006.06.05 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024

Rule 006.06.05-001 - Rules Governing Greyhound Racing: Rule 1381, Rule 3160, Rule 3161, Rule 3220A, Rule 5015A, - Rules Governing Thoroughbred Racing: Rule 1231, Rule 1270, Rule 2263, Rule 2434, Rule 2466

1231.Total Dissolved Carbon Dioxide Testing

A. Definitions

1.Bicarbonate Loading or Milkshaking" - terms used to describe the administration of bicarbonate of soda (sodium bicarbonate or NaHCO₃) or other substances that affect total dissolved carbon dioxide levels, administered through a nasogastric tube or by any other means, which shall be deemed to have an adverse effect on the horse by changing its normal physiological state through elevation of blood total dissolved carbon dioxide.

2.Nasogastric Tube - any tube which can be inserted through the nose that extends into the stomach.

B. Procedures

1. The state veterinarian may draw blood samples from a horse for the purpose of obtaining a TCO₂ (total dissolved carbon dioxide) concentration level.

2. Blood samples for TCO₂ shall be drawn at the discretion of the State Veterinarian.

3. The TCO₂ level in the blood shall not exceed:

a. 39.0 millimole per liter if the horse is competing on furosemide (lasix) or other permitted medication known to affect TCO₂;

b. 37.0 millimole per liter if the horse is not competing on furosemide (lasix) or other permitted medication known to affect TCO₂.

4. In the event a sample drawn from a horse contains an amount of TCO₂ which exceeds the levels described above, the following penalties shall apply:

a. The first time the laboratory reports an excessive TCO₂ level, the trainer shall be fined $1,000 and the purse shall be redistributed.

b. The second time the laboratory reports an excessive TCO₂ level, the stewards shall suspend the trainer for the duration of the race meeting plus 10 days or for a period not to exceed 6 months, whichever is greater, impose a fine of up to $1,500, with redistribution of the purse, and shall refer the case to the commission.

c. For each subsequent report of an excessive TCO₂ level, the Stewards or Commission may suspend the trainer for up to one year and impose a fine of up to $2,500, with redistribution of the purse.

5. There shall be no split sample testing on blood samples drawn for purposes of TCO₂ testing.

6. No licensee other than veterinarians shall possess a nasogastric tube, as described herein, on the premises under the jurisdiction of the commission.

Summary

Rule 1231 - Total Dissolved Carbon Dioxide Testing.

The purpose of this rule is to provide for testing for Bicarbonate loading or Milkshaking as it is referred to in the racing industry. Milkshaking occurs when horses are given Bicarbonate of soda through a nasogastric tube with the intent to elevate the blood total dissolved Carbon Dioxide in an effort to improve the endurance of the horse. This rule establishes a procedure for testing for Bicarbonate loading and establishes a threshold level for total dissolved Carbon Dioxide levels in the blood. The rule makes the possession of a nasogastrit tube illegal for anyone other than a licensed veterinarian and provides for suspensions and fines for violation of this rule.

1381. Any greyhound coming upon the grounds of Southland Greyhound Park shall be inoculated once a year for Distemper, Adenoviras (Hepatitis), Leptospirosis, Para-Influenza, Parvo, Bordetella bronchiseptica and Rabies. Upon request by the Commission, the Board of Judges, or any official of Southland Greyhound Park, trainer or owner of any greyhound shall produce proof that his or her greyhounds have been inoculated in compliance with this rule.

A. The Commission Veterinarian may at his or her sole discretion, declare a quarantine in effect for any or all greyhounds on the grounds of the franchise holder. The Veterinarian shall have the sole power to set the terms of the quarantine, and no greyhound shall be released from the quarantine without the express permission of the Veterinarian. Any person violating the terms of a quarantine may be fined, suspended or ruled off the grounds of the franchise holder.

B. The Arkansas Racing Commission Veterinarian may, in an emergency situation, perform humane euthanasia on a greyhound, IF the registered owner of said greyhound has a signed authorization form on file with the Commission.

Summary

Rule 1381 - Veterinary Quarantine.

This rule is passed as a result of kennel cough epidemics that have struck Southland Greyhound Park in the past. Kennel cough and other similar diseases can be transferred from greyhound to greyhound and the racing commission veterinarian needs the ability to quarantine greyhounds until the threat of spreading the disease has ceased or diminished. The Commission had no specific rule allowing the Commission veterinarian to institute a quarantine in the past. It has been determined by the Commission that it is necessary that the veterinarian have quarantine power to protect the health of the greyhounds and the public.

