71 Ind. Admin. Code 7.5-5-1

Current through November 6, 2024

Section 71 IAC 7.5-5-1 - Horses ineligible

Authority: IC 4-31-3-9

Affected: IC 4-31

Sec. 1.

(a) A horse is ineligible to start in a race when:

(1) it is not stabled on the grounds of the association or present by the time established by the commission;

(2) for a quarter horse, its breed registration certificate is not on file with the racing secretary or horse identifier, unless the racing secretary has submitted the certificate to the appropriate breed registry for correction, or the information contained on the registration certificate is available to the racing secretary, or the racing secretary's designee, through the electronic registration system, however:

(A) the stewards, for good cause, may waive this requirement if the horse is otherwise correctly identified to the satisfaction of the stewards and identifier;

(B) if the electronic registration system fails for any reason, the stewards may require presentation of a horse's registration certificate prior to a horse being entered or raced in Indiana;

(C) the stewards may at any time require presentation of a horse's registration certificate; and

(D) a horse may not receive a preference date prior to entry unless the horse's registration paper is on file with the racing secretary;

(3) it is not fully identified and tattooed on the inside of the upper lip or microchipped or identified by any other method approved by the appropriate breed registry and the commission;

(4) if a thoroughbred, it is not duly registered and named at the registry office of the Jockey Club (New York), or, if a quarter horse, it is not duly registered with the American Quarter Horse Association;

(5) it has been fraudulently entered or raced in any jurisdiction under a different name, with an altered registration certificate, or altered lip tattoo or microchip or other identification method approved by the appropriate breed registry and the commission;

(6) it is wholly or partially owned by a disqualified person or a horse is under the direct or indirect training or management of a disqualified person;

(7) it is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;

(8) the stakes or entrance money for the horse has not been paid, in accordance with the conditions of the race;

(9) its name appears on the starter's list, stewards' list, or veterinarian's list;

(10) it is a first time starter and has not been approved to start by the starter;

(11) it is owned in whole or in part by an undisclosed person or interest;

(12) it lacks sufficient official published workouts or past race performances;

(13) it has been entered in a stakes race and has subsequently been transferred with its engagements unless the racing secretary has been notified of such prior to the start;

(14) it is subject to a lien, which has not been approved by the stewards and filed with the horsemen's bookkeeper;

(15) it is subject to a lease not filed with the stewards;

(16) it is not in sound racing condition;

(17) it has had a posterior digital neurectomy (heel denerving), which has not been approved by the official veterinarian;

(18) it has been trachea tubed to artificially assist breathing;

(19) it has been blocked with alcohol or otherwise drugged or surgically denerved to desensitize the nerves above the ankle;

(20) it has impaired eyesight in both eyes;

(21) it is barred or suspended in any recognized jurisdiction;

(22) it does not meet the eligibility conditions of the race;

(23) its owner or lessor is in arrears for any stakes fees, except with approval of the racing secretary;

(24) its owners, lessors, lessees, or trainer have not completed the licensing procedures required by the commission;

(25) it is by an unknown sire or out of an unknown mare;

(26) there is no negative test certificate for equine infectious anemia issued within the preceding twelve (12) months on file with the association;

(27) if a quarter horse, it has shoes (racing plates) that have toe grabs with a height greater than four (4) millimeters (fifteen thousand seven hundred forty-eight hundred-thousandths (0.15748) inches), or any other traction device on the front hooves while racing or training on all racing surfaces;

(28) if a thoroughbred, it has shoes (racing plates) which have full rims with a height greater than two (2) millimeters (seven thousand eight hundred seventy-four hundred-thousandths (0.07874) inches), bends, jar caulks, stickers, or any other traction device on the front hooves while racing or training on any racing surfaces, or if it has shoes (racing plates) that have toe grabs with a height greater than four (4) millimeters (fifteen thousand seven hundred forty-eight hundred-thousandths (0.15748) inches) or any other traction device on the hind limbs while racing or training on any racing surface;

(29) it has reached the age of twelve (12) years;

(30) it is a maiden that has reached the age of six (6) years or older with fewer than six (6) starts;

(31) the race date is within ten (10) days of having extracorporeal shock wave or radial pulse wave therapy; or

(32) it has not made an official start in the previous two hundred forty (240) days, or it is a first time starter that has reached the age of four (4) years, and it has not fulfilled the requirements set forth in 71 IAC 7.5-4-1(b).

(b) The stewards may consider extenuating circumstances in determining ineligibility of a horse with respect to subsection (a)(1) and (a)(2).

71 IAC 7.5-5-1

Indiana Horse Racing Commission; 71 IAC 7.5-5-1; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2870, eff Jul 1, 1995; emergency rule filed Aug 9, 1995, 10:30 a.m.: 18 IR 3408; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Jul 23, 2007, 9:16 a.m.: 20070808-IR-071070461ERA, eff Jul 18, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-461(E) was filed with the Publisher July 23, 2007.]; errata filed Aug 14, 2007, 1:28 p.m.: 20070829-IR-071070461ACA; emergency rule filed Mar 12, 2008, 1:53 p.m.: 20080326-IR-071080191ERA, eff Mar 11, 2008 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #08-191(E) was filed with the Publisher March 12, 2008.]; emergency rule filed Mar 19, 2009, 11:07 a.m.: 20090401-IR-071090195ERA, eff Mar 12, 2009 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #09-195(E) was filed with the Publisher March 19, 2009.]; emergency rule filed Mar 23, 2010, 1:27 p.m.: 20100331-IR-071100170ERA; emergency rule filed Mar 8, 2012, 11:43 a.m.: 20120321-IR-071120117ERA; emergency rule filed Jul 5, 2012, 2:14 p.m.: 20120718-IR-071120402ERA; readopted filed November 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA

Readopted filed 8/28/2019, 1:23 p.m.: 20190925-IR-071190319RFA

Emergency rule filed 12/5/2019, 1:56 p.m.: 20191211-IR-071190646ERA

Emergency rule filed 6/1/2020, 1:57 p.m.: 20200610-IR-071200295ERA

Emergency rule filed 3/3/2022, 3:55 p.m.: 20220316-IR-071220070ERA

Emergency rule filed 10/6/2022, 3:34 p.m.: 20221012-IR-071220305ERA

Readopted filed 7/6/2023, 1:50 p.m.: 20230802-IR-071230371RFA

Readopted filed 8/3/2023, 12:49 p.m.: 20230830-IR-071230428RFA