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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsSeptember 2015

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3 DE Admin. Code 501
Pursuant to 29 Del.C. §10118 and 3 Del.C. §10005, the Delaware Harness Racing Commission issues this Order adopting proposed amendments to the Commission's Rules. Following notice and a public hearing on August 11, 2015, the Commission makes the following findings and conclusions:
IT IS SO ORDERED this 11th day of August 2015.
“Act” is Chapter 100 of Title 3 of the Delaware Code.
“Added Money" is the amount exclusive of trophy added into a stakes by the association, or by sponsors, state‑bred programs or other funds added to those monies gathered by nomination, entry, sustaining and other fees coming from the horsemen.
“Age” of a horse foaled in North America shall be reckoned from the first day of January of the year of foaling.
“Also Eligible” pertains to a number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline.
“Appeal” is a request for the Commission or its designee to investigate, consider and review any decisions or rulings of steward/judges of a meeting.
“Association” is a person or business entity holding a license from the commission to conduct racing and/or pari-mutuel wagering.
“Association Grounds” is all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities and parking lots and any other areas under the jurisdiction of the Commission.
“Authorized Agent” is a person licensed by the Commission and appointed by a written instrument, signed and acknowledged before a notary public by the owner in whose behalf the agent will act.
“Betting Interest” is one or more horses in a pari-mutuel contest which are identified by a single program number for wagering purposes.
“Bleeder” is a horse which has demonstrated external evidence of exercise induced pulmonary hemorrhage (epistaxis, or bleeding from one or both nostrils) and/or the existence of hemorrhage into the trachea post exercise as observed upon endoscopic examination.
“Bleeder List” is a tabulation of all bleeders to be maintained by the Commission.
“Claiming Race” is a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with the rules.
“Commission" is the Delaware Harness Racing Commission.
“Conditioned Race” is an overnight race to which eligibility is determined according to specified conditions which include age, sex, earnings, number of starts and position of finishes.
“Controlled Substance” is any substance included in the five classification schedules of the (U.S.) Controlled Substance Act of 1970.
“Coupled Entry” is two or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes (also see "Entry").
“Course” is the track over which horses race.
“Dead Heat” is the finish of a race in which the noses of two or more horses reach the finish line at the same time.
“Declaration” is the naming of a particular horse as a starter in a particular race.
“Draw” is the process of assigning post positions and the process of selecting contestants in a manner to ensure compliance with the conditions of the rules of racing.
“Driver” is a person who is licensed to drive in races.
“Early Closing Race” is a race for a definite amount of money to which entries close at least six weeks prior to the race.
“Entry” (see "Coupled Entry").
“Exhibition Race” is a race on which no wagering is permitted.
“Financial Interest” is an interest that could result directly or indirectly in receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a horse or business entity; or as a result of salary, gratuity or other compensation or remuneration from any person. The lessee and lessor of a horse have a financial interest.
“Guest Association” is an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same jurisdiction or another jurisdiction.
“Handicap” is a race in which allowances are made according to a horse's age, sex, claiming price and performance.
“Handle” is the total amount of all pari-mutuel wagering sales excluding refunds and cancellations.
“Host Association” is the association conducting a licensed pari-mutuel meeting from which authorized contests or entire performances are simulcast.
“In Harness” is when the horses are attached to a dual shaft sulky. All sulkies used in a race must be equipped with unicolored or colorless wheel discs of a type approved by the Commission and placed on the inside and outside of the wheel. Any change in the basic design of a sulky and/or major equipment shall require Commission approval. Rules, regulations, standards and/or guidelines affecting the use of any new sulky and/or equipment must be approved by the Commission before their adoption.
“Inquiry” is when the judges suspect that a foul or any other misconduct occurred during a heat or dash.
“Late Closing Race” is a race for a fixed amount of money to which entries close less than six weeks but not more than three days before the race is to be contested.
“Licensee” is any person or entity holding a license from the Commission to engage in racing or a regulated activity.
