1 Colo. Code Regs. § 208-1, ch. 4

Current through Register Vol. 47, No. 19, October 10, 2024

Chapter 4 - OFFICIALS - HORSES

100's --- GENERAL PROVISIONS

4.100 - The Division shall establish a board of three judges/stewards. Two members of the Board shall be appointed by and be employees of the Division. One member shall be an employee of the association conducting the races and shall be approved by the Commission prior to commencing work. The Division shall also appoint a veterinarian, and other officials that the Commission deems necessary who shall be employees of the Division. All other officials shall be appointed by the association with the approval of the Commission.

4.102 - The criteria to be considered for approval or denial of racing officials shall be:

:1 - Experience specialized to the position;

:2 - Criminal record;

:3 - Racing history;

:4 - Conflict of interest;

:5 - Physical conditions required; and

:6 - The best interests of the racing industry.

4.104 - (Modified Effective date May 15, 2017) The Commission or the Director may demand a change of any of the officials or employees for any reason which the Commission or the Director deems good and sufficient, and any successor to any official or employee replaced shall be approved by the Commission or the Director. A racing official may be fined, suspended or removed at any time for incompetence and/or failure to follow or enforce these Rules or the law.

4.106 - (Modified Effective date May 15, 2016) No one interested in the result of a race either because of ownership of any horse entered, or of its sire or dam or because of bets or otherwise, shall act as a racing official.

4.108 - Racing officials shall not accept, directly or indirectly, any gratuity, reward or favor in connection with racing at the meet.

4.110 - Racing officials shall not directly or indirectly wager on any race at the meet at which they are employed.

4.112 - Racing officials shall immediately report to the Board any observed violations of these Rules or the law.

4.114 - Complaints against an official(s) shall be made to the Board in writing, signed by the complainants. All complaints shall be reported to the Commission together with action taken on them by the Board. If the complaint involves the Board then it shall be made in writing directly to the Commission/Division.

4.116 - No racing official shall serve in more than one official capacity simultaneously during a race meet unless prior approval from the Commission or the Director has been obtained. In no event shall a racing official serve in more than one official capacity where there is a potential conflict of interest.

4.118 - When a vacancy occurs among the racing officials, other than the Board, prior to post time of the first race of the day or when a vacancy occurs after the racing day has started, the Association shall fill the vacancy with an official approved by the Board. The appointment shall be effective only for the day unless the association fails to fill the vacancy on the following day and has notified the Board of its action not less than one (1) hour before the post time of the first race of the day. The appointment shall be reported immediately to the Division by the Board. When a vacancy occurs among the racing officials for a period of longer than one racing day, the association shall fill the vacancy with an official approved by the division and notify the division in writing of the substitution prior to the change.

4.120 - If one (1) or more Board members are absent, the Division shall appoint a replacement member(s) to act on a temporary basis.

200 BOARD OF JUDGES/STEWARDS

4.200 - The Law and these Rules supersede the conditions of a race; and in matters pertaining to racing, the order of the Board supersede the orders of the association officers.

4.202 - Should any case occur which may or may not be covered by these Rules or the law, the Board shall determine what action is appropriate in conformity with justice and in the interest of racing; and when a penalty is not provided, the Board are hereby given authority to exercise their full power, recommending to the Commission the imposition of more severe penalties, if in their judgment, the penalty should be more severe; but should they be unable to reach a majority decision in three (3) days, the case shall be referred to the Commission for action as it deems proper.

4.204 - All questions pertaining to the Board's authority shall be determined by a majority of the Board.

4.206 - The Board shall supervise all entries and declarations and may, without notice, refuse the entries of any person or the transfer of any entries.

4.208 - The Board shall have the power to determine all questions arising with reference to entries and racing. The Board in its discretion shall determine whether any action shall be taken against any animal participating in a race.

4.210 - The Board has the power at any time to order an examination of any animal by any person(s) as they think fit.

4.212 - The Board may permit a person to act pending action on their application.

4.214 - (Deleted Effective date May 15, 2016).

4.216 - The Board shall report all objections with regard to the race and complaints to the Division and shall cause to be investigated anything that comes within their jurisdiction.

4.218 - The racing officials and the Board shall have the right to call on any person in whose name an animal is entered to produce proof that the animal entered is not the property either wholly or in part of any person who is disqualified; or to produce proof of the extent of their interest or property in the animal and failing of proof shall declare the animal out of the race.