1270.Postmortem Examination

(1) The Commission may conduct a postmortem examination of any horse that is injured in this jurisdiction while in training or in competition and that subsequently expires or is destroyed. In proceeding with a postmortem examination the Commission or its designee shall coordinate with the trainer and/or owner to determine and address any insurance requirements.

(2) The Commission may conduct a postmortem examination of any horse that expires while housed on association grounds or at recognized training facilities within this jurisdiction. Trainers and owners shall be required to comply with such action as a condition of licensure.

(3) The Commission may take possession of the horse upon death for postmortem examination. The Commission may submit blood, urine, other bodily fluid specimens or other tissue specimens collected during a postmortem examination for analysis . Upon completion of the postmortem examination, the carcass may be returned to the owner or disposed of at the owner's option.

(4) The presence of a prohibited substance in a specimen collected during the postmortem examination may constitute a violation.

The cost of Commission-ordered postmortem examinations, testing and disposal shall be borne by the Commission.

Summary

Rule 1270 - Postmortem Examination.

This rule allows the Commission veterinarian to order a postmortem examination of any horse that is injured and dies while in training or in competition at Oaklawn Park. The rule allows the Commission veterinarian to collect blood, urine and other bodily fluids from the horse to conduct a postmortem examination of those fluids. The purpose of this rule to insure that the horse has not been administered illegal drugs prior to the race and to attempt to learn why the horse was injured or died. In the past the Commission had no specific rule allowing postmortem examinations. The postmortem examinations are paid for out of the Commission's testing budget. If a prohibited substance is found in the fluids of the horse, the owner and trainer of the horse may be subject to a fine and/or suspension.

2263. Any horse that has been the subject of fraudulent practice may be disqualified by the Stewards for no longer period than the duration of the meeting.

2263(A)

(a) Any horse exhibiting a positive response to a test for the presence of any antibodies of any blood doping agent, including, but not limited to, Erythropoietin, Darbepoetin, Oxyglobin and Hemopure, (a "Blood Doping Agent") shall be ineligible to start or race until the owner or trainer, at his or her own expense, provides proof, in a form and substance acceptable to the Stewards, of a subsequent negative test result for antibodies of Blood Doping Agents from a laboratory approved by the Commission, provided any such test sample and test must be obtained and conducted under collection and test procedures acceptable to the Commission Veterinarian. The Blood Doping Agents to be tested for shall include Erythropoietin, Darbepoetin, Oxyglobin, Hemopure and such other blood doping agents determined from time to time by the Commission Veterinarian.

(b) Notwithstanding any inconsistent provision of these Rules, the trainer of the horse shall not be subject to application of the trainer's responsibility penalty based solely on a finding by the laboratory that the Blood Doping Agent first detected in the initial positive test remains present in the horse in a subsequent sample taken from that horse for purposes of any subsequent test for Blood Doping Agents performed on the horse in an effort to determine the horse's re-eligibility to start and race again pursuant to subsection (a) of this Rule.

Summary Rule 2263 - Ineligibility of Horses Testing Positive for Blood Doping Agents.

The purpose of this rule is to make a horse ineligible to run in a race after it has tested positive for blood doping agents, until the horse's owner or trainer submits the horse for a test, and the test indicates the horse no longer has blood doping agents in its system. This rule is passed because blood doping agents have been proven to stay in the system of a horse for long periods of time.

2434.

(a) Claims are irrevocable except as otherwise provided in subsection (e) of this Rule.

(b) At the time of filing the claim form, claimants shall have the right to designate on the claim form a request for a post-race test of the claimed horse for blood doping agents determined from time to time by the Commission Veterinarian, including, but not limited to, Erythropoietin, Darbepoetin, Oxyglobin and Hemopure, (a "Blood Doping Agent"). In the event a request for the post-race test for Blood Doping Agents is marked on the successful claimant's claim form, the claimed horse shall be taken to the test barn immediately after the race, a blood sample shall be drawn from the horse by the Commission Veterinarian or Commission Veterinarian's assistant, and the sample shall be submitted to a Commission-approved laboratory to test for the presence of Blood Doping Agent antibodies. The blood sample shall be taken, contained and submitted to the Commission-approved laboratory in accordance with the rules and procedures, including split samples, applicable to other post-race tests for foreign substances. The Blood Doping Agents to be tested for shall include Erythropoietin, Darbepoetin, Oxyglobin, Hemopure and such other blood doping agents determined from time to time by the Commission Veterinarian.