“Maiden” is a stallion, mare or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered; provided, however, that other provisions of these Rules notwithstanding, races and/or purse money awarded to a horse after the ‘Official Sign’ has been posted shall be considered winning performance and effect status as a maiden, and in such cases a horse placed first by virtue of disqualification shall acquire a win race record only if such horse’s actual time can be determined by photo finish or electronic timing in accordance with the provisions of Rule 7.2.1.
“Match Race” is a race between two or more horses under conditions agreed to by their owners.
“Matinee Race” is a race in which no entrance fee is charged and where the premiums, if any, are other than money.
“Meeting” is the specified period and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Commission.
“Minus Pool” occurs when the amount of money to be distributed on winning wagers is in excess of the amount of money comprising the net pool.
“Mutuel Field” is two or more contestants treated as a single betting interest for pari-mutuel wagering purposes because the number of betting interests exceeds the number that can be handled individually by the pari-mutuel system.
“Net Pool” is the amount of gross ticket sales less refundable wagers and statutory commissions.
“No Contest” is a race canceled for any reason by the stewards/judges.
Nomination is the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.
“Objection” is a verbal claim of foul in a race lodged by the horse's driver.
“Off Time” is the moment at which, on the signal of the official starter, the starting gate is opened, officially dispatching the horses in each contest.
“Official Order of Finish” is the order of finish of the horses in a contest as declared official by the judges.
“Official Starter” is the official responsible for dispatching the horses for a race.
“Official Time” is the elapsed time from the moment the first horse crosses the timing beam until the first horse crosses the finish line.
“Optional Claiming Race” is a conditioned race in which a horse may be entered for a stated claiming price. In the case of horses entered to be claimed in such a race, the race shall be considered, for the purpose of these rules, a claiming race. In the case of horses not entered to be claimed in such a race, the race shall be considered a conditioned race.
“Overnight Race” is a contest for which declarations close not more than seven days, omitting Sunday, before the date on which it will be contested. In the absence of conditions or notice to the contrary, declarations must close not later than 6:00 p.m. of the day preceding the race.
“Owner” is a person who holds any title, right or interest, whole or partial in a horse, including the lessee and lessor of a horse.
“Paddock” is an enclosure in which horses scheduled to compete in a contest are confined prior to racing.
“Pari‑Mutuel System” is the manual, electro‑mechanical or computerized system and all software (including the totalisator, account betting system and off‑site betting equipment) that is used to record bets and transmit wagering data.
“Pari‑Mutuel Wagering” is a form of wagering on the outcome of an event in which all wagers are pooled and held by an association for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning horses.
“Patron” is a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.
“Person” is any individual, partnership, corporation or other association or entity.
“Post Position” is the preassigned position from which a horse will leave the starting gate.
“Post Time” is the scheduled starting time for a contest.
“Primary Laboratory” is a facility designated by the Commission for the testing of samples.
“Programmed” means listed in the official program made available for sale or distribution to the public.
“Protest” is a written complaint alleging that a horse is ineligible to race.
“Purse” is the total cash amount for which a race is contested.
“Race" is a contest between horses at a licensed meeting.
“Requalifying Test” An analysis of any biological substance procured from a horse that has been deemed ineligible to perform in any race or official workout due to a violation of DHRC medication rules. A requalifying test is taken when a horse is out-of-competition and/or on the Stewards and/or Veterinarians list. A requalifying test is taken with the intent of providing a negative test of prohibited substances or to show compliance with permissible thresholds.
“Required Days Off” horses restricted from racing for a specified number of days will start their days the day of the scheduled race.
“Restricted Area” is an enclosed portion of the association grounds to which access is limited to licensees whose occupation or participation requires access.
“Result” is that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.
“Rules” are the Rules of the Delaware Harness Racing Commission.
“Satisfactory Charted Line” is one that meets the standards at the track at which a horse participates.