4.220 - The Board may, on its own initiative, call for proof that an animal is not disqualified in any respect and in default of such proof they may declare the animal disqualified.

4.222 - Permission must be obtained from the stewards to exercise or work a horse between races. A public announcement must be made giving the name of the horse and explaining the purpose for the horse being on the racing strip.

4.224 - The stewards may substitute a jockey of their choice on any horse, or place a trainer of their selection temporarily in charge of a horse.

4.226 - The validity of a fair start shall be the decision of the Board, and such a decision shall be final, after consultation with the starter.

4.228 - The stewards are vested with the power to determine the extent of disqualification in case of fouls.

Should the stewards determine that there is more than one incident of interference in a race where disqualification is warranted, the stewards shall deal with the incidents in the order in which the incident occurs during the race from start to finish; except in the case where the same horses are involved in multiple incidents. Once a horse has been disqualified, it should remain placed behind the horse with which it interfered. The stewards shall make a conscious effort to place and maintain as placed, every and all horses placed behind others for interference.

4.230 - Certain rules at Class A tracks may be waived by the stewards with the permission of the Commission.

4.232 - A hearing officer or the Board have the power to impose discipline for violations of these Rules or of the Law any person subject to their jurisdiction. The hearing officer or the Board may impose fines, suspension, disqualifications or combinations thereof for infractions of the Law or these Rules.

4.234 - During each racing day one Division judge and the presiding judge from the association shall be at the office building at the racetrack where the race meet is being held no later than weighing-in time in order to exercise the authority and perform the duties imposed upon them by these Rules.

4.236 - Three (3) stewards must be on duty during racing hours. At least one (1) steward must be on duty each morning from the time the entry box is opened for scratch time until after the draw has been completed.

4.238 - (Modified Effective date May 15, 2015) In determining the places of the horses at the finish of the race, the board shall consider only the relative position of the respective noses of the horses.

4.240 - (Modified Effective date May 15, 2016) The Board shall promptly display the number of the first four (4) animals in each race in order of their finish. Whenever it is considered advisable to consult a picture from the photo finish camera, the Board may post the placements as are in the board's opinion unquestionable without waiting for a picture. If the Board differs in its placement, the majority shall prevail.

4.242 - (Modified Effective date May 15, 2015) A race shall not be declared official until: In horse racing, the stewards have determined the complete order of finish.

4.244 - Nothing in these Rules shall be construed to prevent the Board from correcting an error before the display of the sign "official" or from recalling the sign "official" in case it has been displayed through error.

4.246 - The Board members employed by the Division shall, in addition to their other duties, prepare and transmit required reports to the Commission.

Rule - TITLE ANNOUNCER

300's --- ANNOUNCER HORSE

4.300 - The announcer shall be charged with the responsibility of all normal announcement procedures made at the racetrack or simulcast facility

4.302 - Announcements to solicit wagering shall not be made. In order that the wagering public is not shut out announcements may be made designating post time.

4.304 - The announcer may call the finish of the race as the announcer sees it. However, the announcer must advise the public that the call is not official and advise the public to hold all tickets until the judges have made the race official.

Rule - 400's and 500's

4.495 - (Deleted Effective date May 15, 2016)

4.500 - (Deleted Effective date May 15, 2016)

600 OTHER OFFICIALS (HORSE)

CLERK OF SCALES

4.600 - The clerk of scales shall be in charge of the scales for the purpose of insuring that jockeys carry the correct assigned weight. The clerk shall weigh out all jockeys, record all overweights and cause the overweights to be announced publicly or posted in a conspicuous place prior to the running of each race. The clerk shall report all weight changes and names of jockeys reporting late to the stewards.

4.602 - (Deleted Effective date May 15, 2013)

HANDICAPPER

4.610 - The handicapper shall assign the weights to be carried by each horse in a handicap.

4.612 - After publication of weights has been made, there shall be no changing of weights except to correct errors or to make legitimate penalty adjustments.

HORSE IDENTIFIER

4.620 - The identifier shall assure that every horse that races is in fact the horse that it is represented to be. If a horse cannot be properly identified for any reason, it shall be reported to the stewards, who shall cause the horse to be scratched.

4.622 - A horse will not be allowed to start unless the horse is identified from its original or duplicate foal certificate and either lip tattooed or digitally tattooed by an official tattooer for the appropriate breed registry.

