, 2021 at 8:38 AM
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Rule 3769-17-16 | Improper conduct in race.
Effective:
October 5, 2006
(A) Loud shouting or other improper conduct is forbidden in a race. (B) Drivers shall keep both feet in the stirrups at all times while on the track and during the race, except to pull ear plugs. (C) Drivers shall not use any part of their feet and/or legs to impel a horse whether or not the feet remain in the stirrups. (D) Drivers shall not lean back excessively in the sulky during a race and shall keep the hand holds set in a position to keep control of the horse.
Last updated March 22, 2023 at 10:03 AM
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Rule 3769-17-17 | Use of the whip.
(A) All drivers must keep a line in each hand beginning when the horse is behind the starting gate and continuing through the finish of the race. (B) Whipping shall be restricted to elbow and wrist action only and the whipping arm shall not be raised above the driver's shoulder height. (C) Drivers shall not move their whipping arm in an exaggerated manner and the lines shall remain reasonably taut during the race. (D) Drivers shall not use the whip below the level of the shaft, forward of the race bike's wheels. (E) Drivers shall not place the whip between the horse's legs. (F) Drivers shall not strike another horse or driver with the whip. (G) Drivers shall not use the handle of a whip on a horse. (H) Drivers are permitted to use their hand or the whip in a sliding or gliding manner above the level of the shaft. (I) Drivers shall not use the whip on a tired horse, on a horse that is not visibly responding, or when a horse is not in contention in a race. (J) Drivers shall not use the whip without giving the horse time to respond to a previous application of the whip. (K) Whips shall be no longer than forty-eight inches with the cracker no longer than six inches in length. Only a conventional cracker shall be permitted. No leather or unusual materials may be used. The conventional cracker shall not be knotted and tape is only permitted on the handle of the whip. All other modifications of the whip are prohibited. (L) Excessive, indiscriminate, visibly injurious, or abusive use of the whip is prohibited. (M) In addition to the penalties provided in rule 3769-17-99 of the Administrative Code, the violation of any of the provisions in this rule may result in loss of placement or disqualification.
Last updated March 22, 2023 at 10:03 AM
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Rule 3769-17-18 | Brutal use of whip.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
The brutal use of a whip, crop, or excessive or indiscriminate use of the whip or crop shall be considered a violation and shall be punished by a fine and/or suspension.
Last updated March 22, 2023 at 10:03 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-19 | Hopples; head pole, restrictions.
Effective:
September 2, 2024
(A) The use of hopples from race to race
is in the sole discretion of the trainer, and does not precipitate qualifying
the horse. (B) No horse will wear hopples in a race
unless it starts in the same in the first heat, and having so started will
continue to wear them to the finish of the race. (C) Any person found guilty of removing,
adding, or altering a horse's hopples during a race, or between heat
races, may be fined and/or suspended. (D) No horse will be permitted to wear a
head pole protruding beyond its nose.
Last updated September 3, 2024 at 9:19 AM
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Rule 3769-17-20 | Breaking.
Effective:
September 1, 2021
(A) When any horse breaks from their
gait, the driver shall at once, where clearance exists, take the horse to the
outside and pull it to its gait. The driver may take the horse inside the
pylons if clearance to the outside does not exist. (1) The following shall
be considered violations of paragraph (A) of this rule: (a) Failure to properly attempt to pull horse to its
gait; (b) Failure to take to the outside where clearance exists or
inside if clearance to the outside does not exist; (c) Failure to continuously lose ground by the
break. (2) If there has been no
failure on the part of the driver in complying with paragraph (A) of this rule,
the horse shall not be set back unless a contending horse on his gait is lapped
on the hind quarter of the breaking horse at the finish. The judges may or may
not set back a horse who is off stride at the finish, if in their discretion,
the horse was off stride due to interference. (3) The judges may set
any horse back one or more places if in their judgement any of the above
violations have been committed. (4) Any horse making a
break in two successive starts on a good or fast track, excluding winning
performances, shall be placed on the judges' list. (B) Any horse making a break which causes
interference to other contesting horses, may be placed behind any or all
offended horses.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-21 | Fraudulent break.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If, in the opinion of the judges, a driver allows his horse to break for the purpose of fraudulently losing a heat, he shall be liable to the penalties elsewhere provided in the rules of the Ohio state racing commission.
Last updated March 22, 2023 at 10:03 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-22 | Official winning race records.
Effective:
October 5, 2006
The leading horse shall be timed and his time only shall be announced. The horse finishing behind a horse disqualified by the judges may obtain a win race record if the horse's actual race time can be determined by photo finish or electronic timing.