“Scoring” is the preliminary practice given to horses after the post parade and prior to being called to line up for the start of a race by the official starter.
“Scratch” is the act of withdrawing an entered horse from a contest after the closing of entries.
“Simulcast” is the live audio and visual transmission of a contest to another location for pari-mutuel wagering purposes.
“Split Sample Laboratory” is a facility approved by the Commission to test split samples.
“Stakes Race” is a race which will be contested in a calendar year subsequent to the closing of nominations.
“Sulky” is a dual wheel racing vehicle with dual shafts not exceeding the height of the horse's withers. Shafts must be hooked separately on each side.
“Totalisator” is the system used for recording, calculating, and disseminating information about ticket sales, wagers, odds and payoff prices to patrons at a pari-mutuel wagering facility.
Tubing is the administration of any substance via a naso-gastric tube.
2.1.1 The Delaware Harness Racing Commission, created by the Act, Title 4, Chapter 100, of the Delaware Code, is charged with implementing, administering and enforcing the Act. It is the intent of the Commission that the rules of the Commission be interpreted in the best interests of the public and the State of Delaware.
2.3.5 To the extent required by 29 Del.C. Ch. 101 or by the Act, the Commission rules and orders shall be subject to the Administrative Procedures Act.
2.8.3 To inspect Commission records, a person must make a written request to the Commission in conformity with 29 Del.C. Ch. 100, and must pay all costs including preparing or copying the record and postage, if applicable. The Commission shall determine the costs involved in preparing or copying the record as provided by the Freedom of Information Act.
2.10 Commission’s Powers. The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine, or other tests for enforcement of the Commission’s drug testing rules and regulations. The licensed persons or Associations conducting harness racing shall reimburse the Commission for all costs of the drug testing programs established pursuant to this section. Increases in costs of the aforementioned testing program shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or Associations licensed under 3 Del.C. §10022 consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in 3 Del.C. §10026, may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs. In accordance with §10043 of the Act, an Association shall timely provide the Commission with a certificate of liability insurance, in an amount approved by the Commission, with premium prepaid. The insurance shall provide a minimum of medical expense coverage equal to the average daily purse account raced for at the previous meeting conducted by the Association. Has in his or her possession any drug paraphernalia; The breathalyzer shall be maintained and tested to insure accuracy according to the guidelines of the manufacturer. The Commission may conduct random or episodic alcohol or drug testing, as well as alcohol or drug testing based on reasonable suspicion. If the laboratory procedures confirm the field screening test results, all costs for the transportation and testing of the sample, shall be the financial responsibility of the licensee. Payment shall be due from the licensee immediately upon receipt of notice of the costs. The testing of a licensee may also include a laboratory test without a prior field test. The terms “striking” or “one handed striking motion” shall not be construed to mean a light tapping with the whip, at any point in the race, while maintaining a line in each hand.
8.3 Medications and Foreign Substances. Foreign substances shall mean all substances, except those which exist naturally in the untreated horse at normal physiological concentration, and shall include all narcotics, stimulants, depressants or other drugs or medications of any type. Except as specifically permitted by these rules, no foreign substance shall be carried in the body of the horse at the time of the running of the race. Upon a finding of a violation of these medication and prohibited substances rules, the Presiding Judge or other designee of the Commission shall consider the classification level of the violation as listed at the time of the violation by the DHRC Uniform Classification Guidelines found in subsection 8.3.1 of this section, and may consider the most recent recommendations by the Uniform Classification Guidelines of Foreign Substances as promulgated by the Association of Racing Commissioners International. In addition, the Presiding Judge or other designee of the Commission shall consider all other relevant available evidence including but not limited to: i) whether the violation created a risk of injury to the horse or driver; ii) whether the violation undermined or corrupted the integrity of the sport of harness racing; iii) whether the violation misled the wagering public and those desiring to claim the horse as to the condition and ability of the horse; iv) whether the violation permitted the trainer or licensee to alter the performance of the horse or permitted the trainer or licensee to gain an advantage over other horses entered in the race; v) the amount of the purse involved in the race in which the violation occurred. The Presiding Judge may impose penalties and disciplinary measures consistent with the recommendations contained in subsection 8.3.2 of this section. Cobalt detected at or above 25 [ng/kg (ppb)], but below 50 ppb in blood or serum will result in placement of the effected horse on the “Vet’s List” until blood or serum test results are below 25 ppb. Testing will be administered at no less than seven (7) day intervals. The cost of subsequent testing after initial finding will be conducted at owner’s expense. Cobalt detected at or above 50 [ng/kg (ppb)] in blood or serum will result in a minimum: $500 fine and 15-day suspension for the trainer; the owner would loss any purse money gained; and, the horse would be placed on the “Vet’s List” in accordance with the protocol detailed in above.