(c) The successful claimant shall be responsible for paying the cost for the test for Blood Doping Agents. This cost shall be posted by the Commission Veterinarian and shall be deducted from the successful claimant's account with the horsemen's bookkeeper.

(d) If for any reason the claimed horse is unable to go to the test barn following the race, the Commission Veterinarian or Commission Veterinarian's Assistant will make reasonable efforts to reach the horse and draw a blood sample for testing. If for any reason the Commission Veterinarian or Commission Veterinarian's Assistant is unable or otherwise fails to draw a blood sample, the successful claimant's right to revoke the claim under this Rule shall be forfeited.

(e) The successful claimant shall have the right to void the claim if the Stewards determine that the blood sample from the claimed horse exhibited a positive response to the antibody test for any Blood Doping Agent under the testing guidelines established by the Commission Veterinarian; provided, any such revocation of the claim must be submitted in writing to the Stewards within the forty-eight (48) hour period after the Stewards' decision on the positive test result is made public, as set forth below.

(f) Once the Stewards' determination of the positive test result for a Blood Doping Agent is made public, the successful claimant shall have forty-eight (48) hours thereafter to exercise his or her right to revoke the claim. Such revocation must be in writing and must be submitted to the Stewards within said forty-eight (48) hour time period. If no such revocation is received by the Stewards within the designated forty eight (48) hour time period, the successful claimant shall forfeit the right to revoke the claim.

(g) If the successful claimant revokes the claim in accordance with this Rule, the Stewards shall order that (i) the horse be returned promptly to the former owner from whom the horse was claimed, and (ii) the claim money be returned promptly to the claimant revoking the claim, regardless of any appeals, hearings or other delays of any type.

(h) The successful claimant shall be responsible for all expenses for the care and maintenance of the horse from the time the horse is transferred to the claimant until the time the horse is returned to the prior owner following revocation of the claim in accordance with this Rule.

Summary

Rule 2434(a) - Revocation of Claims for EPO Positives.

Each year Oaklawn Park runs a large number of claiming races where other owners may pay a set fee established prior to the race to claim the ownership of the horse running in a race. The person claiming a horse in such a race actually becomes the owner of the horse. In the past horses claimed were not tested for illegal drugs unless they happened to finish first and second or third in a race or were the subject of a random test. This rules allows for the new owner to pay a fee to have a claimed horse tested for drugs such as Erythropoietin, Darbepoetin, Oxyglobin and Hemopure which are commonly referred to as blood doping agents. The purpose of the blood doping agents is to give a horse more stamina in a race. If the new owner chooses to have the test for these blood doping agents he or she must pay a fee. If the test comes back positive, the new owner can revoke the claim and send the horse back to the previous owner. If the horse tests positive for blood doping agents, the previous owner will be fined or suspended under the Rules of Arkansas Racing Commission, and the new owner has no liability. These blood doping agents are capable of staying in the horses system for long periods of time. Therefore, the potential existed for the new owner to run the horse with the blood doping agents in its system and be accused of having administered the blood doping agents to the horse when in reality those agents were administered to the horse by the previous owner. The purpose of the Rule is to provide protection for owners claiming horses at Oaklawn Park.

2466.

(a) The Pick-4 requires selection of the first-place finisher in each of four (4) designated races. The Association shall designate the four (4) races comprising the Pick-4, with prior approval of the Racing Commission. Any changes to the approved Pick-4 format shall require prior approval from the Racing Commission.

(b) The net Pick-4 pool shall be distributed as a single price pool among the holders of valid tickets that designate the first-place finisher in the greatest number of races comprising the Pick-4, based upon the official order of finish. For example, the net amount in the Pick-4 pool shall be distributed among the holders of valid tickets that correctly designate the official winner of all four (4) races comprising the Pick-4. If there is no valid ticket sold that correctly designates the official winner of all four (4) of the Pick-4 races, the net amount in the Pick-4 pool shall be distributed among the holders of valid tickets that correctly designate the official winner of any three (3) of the races comprising the Pick-4. If there is no valid ticket sold that correctly designates the official winner of at least three (3) of the Pick-4 races, the net amount in the Pick-4 pool shall be distributed among the holders of valid tickets that correctly designate the official winner of any two (2) of the races comprising the Pick-4. If there is no valid ticket sold that correctly designates the official winner of at least two (2) of the Pick-4 races, the net amount in the Pick-4 pool shall be distributed among the holders of valid tickets that correctly designate the official winner of any one (1) of the races comprising the Pick-4. If there are no winning wagers (i.e., if there is no valid ticket sold that correctly designates the official winner of at least one (1) of the Pick-4 races), the Pick-4 pool shall be refunded.

