This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3769-7-01 | 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 shall
desire to ride his own horse in a race may be issued a jockey's license,
at the steward's discretion, but must also secure an owner's license.
No applicant shall be issued a jockey's license without meeting the
qualifications listed in rule 3769-7-13 of the Administrative
Code. (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 10, 2023 at 11:39 AM
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Rule 3769-7-02 | 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) of this rule, 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 3769 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 10, 2023 at 11:39 AM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-7-03 | 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 their engagement as an agent by an owner and/or a trainer.
Last updated March 10, 2023 at 11:39 AM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-04 | Registration colors.
(A) Each owner shall be entitled to
register a set of racing colors without fee other than that which covers the
owner's license. Such colors shall not be claimed or used by others except
after three years withdrawal from the turf. In thoroughbred racing, no horse
shall be allowed to race unless the owner's colors are registered with the
stewards and/or commission. If two conflicting applications are received,
priority shall be given to applicants who have their colors registered with the
"Jockey Club." An owner's colors shall not be used by a jockey
to ride horses owned by other parties. Substitute colors may be permitted for
one race only at a meeting. Thereafter a fine up to fifty dollars shall be
imposed for each race without proper colors. (B) Each permit holder shall provide
a sufficient number of jockey caps, however, an owner can substitute a cap as
part of his/her colors, said cap need not have a number affixed
thereto.
Last updated March 10, 2023 at 11:39 AM
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Rule 3769-7-05 | Contrasting colors.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
When two horses, the property of one owner, are run in a race, caps of contrasting colors shall be provided for the jockeys of the horses of the entry.
Last updated March 10, 2023 at 11:40 AM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-06 | Contracts in writing.
Any person who shall entice away or attempt to entice away any employee from honoring any written agreement with another licensee may be fined and/or suspended or penalized under the provisions of the penalties provided by rule 3769-7-99 of the Administrative Code.
Last updated March 10, 2023 at 11:40 AM
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Rule 3769-7-09 | Must give cause for discharge.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
When an owner or trainer shall discharge a jockey, groom or attendant, such owner or trainer shall, upon demand in writing, give such jockey, groom or attendant a written statement setting forth the cause and reason for the discharge and shall forthwith pay them to date for service theretofore rendered. On refusing to do so, they may be fined and/or suspended.
Last updated March 10, 2023 at 11:40 AM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-10 | 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 stewards, a statement accepting responsibility for such horses being trained.
Last updated March 10, 2023 at 11:40 AM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-11 | Jockey employed to prevent riding for another.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Any owner or trainer who shall employ a jockey in a race to prevent him/her from riding for another in the same race, may be fined, suspended or referred to the commission.
Last updated March 10, 2023 at 11:40 AM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-12 | Physical examination.
An applicant for an apprentice jockey license or a
jockey license shall pass a physical examination given within the previous
twelve months by a licensed physician affirming fitness to participate as a
apprentice jockey or jockey as well as a baseline concussion test using the
most current SCAT testing protocol. The applicant for a apprentice jockey or
jockey license may have to go to a licensed optometrist for an eye examination
affirming fitness to participate as a apprentice jockey or jockey. The results
of the physical examination, eye examination and the baseline concussion test
shall be provided by the jockey or apprentice jockey to the commission or the
stewards upon request. The stewards may require that any jockey be reexamined
at any time and may refuse to allow any jockey to ride pending completion of
such examination.
Last updated May 10, 2021 at 9:55 AM
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Rule 3769-7-13 | License required to ride.
Effective:
April 23, 2021
No jockey shall be allowed to ride horses on the
permit holder's premises during any race meeting unless said jockey has
received a license from the commission. No person whose weight exceeds one
hundred thirty pounds when applying for a license shall be licensed as a
jockey. Prior to licensing, an applicant shall show competence and demonstrate
acceptable riding ability, which may include participation in up to five races
with the prior approval of the stewards with the consideration of the
recommendations from the starter, the head outrider, the designated
representatives of the jockeys and the horsemen at the track. The demonstration
of riding ability is defined at the minimum of: (A) Breaking with a horse in company
from the starting gate. (B) Working a horse in company around
the turn and down the stretch. (C) Switching the riding crop from one
hand to the other while maintaining control of the horse in a stretch
drive. (D) Causing a horse to switch leads
coming out of the turn.
