01- 017 C.M.R. ch. 7, § 20

Current through 2025-03, January 15, 2025
Section 017-7-20 - Early Closing Events and Late Closing Events
1. The sponsor shall state the place and date the event will be raced and no change in date, program, events or conditions can be made after the nominations have been taken without the written consent of the owner or trainer of all horses eligible at the time the conditions are changed. An entry blank shall be filed with the United States Trotting Association. In early and late closing events, all nominations and payments other than starting fees shall be advertised to fall on the fifteenth day of the month. A complete list of nominations to any early or late closing event shall be published within twenty (20) days after the date of closing and mailed to each nominator, the Commission, and the United States Trotting Association. If the event does not fill, each nominator, the Commission and the United States Trotting Association shall be notified within ten (10) days and a refund of nomination fees shall accompany the notice.

Unless an Association submits its early closing conditions to the Commission at least 30 days prior to the first publication, and has such conditions approved by the Commission, the following provisions will govern transfers in the event of a change of gait.

If conditions published for early closing events allow a transfer for change of gait, such transfer shall be to the slowest class the horse is eligible to at the chosen gait. The horse's eligibility will be determined at time of closing of entries, the race to which transfer may be made must be the one nearest the date of the event originally entered.

Two-year-olds, three-year-olds, or four-year-olds, entered in classes for their ages, may only transfer to classes for the same age group at the chosen gait to the race nearest the date of the event originally entered, entry fees to be adjusted.

The entrance fee may be on an installment basis or otherwise, and all payments are nonrefundable.

2.Notification of Withdrawal. If subsequent payments are required, a complete list of those withdrawn or declared out shall be made within fifteen (15) days after the payment was due and the list mailed to each nominator, the Commission, and the United States Trotting Association.
3.Trusts. All fees paid in early or late closing events shall be segregated and held as trust funds until the event is contested.
4.Conditions. Conditions of Early Closing Events or Late Closing Events that will eliminate horses nominated to an event or add horses that have not been nominated to an event by reason of the performance of such horses at an earlier meeting held the same Racing Year are invalid. Early Closing Events and Late Closing Events shall have not more than two also eligible conditions. Also eligible conditions that have the effect of backing a horse up more than two classes are prohibited.
5.Entry Fees. When total entry fees exceed 85 percent of the advertised purse value, the amount in excess of 85 percent shall be added to the purse. Where the race is split into divisions, each division shall have a purse value of not less than 75 percent of the advertised purse. In all cases the sponsor shall add at least fifteen percent to the advertised purse.
6.Entries Not Covered by Conditions. All entries and payments not governed by published conditions shall be void and any proposed deviation from such published conditions shall be punishable by suspension for each offense. Any nominator who is allowed privileges not in accordance with the published conditions of the race or which are in conflict with these rules, shall be barred from winning any portion of the purse, and the said nominator and the secretary or other persons who allowed such privileges shall be deemed to have been parties to a fraud.
7. In early closing events or late closing events, if six or more interests are declared in to start, the race must be contested, except when declared off. Stakes and Futurities must be raced if one or more horses are declared in to start except when declared off.

In an early closing event if fewer horses are declared in than are required to start, and all declarers are immediately so notified, the horse or horses declared in shall be entitled to all of the entrance money and forfeits from each horse named.

8.Elimination Heats or Two Divisions
A. In any race where the number of horses declared in to start exceeds 12, the race must be raced in elimination heats or divisions. No more than two tiers of horses, allowing eight feet per horse, will be allowed to start in any race.
B. The race shall be divided by lot. In the event there is any series in excess of three (3) preliminary legs, the published conditions may provide otherwise. If three or more divisions are necessary, the track shall add an amount sufficient to allow each division to race for at least the same amount as if there were two divisions. In an added money early closing event, the race may be divided and raced in divisions and each division raced for an equal share of the total purse if the advertised conditions so provide. Extended meetings shall add an additional amount so that each division will race for 75 percent of the advertised added money. These provisions shall apply to any early or late closing event with a value of $20,000.00 or less in excess of three (3) legs.
C. In any stake race or futurity, where the conditions state that the event shall be raced one dash on a race track of less than a mile, and where the number of horses declared in to start exceed twelve, the race, at the option of the track conducting the same, stated before positions are drawn, may be divided by lot and raced in two elimination divisions with all money winners from both divisions competing in the final. Each division shall race one elimination heat for 20 percent of the total purse. The remainder of the purse shall be distributed to the money winners in the final.
9.Elimination Plans. Whenever elimination heats are required, or specified in the published conditions, such race shall be raced in the following manner unless conducted under another section of this chapter. That is, the field shall be divided by lot and the first division shall race a qualifying dash for 30 percent of the purse, the second division shall race a qualifying dash for 30 percent of the purse and the horses so qualified shall race in the main event for 40 percent of the purse. The winner of main event shall be the race winner.

In the event there are more horses declared to start than can be accommodated by the two elimination dashes, then there will be added enough elimination dashes to take care of the excess. The percent of the purse raced for each elimination dash will be determined by dividing the number of elimination dashes into 60. The main event will race for 40% of the purse. In event there are three (3) or more qualifying dashes, not more than three (3) horses will qualify for the final from each qualifying dash. In elimination heats, if twelve horses declare to start, only the first four horses in each elimination heat qualify to continue. If thirteen horses declare to start, the first four horses in the division with six horses and the first five horses in the division with seven horses qualify. If fourteen or more declare to start, only the first five horses in each elimination heat qualify to continue.

The Judges shall draw the positions in which the horses are to start in the main event, i.e., they shall draw positions to determine which of the two dash winners shall have the pole, and which the second position, which of the two horses that have been second shall start in third position and which in fourth, etc. All elimination dashes and the concluding dash must be programmed to be raced upon the same day or night unless special provisions for earlier elimination dashes are set forth in the conditions.

In the event there are three separate heat or dash winners and they alone come back in order to determine the race winners according to the conditions, they will take post positions according to the order of their finish in the previous heat or dash.

In addition to the horses qualifying above, any horse that is eliminated by reason of the interference of another horse shall be added to the final event and given the last post position.

Whenever elimination heats are required, or specified in the published conditions of a stake or futurity, such race may be raced on the three heat plan, irrespective of any provisions in the conditions to the contrary. That is, the field shall be divided by lot and the first division shall race for 30% of the purse, the second division shall race for 30%, and the horses qualifying in the first and second divisions shall race the third heat for 30% of the purse. If, after the third heat, no horse has won two heats, a fourth heat shall be raced by only the heat winners. The race winner shall receive the remaining 10% of the purse. The number of horses qualifying to return after each elimination heat will be the same as set out in the first 5 paragraphs of this subsection.

01- 017 C.M.R. ch. 7, § 20