(c) If there is a dead heat for first in any of the Pick-4 races involving:

(1) horses representing the same betting interest, the net Pick-4 pool shall be distributed as if no dead heat occurred.

(2) horses representing two (2) or more betting interests, all such horses in the dead heat for win shall be considered as winning horses in the race for purposes of calculating the Pick-4 pool and payouts to the public.

(d) Should a betting interest in any of the Pick-4 races be scratched, the actual favorite, as evidence by total amounts wagered in the Win pool at the host association for the race at the close of wagering on that race, shall be substituted for the scratched betting interest for all purposes of the Pick-4, including Pick-4 pool calculations. In the event that the Win pool total at the host association for the race at the close of wagering on that race for two (2) or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalisator shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.

(e) Those horses constituting an Entry of coupled horses or those horses coupled to constitute the Field in a race comprising the Pick-4 shall race as a single wagering interest for purposes of the Pick-4 pool calculations and payouts to the public. If only part of an Entry or part of the Field racing as a single interest scratch and any part of the Entry or part of the Field racing as a single interest is a starter in the race, the Entry or the Field selection shall remain as the designated selection to win in that race for the Pick-4 calculation, and the selection of the Entry or Field, as the case may be, shall not be deemed a scratch.

(f) The Pick-4 pool shall be canceled and all Pick-4 wagers for that Pick-4 shall be refunded if at least three (3) contests included as part of such Pick-4 are canceled or declared "no contest."

(g) If one (1) or two (2) contest(s) included as part of a Pick-4 are canceled or declared "no contest", the net Pick-4 pool shall be distributed as a single price pool among the holders of valid tickets that designate the first-place finisher in the greatest number of remaining Pick-4 races for that Pick-4.

(h) Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is strictly prohibited until such time as the Stewards have determined the last race comprising the Pick-4 to be official. This shall not prohibit necessary communication between totalisator and pari-mutuel department employees for processing of pool data.

(i) The Association may suspend previously approved Pick-4 wagering with the prior approval of the Racing Commission.

Summary

Rule 2466 - Pick-4 Wagering.

The Pick-4 wagering rule provides a new pari-mutuel wager for the patrons of Oaklawn Park. The Pick-4 wager requires the patron to select the first place finisher in any of four races designated by Oaklawn Park for Pick-4 wagering. Monies from Pick-4 wagers are placed in a separate pari-mutuel pool. The holders of valid tickets that correctly designate the official winner for all four races shall receive the total amount of the pool. If no one picks the winner of all four of the designated races, any patron picking three winners shall receive the proceeds of the pool.

3160.Arkansas Breeders Program. "Registered Arkansas-bred" greyhound registration and eligibility to participate in the Arkansas Racing Commission Purse and Awards Fund shall be determined and made in accordance with registration rules adopted by the Arkansas Greyhound Owners and Breeders Association and approved by the Commission.

3161.Distribution of Arkansas Breeders Purse and Award Funds,

(a) The Arkansas Racing Commission shall pay 20% of all Funds deposited in the Arkansas Breeders Purse and Award Fund for the respective month to the Arkansas Greyhound Owners and Breeders Association to promote the development of greyhound breeding in the State of Arkansas and pay for the cost of administering the program.

(b) By the 5th of the month of the appropriate calendar quarter (March, June, September, December), the designated representative for the Arkansas Greyhound Owners and Breeders Association shall submit/forward to the Arkansas Racing Commission a voucher request, on forms approved by the Arkansas Racing Commission, requesting that monies be distributed to the appropriate parties pursuant to the above mentioned formula.

(c) If the Arkansas Racing Commission determines that all the documentation is proper and correct, the Arkansas Racing Commission shall distribute monies from the Arkansas Breeders Purse and Award Fund to the appropriate parties by the 20th of the month of the appropriate calendar quarter.

Summary

Rule 3161 - Distribution of Arkansas Breeders Purse and Award Funds.

This rule provides for the Commission to pay 20% of all funds deposited in the Arkansas Breeders Purse and Award Fund to the Arkansas Greyhound Owners and Breeders Association to promote Greyhound breeding in the State of Arkansas and to pay for the cost of administering the program. This program is very similar to the Thoroughbred Breeders program operating at Oaklawn Park for many years. This rule merely sets out the mechanism for the payment of those funds to the appropriate Arkansas bred Greyhound owners.

3220. A. All greyhounds shall be weighed in at the designated time preceding the first race of the day. All greyhounds must weigh-in with wire or plastic muzzle, collar, lead strap, and approved identification tag.