Last updated March 10, 2023 at 11:41 AM
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Rule 3769-7-14 | Apprentice jockey.
(A) .Before an apprentice jockey license is granted, the commission, or a board of stewards acting in its behalf, shall ascertain that the applicant has suitable qualifications and aptitude to hold an apprentice jockey's license and that applicant has not been previously licensed as a jockey under any jurisdiction. (B) Upon compliance with these requirements, the commission may issue an apprentice jockey certificate allowing the holder to claim this allowance in overnight races only. (1) An apprentice jockey shall ride with a five-pound weight allowance beginning with his/her first mount and for one full year from the date of his/her fifth winning mount. (2) If, after riding one full year from the date of his/her fifth winning mount, the apprentice jockey has not ridden forty winners, the applicable weight allowance shall continue for one more year or until the fortieth winner, whichever comes first. In no event may a weight allowance be claimed for more than two years from the date of the fifth winning mount, unless an extension has been granted. (3) The commission may extend the weight allowance of an apprentice jockey when, in the discretion of the commission, the apprentice provides proof of incapacitation for a period of seven or more consecutive days. The allowance may be claimed for a period not to exceed the period such apprentice was unable to ride. (4) The apprentice jockey must have their apprentice certificate with them at all times and must keep an updated record of their first forty winners. Prior to riding, the certificate must be submitted to the clerk of scales, who will record the apprentice's winning mounts.
Last updated March 10, 2023 at 11:41 AM
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Rule 3769-7-15 | Restriction on financial interest.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No jockey who has any financial interest in any race horse in training at a meeting shall ride any other horse at the same meeting.
Last updated March 10, 2023 at 11:41 AM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-16 | May not ride against employer.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No jockey shall ride any other horse in a race in which his employer has a starter.
Last updated March 10, 2023 at 11:41 AM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-17 | Jockey fees earned.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) No jockey shall make or have made an engagement without the permission of their contract employer. (B) A jockey's fee shall be considered earned when the jockey is weighed out by the clerk of scales. The fee shall not be considered earned if the jockey, of his/her own free will, takes himself/herself off his/her mount, where injury to the horse or rider is not involved. Any conditions or considerations not covered by the above shall be at the discretion of the stewards.
Last updated March 10, 2023 at 12:17 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-18 | Wager restriction.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No jockeys shall wager on any horse other than their own mount in any race in which they ride or permit anyone so to wager for them. For any violation of this rule, the jockey shall be fined and suspended and referred to the racing commission.
Last updated March 10, 2023 at 12:17 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-19 | Riding engagements.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
A jockey may make his/her own engagements, or they may be made by his/her contract employer or by the authorized agent for same or by the trainer of the stable to which the jockey is attached by contract or agreement or by the trainer's agent or by a jockey agent.
