Minnesota Administrative Rules

7883.0100 ENTRIES AND SUBSCRIPTIONS.

Subpart 1.

Ownership.

When a person is excluded from a racetrack or has his or her license or suspended, every horse owned in whole or in part or under the care and control of that person shall be ineligible to be entered or start in any race until the horse has been reinstated, either by the expiration of the owner's penalty or by the transfer through bona fide sale to an owner approved by the stewards. Such person whether acting as agent or otherwise, shall not be qualified to subscribe for, or to enter or run any horse in any race either in his or her own name or in that of any other person until expiration of such penalty.

Subp. 2.

Horse must be registered and eligible.

No horse shall be permitted to start unless:

A.

it is duly registered with and approved by the registry office of The Jockey Club (New York), the American Quarter Horse Association, the Arabian Horse Registry of America, Inc., or the nationally recognized registration organization relative to other breeds;

B.

its registration certificate and Arabian ID Supplement or any supplement relative to other breeds as required showing the tattoo number or freeze branded registration number of the horse is filed with the racing secretary by scratch time for that race. In stakes races only, a horse shall be allowed to start without the registration certificate on file, if a photocopy or telefacsimile copy of both sides of the foal certificate is on file with the racing secretary. This copy must have been forwarded to the secretary along with a photocopy or a telefacsimile copy of the horse's equine infectious anemia certificate and, if applicable, a certificate of bleeding from the race office of a licensed race track which has the original registration certificate on file;

C.

it is owned by a licensed owner and is in the care of a licensed trainer;

D.

at the time of entry, the horse is eligible for the conditions of the race as specified by the racing secretary and remains eligible until the race; and

E.

if a horse's name is changed, its new name shall be registered with The Jockey Club (New York), the American Quarter Horse Association, the Arabian Horse Registry of America, Inc., or the nationally recognized registration organization relative to other breeds and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names must be printed in the official program for those three races.

Subp. 3.

Procedure for first-time entrants.

If entered for the first time at a race meeting, a horse shall be identified by stating its name, color, sex, age, and the name of its sire or sires and dam as registered. In every race thereafter, sufficient description shall be deemed to be provided if the name, color, sex, and age of a horse is furnished.

Subp. 4.

Entering procedure.

Nominations and entries shall be made in writing and signed by the owner or trainer of the horse, or the owner's authorized agent. Each association shall provide forms on which entries, scratches, and declarations are to be made for all races.

A.

The racing secretary and his or her designees are the only persons authorized to receive entries, scratches, and declarations.

B.

Entries may be made by telephone or telegraph, but shall be confirmed promptly in writing.

C.

In the case of sweepstakes, the closing of nominations, entries, interim payments, and declarations shall be in accordance with the conditions published by the association sponsoring the race.

D.

A signed entry blank shall be prima facie evidence that the contents of the entry blank express the desires and intent of the person making entry.

Subp. 5.

Entrance money.

The nominator is liable for entrance money or stakes, and a mistake in the entry of a horse when eligible does not release the subscriber or transferee from liability for stakes or entrance money. Entrance money is not refunded on the death of a horse, nor on its failure to start.

Subp. 6.

Prohibited entries.

No person shall:

A.

enter in his or her name a horse of which he or she is not the actual owner;

B.

enter or cause to be entered, or start a horse which he or she knows or believes to be ineligible or disqualified;

C.

enter a horse in more than one race on any day;

D.

enter in a race a horse if it is wholly, or partly owned by, trained by, or under the management of an unlicensed person, a person whose license is under suspension, or a person who acts in concert with or under the control of a person whose license is under suspension. If any entry from an unlicensed person or a person whose license is under suspension or of an ineligible horse is received, the entry shall be void and any money paid for the entry shall be paid to the winner. An entry may be taken from a person whose license is under suspension in any racing jurisdiction if the term of the suspension has ended prior to the day of the race for which the entry was made and any other requirements associated with the suspension have been satisfied prior to the entry;

E.

enter a horse that is 14 years of age or older.

Subp. 7.

Coupled entries.

Except in stakes races and races which are conditioned for horses eligible for specified stakes, not more than two horses of the same licensed ownership or interest shall be entered and started in a race.

A.

No trainer shall enter more than four horses in an overnight event except in split races.

B.

All horses owned wholly or in part by the same person, or his or her spouse, shall be coupled and run as an entry. The association may uncouple entries on any race with the permission of the stewards.

Subp. 8.

Changing of races.

Each association shall have the right to withdraw or change any race with the permission of the stewards. If a race is declared off because of insufficient entries, the association may split any other race.

Subp. 9.

Closing of entries.

When an hour for closing is designated, entries and declarations for sweepstakes may not be considered if received afterwards. If an hour is not designated, entries and declarations may be mailed or telegraphed up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

Subp. 10.

Loss of entries.

A person who alleges loss of an entry or declaration in a stakes race must provide satisfactory proof that it was mailed or telegraphed within a reasonable time before the designated time for closing or it shall not be considered received.