Summary Rule 3220A - Greyhound Weigh-in Procedure.

This rule is amended to require that greyhounds have an approved identification tag when they report for the weigh-in procedure. There have been problems in the past when greyhounds reported for a weigh-in without an identification tag, and there was no specific rule requiring the use of an identification tag. If proper identification procedures are not used it is easy to confuse the dogs during the weigh-in procedure because many of the dogs have similar coloring and markings.

Amendment to Rale 322G-A

3220A.All greyhounds shall be weighed in at the designated time preceding the first race of the day All greyhounds must weigh-in with wire or plastic muzzle collar, lead strap, and approved identification tag.

EXACTA POOLS

5015.

A. The Exacta is a ticket selecting two (2) greyhounds, which must finish first and second in exact order.

B. The commission authorized by law is deducted from the sum total wagered in the exacta pool. The balance is called the "net pool."

C. The amount wagered on the two (2) greyhounds finishing first and second in exact order is then divided into the "net pool." The quotient thus obtained is the payoff price on the winning greyhounds finishing first and second for each dollar wagered and it includes the dollar wagered on the greyhounds finishing first and second. Triple said pay-off price to provide the pay-off for a $3.00 ticket.

D. If no ticket is sold on the winning combination of an Exacta Pool, the net pool shall be distributed as a Place Pool between holders of tickets selecting the winning greyhound to finish first and/or holders of tickets selecting the second place greyhound to finish second.

E. If no ticket is sold that would require distribution of the net Exact Pool to winner(s) as above defined, the Association shall make a complete and full refund of the Exacta Pool.

F. In case of a dead heat between two greyhounds for first place, the net Exacta Pool shall be calculated and distributed as a place pool to holders of tickets of the winning combination(s). In case of a dead heat between two greyhounds for second place, the net Exacta Pool shall be figured as a place pool and distributed to holders of tickets combining the winning greyhound and the two greyhounds finishing second.

G. In the event of a dead heat for second place, if no ticket is sold on one of the two winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combination. If no tickets combine the winning greyhound with either of the place greyhounds in the dead heat, the Exacta Pool shall be calculated and distributed as a place pool to holders of tickets representing any interest in the net pool. If the winning combinations are both First/All and All/Second, and there is a dead heat for second, half of the Divided Total is assigned to the First/All combination, and each All/Second combination is assigned an equal share of the remaining half

Summary

Rule 5015A - Exacta Pools.

This rule merely amends Rule 5015A to use the word Exacta rather than Perfecta which was the term formerly used in the rule. Since the institution of Rule 5015A, the term Perfecta is not used in the industry any longer. It has been replaced by the word Exacta. This rule is being changed so that the Arkansas rules conform to the rules of the other Greyhound tracks across the country and to insure there is no confusion when Southland Greyhound races are simulcast to other tracks.

EXACTA POOLS

5015.

A.This a ticket selecting two (2) greyhounds, which must finish first and second in exact order.

B.The commission authorized by law is deducted from the sum total wagered in the pool. The balance in called the "net pool."

C.The amount wagered on the two (2) greyhounds finishing first and second in exact order Is then divided into the "net pool." The quotient thus obtained is the pay-off price on the winning greyhounds finishing first and second for each dollar wagered and it includes the dollar wagered on the greyhounds finishing first and second. Triple said pay-off price to provide the pay-off for a $3.00 ticket.

D.If no ticket is sold on the winning combination of Pool, the net pool shall be distributed as a Place Pool between holders of tickets selecting the winning greyhound to finish first and/or holders of tickets selecting the second place greyhound to finish second.

E.If no ticket is sold that would require distribution of the net Pool to winner(s) as above defined, the Association shall make a complete and full refund of the Pool.

F.In case of a dead heat between two greyhounds for first place, the net Pool shall be calculated and distributed as a place pool to holders of tickets of the winning combination(s). In case of a dead heat between two greyhounds for second place, the net Pool shall be figured as a place pool and distributed to holders of tickets combining the winning greyhound and the two greyhounds finishing second.

G.in the event of a dead heat for second place, if no ticket is sold on one of the two winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combination. If no tickets combine the winning greyhound with either of the place greyhounds in the dead heat, the pooI shall be calculated and distributed as a place pool to holders of tickets representing any interest in the net pool. If the winning combinations are both First/All and All/Second, and there is a dead heat for second, half of the divided total is assigned to the First/All combination, and each All/Second combination is assigned an equal share of the remaining half.

006.06.05 Ark. Code R. 001

12/9/2005