Last updated March 10, 2023 at 12:17 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-20 | Duty to fulfill engagements.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Every rider shall fulfill their daily scheduled riding engagements, unless excused by the stewards. No rider shall be forced to ride a horse they believe to be unsound, nor over a racing strip they believe to be unsafe, but if the stewards find a rider's refusal to fulfill a riding engagement is based on a personal belief unwarranted by the facts and circumstances, such rider shall be subject to disciplinary action.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-21 | Corrupt riding.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If the stewards are satisfied that a race was ridden corruptly or that a jockey was instructed or induced so to ride, all persons guilty of complicity in the offense shall be fined and suspended and referred to the commission.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-22 | Fraudulent practices.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) No person shall: (1) Corruptly give or offer money, share in a bet or offer other benefits to any person having official duties in relation to a race or to any jockey; (2) Having official duties in relation to a race or any jockey 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 unqualified; (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 jockey possesses any interest; (6) Make any bet with or on behalf of any jockey, unless on a horse such jockey is riding; (7) Offer or give, except through his employer or the owner or trainer of the horse ridden, a jockey any present, money or other reward in connection with his riding in any race; (8) Accept a ticket or make a bet on any horse other than the one he rides. (B) If any person be guilty of any corrupt or fraudulent practices in this or any other country, then such person or persons shall be suspended and referred to the commission. (C) No jockey may accept payment of any kind, directly or indirectly, from any person other than the owner of the horse such jockey rides in a race. (D) Failure to report fraudulent proposal. If any person shall be approached with any offer or promise of a bribe, or a wager or with a request or suggestion of 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 there of immediately to the presiding state steward. Any person failing to report such information to the state steward shall be suspended and referred to the commission.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-7-23 | Jockey agent.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) Each jockey agent shall be licensed by the commission and shall be permitted to make the riding engagements of two riders only, one journeyman and one apprentice or two journeymen. No jockey agent shall make or assist in the making of any engagements for any rider other than those they are licensed to represent. Each jockey agent shall keep, on a form provided by the permit holder, a record by races of all engagements made by them of the riders they represent. This record must be kept up-to-date and held ready at all times for inspection by the stewards. If any jockey agent gives up the making of engagements for any rider, they shall immediately notify the stewards and they shall also turn over to the stewards a list of any unfilled engagements they may have made for that rider. A jockey agent may not drop a rider without notifying the stewards in writing. All rival claims for the services of a rider will be adjudged by the stewards. (B) When an owner or trainer engages the services of a jockey through a jockey agent, they must specify whether they have first or second call. Such call must be declared at the time of entry. (C) Before each day's entries are taken, jockey agents are required to file their first and second calls in each race in the racing secretary's office with a person designated by the stewards. If, during the time entries are being taken, an agent should lose or pick up a call, they shall immediately add these calls to the one previously filed.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-24 | Rival claims.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) The stewards may suspend any agent who falsifies their record and may refer their case to the commission for further action, and the commission may revoke the license of any such agent. Jockey agents will be called upon to explain rival claims for any mount or for any rider, and inability to satisfy the stewards that the rival claims arose through a bona fide error shall be considered a falsification of records. (B) Under no circumstances shall jockey agents be permitted within the saddling enclosure during racing hours, nor shall said agents be allowed on the race track proper at the conclusion of any race.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-25 | Report to jockey quarters.
(A) . Jockeys shall report to the
jockeys' quarters at the time designated by the stewards. Jockeys'
shall report their engagements and any overweight to the clerk of
scales. (B) Each jockey reporting to the
jockeys' room shall remain in the jockeys' room until they have
fulfilled all of their riding engagements for the day, except to ride in a
race, or except to view the running of a race from a location approved by the
stewards. While in the jockeys' quarters, jockeys' shall have no
contact or communication with any person outside the jockeys' room other
than an owner or trainer for whom he/she is riding, or a racing official, until
such jockey has fulfilled all his/her riding engagements for the day. The
stewards may allow the jockeys to communicate with other persons only in the
presence of the clerk of scales or other persons designated by the
stewards. (C) Once jockeys' have fulfilled
their riding engagements for the day and have left the jockeys' quarters,
they shall not be admitted to the jockeys' quarters. They shall not be
admitted to the jockeys' quarters until the entire racing program for that
day has been completed, except with the permission of the stewards. Any
licensed jockey who has no riding engagements for any given day, will not be
permitted in the jockeys' quarters.
Last updated March 10, 2023 at 12:18 PM
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Rule 3769-7-26 | Jockey room custodian.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) It shall be the duty of the jockey room custodian to see to it that order, decorum and cleanliness are maintained in the jockey and scale room. (B) The custodian shall assist the clerk of the scales in any way that official requires. (C) The custodian shall see to it that no person, other than racing officials, the racing commission and the necessary jockey room attendants, are admitted to the jockey room after one hour prior to the post time of the first race on a day of racing, without consent of the stewards.
Last updated March 10, 2023 at 12:18 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 3769-7-27 | Intoxicants prohibited.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Jockeys 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. Jockeys may be granted permission by the stewards to use drugs prescribed by a physician.
