205 Mass. Reg. 4.02
The following definitions and interpretations shall apply in 205 CMR 4.00 unless the text otherwise requires:
Act is the enabling legislation permitting pari-mutuel horse racing in this jurisdiction.
Added Money is the amount 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.
Administer or Administration is the introduction of a substance into the body of a horse.
Age of a horse foaled in North America shall be reckoned from the first day of January of the year of foaling.
Allowance Race is an overnight race for which eligibility and weight to be carried is determined according to specified conditions that include age, sex, earnings and number of wins.
Also Eligible pertains to:
(a) 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;
(b) The next preferred non-qualifier for the finals or consolation from a set of elimination trials which will become eligible in the event a finalist is scratched by the stewards for a rule violation or is otherwise eligible if written race conditions permit.
Appeal is a request for the Commission or its designee to investigate, consider and review any decision or rulings of stewards of a meeting.
Arrears are all monies owed by a licensee, including subscriptions, jockey fees, forfeitures and any default incident to 205 CMR 4.00.
Associated Person is the spouse of an inactive person, or a companion, family member, employer, employee, agent, partnership, partner, corporation, or other entity whose relationship, whether financial or otherwise, with an inactive person would give the appearance that such other person or entity would care for or train a racing animal or perform veterinarian service on a racing animal for the benefit, credit, reputation, or satisfaction of the inactive person.
Association any person or persons, associations, or corporations licensed by the Commission to conduct horse racing within the Commonwealth of Massachusetts for any stake, purse or reward.
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.
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.
Beneficial Interest is profit, benefit or advantage resulting from a contract or the ownership of an estate as distinct from the legal ownership or control. When considered as designation or character of an estate, is such an interest as a devisee, legatee or done taken solely for his own use or benefit and not as holder of title for use and benefit of another.
Betting Interest is one or more horses in a pari-mutuel contest, which are identified by a single program number for wagering purposes.
Bleeder means a horse which has demonstrated external evidence of exercise induced pulmonary hemorrhage.
Bleeder List is a tabulation of all bleeders to be maintained by the Commission.
Breeder is the owner of the horse's dam at the time of foaling.
Calendar Day is 24 hours ending at midnight.
Cheek Piece is two strips of sheepskin or any other similar material that is attached to the cheek pieces of the bridle.
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 regulatory agency with the authority to regulate racing.
Conditions are qualifications that determine a horse's eligibility to be entered in a race.
Contest is a competitive racing event on which pari-mutuel wagering is conducted.
Contestant is an individual horse participating in a contest.
Controlled Therapeutic Medication is any medication approved by the Association of Racing Commissioners International for which the regulatory analyte concentration in the sample(s) may not exceed specified regulatory limits in 205 CMR 4.00.
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").
Day is a 24-hour period beginning at 12:01 A.M. and ending at 12:00 P.M. midnight.
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 act of withdrawing an entered horse from a race prior to the closing of entries.
Draw means the process of assigning post positions and the process of selecting contestants in a manner to ensure compliance with 205 CMR 4.00.
Ejected shall mean the removal from the grounds of an Association and shall apply to both patrons at racing meetings and participants in racing.
Entry is:
(a) a horse made eligible to run in a race;
(b) two or more horses, entered in the same race, which have common ties of ownership, lease or training.
Equipment as applied to a horse, shall include riding crops, spurs, blinkers, tongue straps, muzzles, hoods, nose-bands, bits, shadow rolls, martingales, breast plates, bandages, boots, plates, and cheek pieces.
Exhibition Race is a race on which no wagering is permitted.
Financial Interest is an interest that could result in directly or indirectly 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.
Flat Race is a race in which horses mounted by jockeys run over a course on which no jumps or other obstacles are placed.
Forfeit is money due from a licensee because of error, fault, neglect of duty, breach of contract or a penalty imposed by the Stewards or the Commission.
Furosemide List means a tabulation of all horses eligible to participate in a race with furosemide in their system.
General Partner shall mean the person or persons having full, exclusive and complete control and discretion of the management of the affairs of a Limited Partnership.
Guest Association is an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same state or another jurisdiction.
Handicap is a race in which the weights to be carried by the horses are assigned by the racing secretary or handicapper for the purpose of equalizing the chances of winning for all horses entered.
Horse is any equine (including and designated as a mare, filly, stallion, colt, ridgeling or gelding) registered for racing; specifically, an intact male five years of age or older.
Host Association is the association conducting a licensed pari-mutuel meeting from which authorized contests or entire performances are simulcast.
Inactive Person is any person whose license has been suspended for more than 30 days; whose license has expired or been revoked; or whose license application has been denied.
Inquiry is an investigation by the Stewards of potential interference in a contest prior to declaring the result of said contest official.
Jockey is a professional rider licensed to ride in races.
Law or Laws shall mean M.G.L. c. 128A: Horse and Dog Racing Meetings.
Licensee is any person or entity holding a license from the Commission to engage in racing or a regulated activity.
Limited Partnership shall mean any person holding an interest in a horse, who is not a general partner.
Maiden is a horse that has never won an official or recognized race as defined in breed registry rules.
Maiden Race is a contest restricted to non-winners.
Match Race is a race between two horses under conditions agreed to by their owners.
Measurement Uncertainty is a parameter associated with the results of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the measurement.