8.8.3 This Rule enacts the provisions of 74 Del. Laws c. 236 (2004) which amended 28 Del.C. §706 in its entirety, and this Rule shall apply in the event these provisions conflict with or are otherwise inconsistent with any other Commission Rule.
8.9 Prerace Testing by Blood Gas Analyzer or Similar Equipment
8.9.7 Refusal-Failure or refusal by a licensee to present a selected horse under his care, custody, or control for blood gas analyzer testing, or who refuses in any other way, shall result in an automatic scratch of the horse from the racing program, and any other appropriate disciplinary action in the discretion of the judges. The Commission Veterinarian shall document the name of the trainer or person who refuses to have blood drawn from the horse, and shall file a report with the Commission.
8.9.8 Exercise Prior to Testing-In the event that the horse has exercised prior to testing and the horse tests below the Commission standard for a high blood gas test, the horse can be retested upon the discretion of the Commission Veterinarian or presiding judge, or tested post race.
8.9.9 Post Race Testing-The blood gas analyzer machine or similar testing equipment may be used for the post-race blood gas testing on selected horses. The collection of samples will be pursuant to Rule 8.4.3 and testing of split samples will be pursuant to Rule
8.9.11 Trainer Observation of Testing-The trainer or other designated representative is permitted to observe the testing procedure, but not to question the technician or otherwise disrupt the testing. A sick horse must only be determined ill by the Commission Veterinarian and the quarantine of the horse will be terminated. Any bills incurred for the quarantine of the horse prior to the illness and termination of the detention will be prorated. Method 6, Pick (n) with Minor Pool, Jackpot Pool, Major Carryover and Jackpot Carryover: Predetermined percentages of the net Pick (n) pool shall be set aside as a Major pool, Minor pool and Jackpot pool. The Major share of the net Pick (n) pool and the Major carry-over, if any, shall be distributed to those who selected the first‑place finisher of each of the Pick (n) contests, based on the official order of finish. If there are no tickets selecting the first‑place finisher in each of the Pick (n) contests, the Major net pool shall be added to the Major carry-over. If there is only one single ticket selecting the first‑place finisher of each of the Pick (n) contests, based on the official order of finish, the Jackpot share of the net Pick (n) pool and the Jackpot carryover, if any, shall be distributed to the holder of that single ticket, along with the Major net pool and the Major carryover, if any. If more than one ticket selects the first‑place finisher of each of the Pick (n) contests the Jackpot net pool shall be added to the Jackpot carryover. The Minor share of the net Pick (n) pool shall be distributed to those who selected the first‑place finisher of the second greatest number of Pick (n) contests, based on the official order of finish. If there are no wagers selecting the first‑place finisher of all Pick (n) contests, the Minor net pool of the Pick (n) pool shall be distributed as a single price pool to those who selected the first‑place finisher of the greatest number of Pick (n) contests. The Administrative Procedure Act, Title 29 of the Delaware Code, Section 10129, pertaining to ex parte communications, is hereby incorporated by reference.
Last Updated: December 31 1969 19:00:00.
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