Subp. 11.

Drawing of entries.

The drawing of entries for post positions shall be governed by the following procedures.

A.

When entries exceed the permitted number of starters, the number of starters shall be reduced to the proper number by lot. Lots may be drawn for the entire race or for each division of the race at the option of the association.

B.

Each day after the entries have been closed, the racing secretary shall designate from an owner or trainer present in the entry office to draw the entry sheets and post position numbers. In every case, the entry shall be drawn from its approved receptacle before the number ball is released from the number box.

C.

In divided races the starters in the separate divisions shall be determined by lot.

Subp. 12.

Deceased owners.

Nominations, entries, and rights of nomination and entry of a deceased owner shall be exercisable by and transferable by the deceased's personal representative subject to compliance with all applicable rules of the commission. The personal representative of a deceased owner shall be deemed to hold an owner's license with respect to horses belonging to the estate of the deceased until the commission declares that such owner's license is no longer in effect.

In the case of the death of a member of a multiple owner, nominations, entries, and rights of nomination and entry shall continue and may be exercised by the remaining members of the multiple owner or any of them.

Nominations and all entries or rights of entry under them become void on the death of the nominator, except in cases of multiple owners, or except with approval of the stewards when the personal representative of an estate in writing requests that the benefits of the nominations accrue to the estate of the deceased nominator for the purpose of selling or transferring a horse, and such representative agrees to assume any and all obligations incident to the original entries.

Subp. 13.

Prohibitions on horses sold or transferred with engagements.

Should a horse be sold with engagements, the seller shall not strike the horse out of any such engagements.

If, when a horse is sold or transferred or deemed to be sold or transferred with its engagements, the racing secretary requires evidence of such sale or transfer, the failure to produce such evidence shall render the horse ineligible to start in any stakes race.

No person shall make or receive the transfer of a horse or engagement for the purpose of avoiding disqualification.

Subp. 14.

Responsibility for eligibility.

A trainer shall be responsible for the eligibility of horses entered by him or her or his or her authorized agent, and an owner shall be responsible for the eligibility of horses personally entered by the owner.

Subp. 15.

Horse must be properly entered.

A horse shall not be qualified to start in any race unless it has been and continues to be properly entered therein. A horse which is improperly entered shall not be entitled to any part of the purse, but once the "Official" sign is posted, this rule shall in no way affect the wagering on the race.

Subp. 15a.

Approval for blinkers.

No horse, to which blinkers will be added or removed, may be entered in any race without the prior written authorization of the starter. This authorization must be noted on the entry. Approval of the stewards must be obtained for any horse to which blinkers will be added or removed, prior to entry in a race. Once approved by the stewards, no changes may be made in the use of blinkers without approval of the stewards. Error in this procedure may be corrected only with the permission of the stewards.

Subp. 16.

Workout requirements.

In order to be eligible:

A.

A horse which has not started for a period of 45 days or more shall not be eligible to start until it has completed one timed workout within 45 days of and no less than 48 hours prior to the race in which it is entered. Any day of entry workout following the entry of a horse shall appear on the official daily racing program or shall be posted for the public.

B.

A horse which has not started for a period of 60 days or more shall not be eligible to start until it has completed two timed workouts within 60 days of and no less than 48 hours prior to the race in which it is entered.

C.

First-time starters must have gate approval and a minimum of two timed workouts, one of which must be out of the gate, within 60 days prior to the race in which it is entered.

D.

A horse, other than a first-time starter, which has not started for a period of one year or more shall not be eligible to start until it has completed three timed workouts, at least one of which must be before a commission veterinarian. The timed workout before a commission veterinarian must occur within 30 days and no less than 48 hours prior to the race for which the horse is entered.

E.

For all county fairs in which the average daily handle for the preceding year was less than $150,000 all workout requirements shall be waived except that in the case of a horse that has not started for a period of one year, the owner or trainer must contact the commission veterinarian prior to entry for an examination and workout as determined by the commission veterinarian.

For the purposes of items D and E and removing a horse from the stewards' list, all workouts must be conducted under the same medication requirements as those for race days.

Subp. 17.

Refused entries.

The nominations and entries of any person or transfer of any nomination or entry may be refused by the association for reasonable cause.

Subp. 18.

Protest.

Any time before the running of a race, an owner, trainer, or authorized agent may object to the eligibility of a horse participating in the race by filing a written protest with the stewards.

Statutory Authority:

MS s 240.03; 240.08; 240.13; 240.15; 240.16; 240.19; 240.23; 240.24

History:

9 SR 2527; 10 SR 2161; 11 SR 2201; 14 SR 332; 15 SR 2307; 16 SR 2684; 18 SR 886; 20 SR 2592; 22 SR 1785; 24 SR 1568; 25 SR 1609; 26 SR 1438; 28 SR 1482; 33 SR 8; 35 SR 627; 40 SR 29

Published Electronically:

July 20, 2015