Last updated March 22, 2023 at 10:04 AM
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Rule 3769-17-23 | Judges call breaks.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
To assist in determining the charting of a race, it shall be the duty of one of the judges to call out every break made, and the clerk shall at once note the break and character of it in writing.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-24 | Time between heats.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
The time between separate heats of a single race shall be no less than forty minutes. No heat shall be called after sunset where the track is not lighted for night racing.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-25 | Accidents, time allowed.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
In the case of accidents, the judges shall allow only so much time as they deem necessary and proper before resuming the racing program.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-26 | Driver must be seated.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
A driver must be seated in his sulky at the finish of the race or the horse must be placed as not finishing.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-27 | Provide wheel disk, mud fenders.
Effective:
September 1, 2021
It shall be the responsibility of the owner,
trainer, or driver to provide every sulky used in a race with unicolored or
colorless wheel discs on the inside and outside of the wheel of a type approved
by the commission. The drivers may use mud guards at any time. The judges may
order the use of mud guards at parimutuel tracks, which shall be provided by
the owners, trainers, or drivers.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-28 | Horse falls on track.
Effective:
October 5, 2006
Should any horse in a race fall or get loose on the track or be involved in an accident of any kind after starting to warm-up, that horse shall only be permitted to start after examination and approval by the track veterinarian. Should any horse fall or get loose during the post parade or during the time elapsed before the word "go" is given, that horse shall only be permitted to start after examination by the track veterinarian and approval by the judges. If the horse is scratched, all wagers on that horse will be refunded.
Last updated February 14, 2022 at 9:20 AM
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Rule 3769-17-29 | Disorderly conduct.
Effective:
October 5, 2006
(A) The following shall constitute disorderly conduct and be reason for any penalty of a driver or trainer as provided by these rules: (1) Failure to obey the judges' orders that are expressly authorized by the rules of this commission; (2) Failure to drive when programmed unless excused by the judges; (3) Drivers shall not use intoxicants or drugs of any type during the racing day and shall be disciplined if they fail to report sober and in fit condition to fulfill their engagements. Drivers may be granted permission by the judges to use drugs prescribed by a physician; (4) Appearing in the paddock in an unfit condition to drive; (5) Fighting; (6) Assaults; (7) Offensive and profane language; (8) Smoking on the track in silks during actual racing hours; (9) Warming-up a horse prior to racing without silks; (10) Disturbing the peace; (11) Refusal to take a breath test when directed by the presiding judge; (12) Extended conversations between drivers before, during, or after a race, or while warming up, unless there is an emergency. (B) The following shall constitute disorderly conduct and be reason for any penalty of any licensee as provided by theses rules: (1) Failure to obey the judges' orders that are expressly authorized by the rules of this commission; (2) Fighting; (3) Assaults; (4) Offensive and profane language; (5) Disturbing the peace; (6) Refusal to take a breath test when directed by the presiding judge; (7) Having a horse on the track during racing hours with no saddle pad or an incorrect saddle pad.
Last updated March 22, 2023 at 10:04 AM
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Rule 3769-17-30 | Suspensions for driver and/or trainer.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
The judges may write suspensions in these main categories: (A) "Limited suspensions," used to suspend drivers for minor driving or other violations under which they may not drive during the term of the suspension but may continue to train and enter horses trained by them. This suspension shall be written to include the words "from driving only." (B) "Full suspension," used when the judges in their determination feel the violation so warrants, the driver and/or trainer shall not be allowed to enter or start any horses trained by the person affected. Owners involved with a driver and/or trainer under this suspension may be allowed to transfer their horses to another trainer to continue racing but only with the permission of the judges and for just cause.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-31 | Effect of minor penalty on future engagements.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Where the penalty is for a driving violation and does not exceed in time a period of five days, the driver may complete the engagement of all horses declared in before the penalty becomes effective. During a suspension of five days or less such drivers may drive in stake, futurity, early closing and feature races only but the suspension will be extended one day for each date they drive in such a race.
Last updated March 22, 2023 at 10:04 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-32 | Reciprocity.
Effective:
September 1, 2021
(A) If a person or horse is
suspended, expelled, ruled off, or if his/her license is revoked, application
for a license has been denied, or is under any other current penalty pursuant
to the rules of the racing authority of any other state or country, such person
or horse shall stand suspended, expelled, ruled off or denied a license at all
tracks operating under permit from the commission until the ruling be withdrawn
by the originating authority. (B) All owners of harness horses who
hold current and valid harness horse licenses in any other state or racing
jurisdiction which has full reciprocity with the commission may be eligible for
an owner's reciprocal validation license. (C) The commission may license
persons holding valid permanent (not temporary) licenses issued by association
of racing commissioners international member racing jurisdictions in North
America. The licensee must be in good standing; have cleared a federal bureau
of investigation or equivalent criminal investigatory organization fingerprint
check within the previous thirty-six months; file an application and/or
affidavit as required by the commission, and pay the applicable fees required
prior to racing.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-33 | Horse also suspended.
