Section 69.5-02-01-23 - Offenses1. No person may: a. Commit any corrupt or fraudulent act in relation to a race or racing, nor attempt to enrich himself or his associates or gain an advantage through unfair, unlawful, or dishonest behavior in connection with the racing of horses.b. Threaten any racing official, owner, trainer, driver, or any other person for the purpose of influencing the result of a race or any other reason.c. Give, offer, or promise, directly or indirectly, a bribe in any form to any racing official, owner, trainer, driver, or any other person having access to, or in charge of a racehorse, for the purpose of influencing the result of a race or any other reason.d. Accept, or offer to accept, any bribe in any form.e. Enter or start a horse that is known to the person to be ineligible to the particular race in which it is entered or started.f. Willfully or negligently start, or cause to start, a horse in a race other than the horse named in the entries.g. Conspire with any other person to commit or connive with any other person to commit, any corrupt or fraudulent act in relation to a race or racing.h. Offer or give a driver money or any other benefit, except an official prize, in relation to a race unless it is done as or on behalf of the owner or trainer of the horse driven in a race by that driver. If the person is approached with any offer or promise of a bribe, or a wager, or with a request or suggestion for a bribe, or for any corrupt or fraudulent act in relation to racing, or to conduct a race other than fairly and honestly, the person shall report details of the matter on which the person was approached immediately to the board of judges.i. Provide inaccurate information about the performance of a horse, or attempt to have misleading information given in a program.j. Tamper with an eligibility certificate for the purpose of obtaining unauthorized changes or entries.k. Unduly agitate or otherwise abuse a horse by chaining, whipping, or otherwise.l. Possess or apply any electrical, mechanical device, spurs, goading device, or other expedient designed to increase or decrease the speed of a horse or intended to do so, other than the ordinary whip at any time on the grounds of an association during a meeting whether in a race or otherwise. m. Attempt to or conspire with another or others to stimulate or depress a horse through the administration of any drug, controlled substance, stimulant, depressant, local anesthetic or analgesic that may affect the performance of a horse in a race.n. Unless such person is a registered veterinarian, have within the grounds of a racetrack or the stable area thereof, in such person's possession or in such person's effects or in the premises occupied by such person, any controlled substance or drug, as defined in subsection 4, or any hypodermic syringe or needles.o. Within the grounds of racetrack where racehorses are lodged or kept, have in such person's possession, or in or upon the premises such person occupies, any medicine or vitamin preparations used for the treatment of horses unless it is contained in a properly marked and numbered container, or the name of the veterinarian who prescribed and the name of the druggist who dispensed the medication and the veterinarians' and the druggists' addresses.p. Refuse to permit a horse to be tested in a saliva, blood, urine, or other test as required.q. Enter or start a horse: (1) That is not in a serviceably sound condition.(2) That has been trachea tubed.(3) That is totally blind.(4) That has been nerved, unless it is a horse that has had a posterior digital neurectomy, the operation is recorded on the registration certificate, and the board of judges and the commission or association veterinarian is satisfied that the loss of sensation by that horse will not endanger the safety of that horse or any other horse or any driver and the board of judges upon the recommendation of the commission or association veterinarian permits the entry of that horse.(5) In the current tracing season, including any meeting commencing in the current calendar year but extending into the next ensuing calendar year, a horse that has bled during or following a "warmup" or a race, after having previously bled during or following a "warmup" or a race.r. Give instructions to a driver to handle a horse for any purpose other than to win.2. No owner, trainer, driver, agent, employee, or groom may, unless it is for a feature wagering event in which an owner, trainer, driver, agent, employee, or groom may bet, or cause any other person to bet on his behalf, on combinations, in which his horse or entry is selected in the win position, have parimutuel tickets in his possession, or bet or cause any other person to bet on his behalf, on any other horse in any race in which a horse is owned, trained, or driven, or in which he in any way represents or handles, is a starter.3. For the purpose of this section, the following designations apply:a. "Analgesic" means a drug that may alleviate pain by lessening the excitability of nerves or nerve centers.b. "Controlled substance" means any substance specified in North Dakota Century Code chapter 19-03.1.c. "Depressant" means a drug that may exert or exerts a soothing influence by diminishing pain, depressing vital activity, or tranquilizing normal muscular movement.d. "Drug" means a drug as defined in the United States Food and Drug Act, or as defined by the directive of the commission, or the United States department of agriculture and includes a high steroid, polyethylene glycoal, or any other substance that prevents or interferes with the detection or identification by an official chemist of any other drug in an official sample.e. "Local anesthetic" means a drug that may prevent or diminish perception to stimuli by the periphery terminations of sensory nerves. f. "Stimulant" means a drug that may exert or exerts an increase or excitation of the functions of a part or organ of a animal.4. In this section, a "positive test" means that the drug or drugs found must be considered to have the therapeutic effect classification designated in officially recognized pharmaceutical reference books.5. The detection of any drug in any official sample by the official chemist constitutes prima facie evidence that the performance of the horse was affected by the detected drug and that the drug was administered to the horse in which it was detected by the person or persons having the care and custody of that horse.6. All horses entered into races held under the rules, at any time before or after a race, may be subjected to any tests or inspections that the commission veterinarian may consider necessary or desirable, including the taking of body fluids.7. After each race, blood or urine samples, or both, must: a. Be obtained from those horses that the judges designate; b. Be obtained, handled, and analyzed in the manner prescribed in the conditions and rules governing the blood and urine service of the United States department of agriculture; andc. Be designated as official samples.8. When urine or blood samples, or both, are to be taken from a horse after a race, nothing may be administered or given to the horse, except on the express permission of the judges and in the presence of the board veterinarian, other than pure drinking water, until the official samples have been taken.9. Any horse from which a positive test is obtained must be disqualified and the order of finish in the race must be revised by the judges accordingly.10. The horse money of each race may not be paid until at least seventy-two hours have elapsed after the concluding time of the race. 11. The owner of a horse that is disqualified for a positive test on the official samples shall pay the owner's driver on the basis of the actual, not revised, order of finish.12. A list of all horses that have had a posterior digital neurectomy must be kept posted by the commission veterinarian. N.D. Admin Code 69.5-02-01-23
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10