Medication is any substance or metabolite capable of exerting a pharmacological effect on the horse's system with an accepted use in the diagnosis, cure, treatment or prevention of a veterinary medical condition.
Meeting is the specified period and dates each year during which an association is authorized to conduct racing by approval of the Commission.
Month is a calendar month.
Multiple Ownership shall mean any owner ship of a horse by more than one individual.
Mutuel Field is two or more contestants in a contest that are 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.
Nomination is the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.
Nominator is the person or entity in whose name a horse is nominated for a race or series of races.
Objection is:
(a) a written complaint made to the Stewards concerning a horse entered in a race and filed not later than one hour prior to the scheduled post time of the first race on the day in which the questioned horse is entered; or
(b) a verbal claim of foul in a race lodged by the horse's jockey, trainer, owner or the owner's authorized agent before the race is declared official.
Official Order of Finish is the order of finish of the horses in a contest as declared official by the Stewards.
Official Running Time is the elapsed time from the moment the first horse crosses the starting point until the first horse crosses the finish line.
Official Starter is the official responsible for dispatching the horses for a race.
Off Time is the moment at which, on the signal of the official starter, the doors of the starting gate are opened, officially dispatching the horses in each contest.
Optional Claiming Race in the case of horses entered to be claimed in a race, the race shall be considered, for the purpose of 205 CMR 4.00, a claiming race. In the case of horses not entered to be claimed, the race shall be considered an allowance race.
Overnight Race is a contest for which entries close at a time set by the racing secretary; also known as "Purse 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 saddled prior to racing.
Pari-mutuel System is a 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.
Patron is a member of the public present on the grounds of a pari-mutuel association during a meeting.
Performance is a schedule of contests conducted on the same day as authorized by the Commission.
Permit is an authorization by the Commission to an association to conduct horse racing with pari-mutuel wagering at a specified location.
Person is any individual, partnership, corporation or other association or entity.
Place in racing shall mean first, second, third, or fourth, and in that order is called "Win," "Place," "Show" and "Fourth".
Post Position is the pre-assigned position from which a horse will leave the starting gate.
Post Time is the scheduled time for horses to arrive at the starting gate for a contest.
Prima Facie Evidence is evidence that, until other evidence overcomes its effect, will suffice as proof of fact in issue.
Produce Race is one in which the produce of horses named or described at the time of entry are the contestants.
Program is the published listing of all contests and contestants for a specific performance.
Protest is a written objection charging that a horse is ineligible to race, alleging improper entry procedures, or citing an act or an owner, trainer, jockey or official prohibited by rules, which, if true, shall exclude that horse/jockey from racing.
Purse is the total cash amount for which a race is contested.
Race is a contest between horses at a licensed meeting.
Race Day means any period of 24 hours beginning at midnight and included in the period of a race meeting -- and in a matter of penalties the word "day" means a "calendar day."
Restricted Area is an enclosed portion of the association grounds to which access is limited to licensees whose occupation or participation requires access and members of the Commission and its staff.
Result is that part of the official order of finish used to determine the pari-mutuel payoff of pools for each individual contest.
Ruled Off shall mean the act of debarring from the grounds of an Association and denying all racing privileges.
Scratch is the act of withdrawing an entered horse from a contest after closing of entries.
Scratch Time is the deadline set by the association for withdrawal of entries from a scheduled performance.
Simulcast is the live audio and visual transmission of a contest to another location for pari-mutuel wagering purposes.
Stable Name is a name used other than the actual legal name of an owner or lessee and registered with the Commission.
Stakes Race is a contest in which nominations, entry and/or starting fees contribute to the purse. No overnight race shall be considered a stakes race. Special designations or classifications for stakes races such as "Graded Stakes" or "Black Type" shall be determined by the appropriate breed registries or recognized authorities.
Starter is a horse that becomes an actual contestant in a race by virtue of the starting gate opening in front of it upon dispatch by the official starter.
Steeplechase Race is a contest in which horses mounted by jockeys run over a course on which jumps or other obstacles are placed.
Steward is a duly appointed racing official with powers and duties specified by rules.
Subscription shall mean the act of nomination to a stake race.
Substantial Evidence is a evidence which a reasoning mind would accept as sufficient to support a particular conclusion and consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.
Suspended shall mean that any privilege granted to a licensee of the Commission by the officials of a racing meeting or by the Commission has been withdrawn.
Traction Device is any modification or isolated device that extends below the ground bearing plane of the horseshoe (e.g., traction nails, toe grabs, turndowns, blocked heels, jar calks, stickers and Memphis bars) or restricts the natural forward slide of the hoof upon impact.
Trial Race is part of a series of contests in which horses participate for the purpose of determining eligibility for a subsequent contest.
Walkover is a race in which only one horse starts or in which all the starters are owned by the same interest. To claim the purse the horse(s) must start and go the distance of the race.
Week is a calendar week and/or any seven consecutive days.
Weigh In is the presentation of a jockey to the clerk of scales for weighing after a race.
Weigh Out is the presentation of a jockey to the clerk of scales for weighing prior to a race.
Weight for Age is a race in which a fixed scale is used to assign the weight to be carried by individual horse according to age, sex, distance of the race, and season of the year.
Winner is the horse whose nose reaches the finish line first or is placed first through disqualification by the stewards.
Year is a calendar year.
205 CMR 4.02