Section 69.5-01-05-13 - Prohibited practicesThe following practices by licensees are prohibited:
1. Giving or offering, directly or indirectly, a bribe in any form to any person licensed by the commission to violate these rules or the laws of this state related to racing.2. Soliciting or offering to accept, directly or indirectly, a bribe in any form by a person licensed by the commission to violate these rules or the laws of this state related to racing.3. Failing as a licensee to report any bribe or solicitation as in subsections 1 and 2.4. Soliciting by any licensee except the association of bets by the public.5. Improperly influencing or attempting to improperly influence the results of a race or combining with any person or conspiring to combine with any person to improperly influence or attempt to improperly influence the results of a race.6. Entering or starting a horse known or believed to be ineligible or disqualified.7. Offering or receiving money or other benefit for withdrawing a horse from a race.8. Making a wager for a jockey by any person except the jockey's owner or trainer.9. An owner or trainer making a wager for a jockey on a horse other than that ridden by the jockey. This may not be construed to include bets on another horse in combination with such owner's or trainer's own in multiple wagering bets.10. Offering or giving a jockey money or other benefit concerning a race, except by the owner or trainer of the horse to be ridden or a track bonus available to all jockeys.11. Possessing any electrical or mechanical device designed to increase or decrease the speed of a horse during a race, other than an ordinary riding whip.12. Bookmaking, which is the taking or receiving of a wager upon the result of any horse race of which betting is being conducted by any association licensed by the commission, except through the regular betting windows and facilities provided by the association.13. Purchasing any ticket or share of a pari-mutuel pool for another, for hire or anything of value.14. The giving under oath of any false statement or the refusing to testify after proper notice to the commission about any matter regulated by the commission, except in the exercise of a lawful privilege.15. Subjecting an animal to cruel and inhumane treatment by failing to supply it with adequate food, water, medical treatment, exercise or shelter, or by neglect or intentional act cause a horse to suffer unnecessary pain.16. Permitting a horse to start a race unless the horse has been officially tattooed under the upper lip or electronically chipped or any other approved means of identification. A horse which is not properly identified may be allowed to race if all the following requirements are met:a. A tattooer or chip technician is unavailable as determined by the state steward;b. Before post time the horse is inspected by the chief steward and the commission veterinarian; andc. Before post time the state steward and commission veterinarian certify the horse's identity to the racing secretary and the horse identifier.17. Giving false, misleading, or inaccurate information about a horse's performance for publication in a printed program or racing publication.18. In addition to any of the foregoing prohibited practices, any person who commits an act on the grounds of any pari-mutuel facility which is patently contrary to the best interest of racing or which is in violation of a criminal statute of the United States or of this state and classified as a felony, is subject to administrative action including license revocation, suspension, fine, or deprivation of patron privileges.19. Disorderly or offensive conduct that breaches the public peace or use of profane, obscene, or indecent language to be heard by another or offer such prohibited conduct to any representative of the commission or the association.20. Possessing any alcoholic beverage in any pari-mutuel wagering area of any association public areas unless the beverage is purchased on the premises.21. Possessing any equipment for hypodermic injection, any substance for hypodermic administration or any foreign substance which can be administered internally to a horse by any route, except for an existing condition and as prescribed by a veterinarian. The supply of such prescribed foreign substances shall be limited by ethical practice consistent with the purposes of this section. Notwithstanding the provisions of this subsection, any person may possess within a racetrack enclosure any chemical or biological substance for such person's own use, provided that if such chemical substance is prohibited from being dispensed by any federal law or the law of this state without a prescription, such person is in possession of documentary evidence that a valid prescription for such chemical or biological substance has been issued to that person. Notwithstanding the provisions of this subsection, any person may possess within any racetrack enclosure any hypodermic syringe or needle for the purpose of administering a chemical or biological substance to such person, provided that such person has notified the state steward: a. Of such person's possession of such device;b. Of the size of such device; andc. Of the chemical substance to be administered by such device, and has obtained written permission for possession and use from the state steward.N.D. Admin Code 69.5-01-05-13
Effective July 1, 1989; amended effective January 1, 2008.Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10