Last updated March 10, 2023 at 12:19 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-28 | Restriction from betting area.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
Jockeys, while in colors, shall not enter the grandstand, clubhouse or other areas in which parimutuel tickets are sold. Any jockey violating this rule shall be fined, suspended and referred to the commission.
Last updated March 10, 2023 at 12:19 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-29 | Jockey fee schedule.
Effective:
September 24, 2015
(A) Except as may be otherwise agreed to between the parties, the fees to be paid thoroughbred jockeys shall be according to the following schedule: | Purse | Winning Mount | Second Mount | Third Mount | Fourth Mount | Losing Mount | | $5,999 or less | 10% of win purse | $65 | $60 | $55 | $50 | | $6,000 to $7,799 | 10% of win purse | $75 | $70 | $65 | $60 | | $7,800 to $9,999 | 10% of win purse | 5% of place purse | $75 | $70 | $65 | | $10,000 to $17,999 | 10% of win purse | 5% of place purse | $85 | $80 | $75 | | $18,000 to $24,999 | 10% of win purse | 5% of place purse | 5% of show purse | $85 | $80 | | $25,000 to $49,999 | 10% of win purse | 5% of place purse | 5% of show purse | $95 | $85 | | $50,000 to $74,999 | 10% of win purse | 5% of place purse | 5% of show purse | $100 | $90 | | $75,000 or greater | 10% of win purse | 5% of place purse | 5% of show purse | 5% of fourth purse | $105 |
(B) The winning jockey fee in a stakes race shall be ten per cent of the win purse. For the purpose of this rule "win purse" means the amount paid the winning horse less the fees paid by the owner to enter the horse in the race.
Last updated March 10, 2023 at 12:19 PM
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Rule 3769-7-30 | Must pay losing fee.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If any owner or trainer engages more than one jockey for the same race, they shall pay the losing fee for each jockey thus engaged who does not ride in the race.
Last updated March 10, 2023 at 12:19 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-31 | Cutting of fees prohibited.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
No jockey shall contract or agree to ride for anyone but their contract employer for a fee less than the rates prescribed in the rules of racing.
Last updated March 10, 2023 at 12:19 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-32 | Jockey suspension.
Effective:
April 23, 2021
(A) If a jockey is suspended for any
reason other than fraud or attempted fraud, he shall complete the day's
engagements unless the stewards rule otherwise. A jockey under suspension in
any state or foreign country shall not be permitted to ride and may be denied
access to the grounds during the period of their suspension. (B) The stewards appointed for a race
meeting shall immediately, prior to the commencement of that meeting, designate
the stakes, futurities or futurity trials or other races in which a jockey will
be permitted to compete, notwithstanding the fact that such jockey is
technically under suspension for ten days or less for a riding infraction at
the time the designated race is to be run. (1) Official rulings for riding
infractions of ten days or less shall state: "The term of this suspension
shall not prohibit participation in designated races." (2) A listing of the designated races
shall be posted in the jockeys' room and any other such place deemed
appropriate by the stewards. (3) A suspended jockey must be named
at time of entry to participate in any designated race. (4) A day in which a jockey
participated in only one designated race while on suspension shall count as a
suspension day. If a jockey participates in more than one designated race on a
suspension day his/her suspension shall be extended one day.
Last updated March 10, 2023 at 12:19 PM
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Rule 3769-7-33 | Valets.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
(A) The permit holder shall provide and pay valets and/ or assess the jockeys therefor. (B) No valet is permitted to converse with the public, once the day's program has begun. (C) No valet will be permitted outside the confines of the area required to perform their duties which are jockeys' quarters, paddock, winners' circle.
Last updated March 10, 2023 at 12:19 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-34 | No valets shall wager.
Effective:
August 1, 1991
Promulgated Under:
Ch 119.
No valet shall wager for himself or anyone else on any race. Any valet who violates this rule may be penalized under the provisions of rule 3769-7-99 of the Administrative Code.
Last updated March 10, 2023 at 12:20 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-7-35 | Payment of fines.