HORSEMEN'S BOOKKEEPER

4.630 - (Modified Effective date May 15, 2016) Monies may not be deducted from a horseman's account by any person other than the owner, the owner's authorized agent or other duly authorized person with a notarized document setting forth the amount to be withdrawn, except an association may withhold any amount due the association for jockey fees, pony fees, starting fees, nomination fees or monies due the association or the State or as otherwise provided by Law. Records of all transactions in a horsemen's account shall be made in accordance with standard accounting practice. Any suspicious account activity must be reported to a Division investigator.

JOCKEY ROOM CUSTODIAN

4.640 - The jockey room custodian shall see that proper conduct and cleanliness are maintained in the jockey and scale rooms.

4.642 - The jockey room custodian shall see that no person, other than jockeys, valets, racing officials or Commission member or Division personnel, is admitted to the jockey's room two (2) hours prior to the post time of the first race or thereafter on race days without permission of the stewards.

4.644 - The jockey room custodian shall supervise the valets in the performance of their duties.

4.646 - The jockey room custodian shall see that the proper colors are worn and that the jockeys are neat in appearance when they leave the jockey's room to ride and is responsible for the safekeeping of all registered colors which must be clean and in good repair.

4.648 - The jockey room custodian shall report to the stewards any irregularities that occur in the jockey's and scale rooms.

OUTRIDERS

4.650 - There shall be a minimum of two (2) outriders during live racing.

4.652 - The leading outrider shall be in charge of the parade and shall see that the parade does not exceed the maximum time of twelve (12) minutes, except for emergencies.

4.654 - The outriders shall not permit any rider to dismount, except for emergencies, and shall see that the jockeys and pony riders conduct themselves in conformity with these Rules.

4.656 - The outriders shall observe the jockeys and pony riders in order to prevent the use of illegal equipment. The outriders are responsible for keeping conversation at a minimum.

4.658 - The outriders shall report to the stewards any unusual conduct or any person in the parade who is not neatly attired.

PADDOCK JUDGE

4.660 - A horse's equipment shall be recorded by the paddock judge when the horse is brought to the paddock for its first race at the meet. A change in equipment from what a horse carried in its last previous race may not be made without the consent of the paddock judge prior to the time the horse is due in the paddock.

4.662 - The paddock judge is responsible for the cleanliness of the paddock and shall supervise all the activity within the paddock.

4.664 - The paddock judge with the cooperation of the veterinarian, a plater and an identifier is responsible for assuring that every horse that races is the proper horse and is fit to race.

4.666 - The paddock judge and the veterinarian shall inspect bandages used on a horse just prior to the participation in a race and may order the removal and replacement of any bandage if they see fit to do so. Should there be any circumstances in the use of a bandage which indicates fraud, it shall be reported to the stewards for appropriate action.

4.668 - The paddock judge is responsible for having a plater available to insure that all horses are properly shod.

4.670 - The paddock judge shall keep a record of the equipment every horse carries and shall be responsible for allowing or disallowing any equipment change except as provided for elsewhere in these Rules.

4.672 - The paddock judge shall give the command "riders up" and the order to proceed to the post parade at the proper time.

4.674 - Deleted effective March 30, 2005.

PATROL JUDGE

4.680 - If a video film patrol system approved by the Commission is inadequate for full coverage of the racing strip, the stewards shall require a patrol judge(s) to be assigned to view the races from a vantage point(s) which the stewards shall also assign.

4.682 - Each patrol judge shall communicate observations of the race to the stewards immediately following the running of each race via a communication system provided by the association.

PLACING JUDGE

4.690 - The placing judges shall be responsible for determining the actual order of finish for each race. In making that determination they shall consider only the nose of each horse.

4.692 - A photo finish camera system approved by the Commission shall be in operation at the finish line of each racetrack merely to aid the placing judges.

RACING SECRETARY

4.700 - The racing secretary shall be responsible for all of the racing office activity and shall supervise all of the racing office personnel in the performance of their duties.

4.702 - The stable superintendent or the racing secretary as designated by the association is responsible for assigning and maintaining up-to-date records of assignments of all stalls and tack rooms and shall from time to time during the meet provide the Division office with a copy of these records.

4.704 - The stable superintendent or the racing secretary as designated by the association is responsible for maintaining an inventory of all horses racing at the meet.

4.706 - In order to be in accordance with the Law, the racing secretary shall include at least one (1) Colorado Bred race in the conditions for each race day.

4.708 - The racing secretary shall be responsible for the receipt of all entries and may as agent for the association receive money in payment of fees attached to races, and shall be responsible for the receipt of all declarations prior to the established scratch time for a race.