Effective:
September 1, 2021
(A) If a person is suspended, ruled
off or expelled, every horse owned wholly or in part or trained by that
licensee may also be suspended, ruled off or expelled, for the same period of
time as the owner or trainer. (B) Under unusual circumstances
and/or for justifiable reasons the judges and/or the commission may shorten the
suspension time for a horse.
Last updated September 1, 2021 at 8:39 AM
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Rule 3769-17-34 | Return money, prizes.
Effective:
September 1, 2021
If any person or persons is suspended, ruled off or
expelled for fraudulent practice in relation to a horse or horses, wholly or in
part their property, they shall return all money and prizes which such horse or
horses has fraudulently won within ten days of the ruling date.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-35 | Improper language.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If any licensed person uses improper language to the racing officials or member of the racing commission or threatens such officials, or if any person uses profane or indecent language, carries or exhibits a deadly weapon, or otherwise disturbs the peace of any race track enclosure, he may be ejected, fined, suspended or referred to the commission for any penalty provided by these rules.
Last updated March 22, 2023 at 10:05 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-36 | Payment of fines.
Effective:
December 25, 2022
All fines imposed by the judges and the starter
shall be paid to the judges. Any person failing to pay a fine within ten days
may be suspended and may be ruled off and/or their license may be revoked by
the commission unless an appeal has been filed with the commission and is
pending. When the appeal is terminated and the person is to pay a fine, the
fine must be paid within ten days to the judges. If the fine is not paid within
ten days, the person is automatically suspended and may be referred to the
commission for further action.
Last updated December 28, 2022 at 8:51 AM
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Rule 3769-17-37 | Must pay own fine.
Effective:
August 1, 2019
No person shall pay the fine of another. The judges shall remit all
money received in fines to the commission. The commission may from time to time
make disbursements for any worthy purpose pertinent to racing.
Last updated March 22, 2023 at 10:05 AM
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Rule 3769-17-38 | Fraudulent practices.
Effective:
September 1, 2021
(A) No person shall: (1) Corruptly give or offer money,
share in a bet or other benefit to any person having official duties in
relation to a race or to any driver; (2) Having official duties in
relation to a race or any driver, corruptly accept or offer to accept money,
share in a bet or any benefit; (3) Willfully enter or cause to be
entered or to start in any race a horse which they know to be
disqualified; (4) Fraudulently offer or receive any
amount of money for scratching a horse out of a race; (5) Without making it known to the
officials, be a part owner or act as a trainer of any horse in which a driver
possesses any interest; (6) Make any bet with or on behalf of
any driver, unless on a horse such driver is driving; (7) Offer or give, except through his
employer of the owner or trainer of the horse driven, a driver any present,
money or other reward in connection with his driving in any race; (8) Accept a ticket or make a bet on
any horse other than the one he drives. (B) If any person be guilty of any
corrupt or fraudulent practices, in this or any other country, then such person
or persons so offending shall be suspended and referred to the
commission. (C) No driver may accept payment of
any kind, directly or indirectly, from any person other than the owner and/or
the trainer of the horse such driver drives in a race. (D) . If any person shall be
approached with any offer or promise of a bribe, or a wager or with a request
or suggestion for a bribe, or for any improper, corrupt or fraudulent act in
relation to racing, or that any race shall be conducted otherwise than fairly
and honestly, it shall be the duty of such person to report the details thereof
immediately to the presiding judge. Persons failing to report such information
to the judges shall be suspended and referred to the commission.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-39 | May be denied admission.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
During the suspension of any licensed person, they may be denied admission to any part of the grounds.
Last updated March 22, 2023 at 10:05 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-40 | Objections.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
All objections shall be made to the judges and may be withdrawn only with permission of the judges. Objections relating to a horse engaged in a race may be made by the owners, trainers, driver-trainers of other horses engaged in the race or by the officials of the meeting. All objections, except claims of foul or interference during a race, must be written and lodged with the judges, prior to the start of the race in question. If the objection should prove to be frivolous or vexatious the judges may require payment of the expense of investigation unless the commission relieves the objector of this expense. All payments required to cover the expenses in investigation of the objection shall be treated in the same manner as fines as specified by rule 3769-17-36 of the Administrative Code.
Last updated March 22, 2023 at 10:06 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-17-41 | Appeal to commission.
Any licensee fined, suspended, expelled or any other penalty imposed
by any judge's ruling may appeal to the commission for a review of the
decision. Such appeals shall be made in writing and must be filed with the
presiding judge within forty-eight hours after notification of the ruling. Such
forty-eight-hour period shall not include any day the judges are not in
attendance at their office. The chairman of the commission may appoint a
hearing officer to hear such appeals.