Effective:
September 1, 2021
All fines imposed shall be paid to the stewards.
Any person failing to pay a fine within ten days from the ruling date shall be
suspended and may be referred to the commission for further action, unless an
appeal has been filed with the commission. When the appeal is terminated and
the person is to pay a fine, the fine must be paid to the stewards within ten
days from the date the appeal is terminated. If the fine is not paid within ten
days from the date the appeal is terminated, the person shall be suspended and
may be referred to the commission for further action.
Last updated September 1, 2021 at 8:37 AM
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Rule 3769-7-36 | Must pay own fine.
Effective:
August 1, 2019
No person shall pay the fine of another. The
stewards shall remit all fine money to the commission. The commission may from
time to time make disbursements for any worthy purpose pertinent to
racing.
Last updated March 10, 2023 at 12:20 PM
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Rule 3769-7-37 | Improper language.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If any licensed person uses improper language to any racing official or threatens any such official, or if any licensed 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 further action.
Last updated March 10, 2023 at 12:20 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-7-38 | 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 10, 2023 at 12:20 PM
Supplemental Information
Authorized By:
–
Amplifies:
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Five Year Review Date:
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Rule 3769-7-39 | Horse also suspended.
Effective:
August 1, 1991
Promulgated Under:
Ch 119.
(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 stewards, and/or commission may shorten the period of suspension time for a horse.
Last updated March 10, 2023 at 12:20 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-7-40 | Entry void.
Effective:
January 1, 1985
Promulgated Under:
Ch 119.
If a person is suspended, ruled off or expelled, they shall not be qualified, as agent or otherwise, to subscribe for a race; to enter or to run any horse for themselves or anyone else. No horse which they own wholly or in part, or in the winnings of which they have an interest, or which is under their care, management, training or superintendence shall be qualified to run in any race. Such entry if received shall be void, and if an entry fee accompanies it, the fee shall be refunded.
Last updated March 10, 2023 at 12:20 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3769-7-41 | Return money, prizes.
Effective:
September 1, 2021
If any persons are suspended, ruled off or expelled
for fraudulent practice in relation to a horse, wholly or in part their
property, they shall return all money and prizes which such horse has
fraudulently won within ten days of the ruling date.
Last updated September 1, 2021 at 8:37 AM
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Rule 3769-7-42 | Appeal to commission.
Any licensee fined, suspended, expelled or any other penalty imposed
by any stewards' 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
stewards within forty-eight hours after notification of the ruling. Such
forty-eight hour period shall not include any day the stewards are not in
attendance at their office. The commission may appoint a licensed attorney to
hear such appeals.
Last updated March 10, 2023 at 12:21 PM
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Rule 3769-7-43 | Reciprocity.
Effective:
September 1, 2021
(A) If a person or horse is
suspended, expelled, ruled off, or otherwise ineligible, or if a person's
license is revoked, or application for a license has been denied or if a person
or horse is under any other current penalty pursuant to the rules of a racing
authority of any other state or country, such person and/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 thoroughbred and/or
quarter horses who hold current and valid thoroughbred or quarter 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 8:37 AM
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Rule 3769-7-44 | Checks.
Effective:
December 4, 2019
(A) In the event any person 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 issues a
check to a permit holder for a jockey fee, 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 10, 2023 at 12:21 PM
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Rule 3769-7-45 | 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 from notification of
the ruling and the remaining horses placed accordingly; (2) The purse shall be redistributed
according to the final placings; (3) In the 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
stewards, the stewards 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 8:37 AM
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Rule 3769-7-46 | Ban on dealing in horses.
Effective:
September 5, 1986
Promulgated Under:
Ch 119.
No employee of any commercial track whose duties include the classification or entry of horses shall participate financially, directly or indirectly, in the purchase or sale of any horse which races at such meeting. Any person violating this rule shall be suspended by the stewards and the matter referred to the commission.
Last updated March 10, 2023 at 12:21 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
1/1/1985
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Rule 3769-7-99 | 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 stewards from doing so,
the stewards, 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 appealed 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 8:38 AM
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