4.710 - The racing secretary shall establish and announce times for the opening and closing of the entry box.

4.712 - The racing secretary shall reject the entry of a horse that is ineligible for any reason and shall maintain a file of the registration papers of each horse registered for racing at the meet and a record of all races run during the meet in order to aid in determining eligibility and the compilation of program information.

4.713 - Effective January 1, 2020, the Racing Secretary shall ensure that the foal certificates for all Thoroughbred horses entered to race that were foaled in 2018, or thereafter, have a "Digital Tattoo." This Digital Tattoo shall indicate that the Thoroughbred Racing Protective Bureau has confirmed the identity of the horse and uploaded updated digital photographs to the breed registry database.

4.714 - The racing secretary shall not accept the entry of a horse in any owner's name other than the name on the registration papers or on a transfer which the racing secretary has personally transacted and which has been approved by the stewards.

4.716 - (Modified Effective date May 15, 2016) The racing secretary shall not accept the entry of a horse that has been placed on the veterinarian's, steward's or starter's list. Neither the racing secretary nor the racing clerk shall have the power to override the lists until that entry has been confirmed as cleared from the list.

4.718 - After the entry box has closed, the racing secretary shall examine the entries for completeness, accuracy and eligibility, shall make preparations for the draw and shall make a public announcement of the draw in order that interested persons may be present. After the draw is conducted, the racing secretary shall post on a bulletin board in the racing office the names of all entries and their final disposition.

4.720 - The racing secretary shall furnish the information needed for the printing of the program at the expense of the association.

4.722 - The racing secretary shall make the clocker's records available to all newspapers and recognized publications for the purpose of information dissemination. A copy of each days workouts shall be posted in a conspicuous place in the racing office and in the grandstands.

RACING VETERINARIAN (ASSOCIATION)

See CHAPTER 5- VETERINARY PRACTICES- Association Veterinarian

STABLE SUPERINTENDENT

4.730 - The stable superintendent is responsible, under the direct supervision of the association and the broad supervision of the Division, for the overall sanitation, safety, fire protection and security of the stable area and shall implement and enforce the rules, policies and programs of the Commission, Division and the association.

4.732 - In the interest of health, the stable superintendent shall impose such requirements upon incoming horses and/or horses stabled at the racetrack as directed by the Division veterinarian.

4.734 - The stable superintendent shall insure that manure is not permitted to accumulate in the stable area and shall also cause such necessary spraying of the stable area to keep flies, mosquitoes and other insects at a minimum.

STARTER

4.740 - The starter is responsible for all activity on the racing strip from the time the horses enter the strip for the post parade up through the actual start of the race and shall supervise the outriders, assistant starters, pony riders and jockeys in the performance of their duties during this time.

4.742 - All races shall be started out of a starting gate which is approved by the Commission.

4.744 - The starter shall load horses in the starting gate in order of post position except for good cause as determined by the starter and shall endeavor to secure a fair start.

4.746 - Assistant starters shall be assigned their position by the starter.

4.748 - First time starters and unruly horses shall be required to school to the starter's satisfaction. A horse required to school shall be placed on the starter's list, which shall be posted on the bulletin board in the racing office, and shall be refused entry until removed by the starter from the list.

4.750 - The starter shall promptly notify the stewards of any problems at the gate which adversely affects the race.

TIMER/CLOCKER

4.760 - The official clocker shall record the times of all workouts, trials, or "morning races" on the racetrack for horses eligible to be entered at the meet, and shall promptly deliver those records to the racing secretary with a copy to the stewards.

TRACK SUPERINTENDENT

4.770 - The track superintendent is responsible for the condition of the racing strip and shall insure that proper equipment is kept in the best possible condition and properly manned by qualified personnel.

1 CCR 208-1, ch. 4

38 CR 06, March 25, 2015, effective 5/15/2015

39 CR 07, April 10, 2016, effective 5/15/2016

40 CR 06, March 25, 2017, effective 5/15/2017

41 CR 07, April 10, 2018, effective 5/15/2018

42 CR 06, March 25, 2019, effective 5/15/2019

42 CR 07, April 10, 2019, effective 5/15/2019

43 CR 05, March 10, 2020, effective 5/15/2020

44 CR 07, April 10, 2021, effective 5/15/2021

45 CR 10, May 25, 2022, effective 6/15/2022

46 CR 03, February 10, 2023, effective 6/14/2023

46 CR 10, May 25, 2023, effective 6/14/2023