Last updated March 22, 2023 at 10:06 AM
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Rule 3769-17-42 | Checks.
Effective:
August 1, 2019
(A) In the event any person, firm,
corporation, etc., issues a check to the commission in payment of a license fee
or for any other obligation and the check is returned for any reason, whoever
issued said check shall be fined a minimum of fifty dollars and shall not be
eligible to participate in racing until said check and fine have been paid in
full. (B) In the event any person, firm,
corporation, etc., issues a check to a permit holder for an entry fee or any
other racing-related matter and the check is returned for any reason, whoever
issued said check shall be fined a minimum of fifty dollars and shall not be
eligible to participate in racing until said check and fine have been paid in
full.
Last updated March 22, 2023 at 10:06 AM
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Rule 3769-17-43 | Disqualification, purse redistribution.
Effective:
September 1, 2021
(A) In the event any violation of the
rules should be determined after a race has been completed and the purse has
been distributed, the following shall apply: (1) If such violation would
disqualify a horse or horses, the owner or owners of said horse or horses shall
forfeit the purse and any trophy or awards within ten days of the ruling date
and the remaining horses placed accordingly; (2) The purse shall be redistributed
according to the final placings; (3) In event the purse has been paid
and the owners or owners have not forfeited the purse and any trophy or awards
within ten days from notifiication of the ruling, the owner or owners and the
disqualified horse or horses shall stand suspended until all money, trophies,
and/or awards have been returned to the permit holder who shall assume the
responsibility of redistributing the purse; (4) If there are not enough
non-offending horses, the remaining part of the purse shall go to the declared
winner. (B) In the event a purse is paid in
error or is ordered redistributed due to an order of the commission, the
owner(s) refusing to return the purse(s) within ten days from being notified of
the error or order of the commission and the horse(s) involved shall stand
suspended until all purse monies, trophies, and/or awards have been returned to
the permit holder who shall assume the responsibility for redistributing the
purse. (C) Nothing herein shall be construed
to require the permit holder to pay the purses or distribute the trophies
and/or awards until they have been returned. (D) Nothing herein shall be construed
to prevent the commission, in its discretion, from continuing any suspension,
fine or other penalty made pursuant to this rule as the commission may
determine. (E) In the event any violation of the
rules should be determined after a race has been completed and the purse has
not been distributed, and an appeal has been filed staying the decision of the
judges, the judges shall notify the permit holder who shall distribute the
portions of the purse money which were not affected by the decision or the
appeal thereof.
Last updated September 1, 2021 at 8:40 AM
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Rule 3769-17-99 | Penalties commission may impose.
Effective:
September 1, 2021
(A) For a violation of any rule in this
chapter and unless a rule specifically precludes the judges from doing so, the
judges, upon the concurrence of two such officials, may fine a licensee an
amount not in excess of the amount permitted by section 3769.091 of the Revised
Code and/or suspend licenses, upon the concurrence of two such officials, for a
period not to exceed the length of time permitted by section 3769.091 of the
Revised Code and/or refer the licensee to the commission for further
action. (B) Any fine or suspension may be appelaed to the
commission. Such appeal shall stay the fine or suspension until further action
by the commission. (C) In addition to any other penalty provided, or in the
event no penalty has been provided, the commission, may, upon finding a
licensee has violated a rule of this chapter, fine the licensee an amount not
in excess of the amount prescribed by law and/or deny, suspend or revoke any
commission license held by the licensee and/or rule off any such licensee from
all Ohio race tracks. (D) Should the commission find a permit holder, or a
representative of the permit holder has violated a rule in this chapter, they
may fine said permit holder or the representative of the permit holder an
amount not in excess of the amount prescribed by law and/or deny, suspend or
revoke any license and/or permit held by said permit holder or representative
of the permit holder and/or rule off any such permit holder's
representative. (E) Each day during which any violation of a rule in this
chapter continues to occur shall be considered a separate offense and any
person and/or permit holder continuing to violate said rule or rules may be
penalized separately for each day the violation occurs. (F) Any person who violates any provisions of the Horse
Racing Act or any of the Ohio rules of racing for which no penalty is otherwise
provided, may be denied a license under such rules. A licensee under such rules
may be fined, may have his/her license suspended or revoked or may be ruled
off. Any permit holder who violates any of the provisions of the Horse Racing
Act or any of the Ohio rules of racing for which a penalty is not otherwise
provided, may have the permit suspended or revoked, or may be denied a permit
upon subsequent application therefor.
Last updated September 1, 2021 at 8:40 AM
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