Thoroughbred Racing Commission
Order
Pursuant to 29 Del.C. 10118, the Delaware Thoroughbred Racing Commission (“Commission”) hereby issues this Order adopting proposed amendments to the Commission’s Rules. Following notice as required by 29 Del.C. 10115, the Commission makes the following findings and conclusions:
Summary of Evidence and Information Submitted
1. The Commission posted public notice of the proposed rule amendments in the September 1, 1999 Register of Regulations. A copy of the proposed rule amendments is attached to this Order as exhibit #1. The Commission proposed amendments to the following rules: Rule 10.04 - Bleeders and Rule 15.02(f) - Bleeder Medication.
2. The Commission received no written public comments during the comment period from September 1, 1999 through September 30, 1999. The Commission held a public hearing on the proposed rules on September 27, 1999 and received no comments at that time.
Finding of Fact
3. The public was given proper notice and an opportunity to provide the Commission with comments in writing on the proposed amendments to the Commission’s rules. The Commission received no comments from the public in response to the proposed rules.
4. Under the proposed amendments to Rule 10.04 and Rule 15.02(f), a horse that bleeds for the third time will no longer be barred from further racing but will instead be barred for a ninety (90) day period. A horse that bleeds for the fourth time will be barred from further racing except under limited circumstances when the bleeding incidents occur outside a twelve month period. The rule amendments as proposed represented a proposal agreed upon by the horsemen’s association and the stewards. The Commission finds that the proposed rule is necessary to the Commission’s effective enforcement of 3 Del.C. Ch. 101 and is adopted in its proposed form.
Conclusions
5. The proposed rules were promulgated by the Commission in accord with its statutory duties and authority as set forth in 3 Del.C. 10103. The Commission deems these rules as amended necessary for the effective enforcement of 3 Del.C. Ch. 101 and for the full and efficient performance of its duties thereunder.
6. The Commission concludes that the adoption of the proposed rules would be in the best interests of the citizens of the State of Delaware and necessary to insure the integrity and security of the conduct of thoroughbred racing in the State of Delaware.
7. These adopted rules replace in their entirety the former versions of the Rules of the Delaware Harness Racing Commission and any amendments.
8. The effective date of this Order shall be ten (10) days from the publication of this Order in the Register of Regulations on December 1, 1999.
Bernard Daney, Chairman
Duncan Patterson, Commissioner
James Decker, Commissioner
Caroline Wilson, Commissioner
Any horse known to have bled from its nostrils during a race or workout may not be entered or raced without the prior approval for racing by Licensee’s Veterinarian. A horse which bled for the first time shall not be permitted to run for a period of ten (10) calendar days. A horse which bleeds a second time shall not be permitted to run for sixty (60) thirty (30) calendar days. A hose which bleeds a third time will be barred from further racing in the State of Delaware shall not be permitted to run for ninety (90) days. A horse which bleeds a fourth time shall be barred from further racing in the State of Delaware, except that if a horse’s fourth bleeding incident occurs within one year of the first bleeding incident, then the horse shall not be barred but shall not be permitted to run for one year. If a horse has bled three times but at least twelve months have passed since the last bleeding incident, then if the horse bleeds for a fourth time the horse shall not be permitted to run for twelve (12) months, and any further bleeding incidents will prevent the horse from racing for another twelve (12) month period. (A positive endoscopic examination shall be classed as a first time bleeder). See Rule 15.02 Bleeder Medication.