Okla. Admin. Code § 325:75-1-3.1

Current through Vol. 42, No. 4, November 1, 2024

Section 325:75-1-3.1 - Definition of accredited Oklahoma-Bred Quarter Horse, Paint or Appaloosa

As used in this Chapter, an Accredited Oklahoma-Bred Appaloosa, Quarter Horse, or Paint horse is a Horse which meets the requirements below:

(1)Stallion. An Accredited Oklahoma-Bred stallion is one that is Domiciled in Oklahoma, stands for service in Oklahoma, and is Enrolled in the Oklahoma-Bred stallion registry. An Oklahoma-Bred Stallion that is Accredited as racing stock is not Accredited as breeding stock in the registry unless the required application is filed and fee paid to Registering Agency. For resulting foals to be Eligible for Accreditation as Oklahoma-Bred racing stock, the stallion must be Accredited in the Oklahoma-Bred Program stallion registry prior to the service that produces the resulting foal. Except for those foals Eligible for Accreditation that are sired by nonaccredited stallions, any foals conceived prior to the stallion being Accredited in the Oklahoma-Bred Program stallion registry will not be Eligible for Accreditation. Eligibility for participation in the Oklahoma-Bred Program begins when the application for the stallion registry is submitted, at which time the stallion must be Domiciled in Oklahoma, and such application is in substantial compliance with the requirements of the registry. The stallion's application must be filed with the Oklahoma- Bred Registering Agency by February 1 of that breeding season. Late applications will be accepted after February 1 and through June 30 of that season. A stallion's Accreditation shall not be forfeited if the stallion leaves Oklahoma for an indefinite period of time for racing, medical treatment, performance, or approved departure for breeding purposes in another hemisphere. An Oklahoma-Bred stallion may leave Oklahoma for the purpose of being offered in a recognized sale consignment. In the case of sale consignment, an Accredited stallion returned to Oklahoma to resume his Domicile within 30 Days after the sale date is not required to become re-accredited. Any foals conceived after date of departure and prior to sale date shall be Eligible for Accreditation if the stallion does not return within thirty (30) Days. Foals conceived after sale date will be ineligible if the stallion fails to resume Domicile within thirty (30) Days. Should the stallion not meet the return period from the auction or sale, the stallion must be re-accredited upon resuming his Domicile in order to be Eligible for breeder awards conceived after the date of departure. The burden of proof relating to such Race, performance, medical treatment, sale consignment or breeding shall be on the Owner of record who shall produce such evidence to the Oklahoma-Bred Registering Agency.

(A)Stallions leaving Oklahoma for breeding purposes in another hemisphere: Approved departure for breeding purposes shall be granted by the Registering Agency upon written notification by the stallion Owner or manager as to the destination of the stallion, the anticipated date the stallion will be leaving and the anticipated date of return to Oklahoma. The stallion must reestablish his Domicile in Oklahoma prior to servicing any mare for which subsequent foals conceived by service from that stallion are to be eligible for Accreditation. The Owner or manager of the stallion must provide written notice of the exact date of stallion's return and re-established domicile location in Oklahoma and the effective date for the stallion's Eligibility to earn awards will be the date of return if notice is provided within 30 Days of that date, or upon receipt of notice if longer than 30 days after the return of the Stallion.

(B)Use of preserved semen to service broodmares: So long as an Accredited Quarter Horse, Paint, Appaloosa or Thoroughbred stallion is in compliance with the Accreditation requirements for the Oklahoma-Bred Program, the stallion may service mares through the use of semen preserved in accordance with the rules adopted by the appropriate national breed registry for that breed of stallion. Additionally, if an Accredited stallion dies or becomes physically incapable of servicing mares while in compliance with the Accreditation requirements of the Oklahoma-Bred Program, semen preserved in accordance with the rules adopted by the appropriate national breed registry for that breed of stallion may be used to service mares with the resulting foals Eligible for Accreditation as racing stock so long as all other conditions of Eligibility are met for those resulting foals.

(C)Re-accreditation of stallions: If a stallion leaves the State of Oklahoma for any reason other than breeding in another hemisphere, sale consignment, performance, or medical treatment and terminates his domicile, that stallion will not be Eligible to sire subsequent foals eligible for Accreditation as racing stock in the Oklahoma-Bred Program. If the stallion returns to Oklahoma to re-establish his Domicile, pays the appropriate fees and meets all other qualifying requirements, the stallion may become re-accredited in the Oklahoma-Bred stallion registry. If a stallion stands for service outside of Oklahoma during the calendar year in which a foal(s) was conceived, any foal conceived after Accreditation or reaccreditation of the stallion in the Oklahoma-Bred stallion registry and while the Accredited stallion was standing in Oklahoma and which otherwise may be Accredited in the Oklahoma-Bred Program upon presentation of acceptable documentation reflecting that the service producing the foal occurred while the Accredited stallion was standing in Oklahoma. The stallion shall be eligible for stallion awards only from those breedings that occurred while the Accredited stallion was physically Domiciled in Oklahoma. The Registering Agency may require an affidavit for any breeding season during which the stallion is standing as an Accredited Oklahoma-Bred stallion.

Failure to provide the required documentation for any year shall result in the stallion Owner being ineligible for stallion awards for all foals resulting from that breeding season unless the required documentation is received by the Registering Agency within thirty (30) Days after written request. Further, foals conceived during that breeding season shall be ineligible for Accreditation unless the required affidavit is received by the Registering Agency not later than thirty (30) Days after written request. An accredited stallion who terminates his Domicile in Oklahoma and later returns to Oklahoma to resume his Domicile, prior to breeding, but fails to reaccredit in the Oklahoma-Bred stallion registry, may qualify for a hardship reaccreditation. In addition to the regular application fee, the applicant shall be charged an additional $200.00 fee. All other qualifications and requirements of the Oklahoma-Bred stallion registry must be met as well. The Registering Agency may require proof that all requirements for accreditation have been met. Any foal by the stallion seeking re-accreditation that would otherwise be Eligible for accreditation as racing stock in the Oklahoma-Bred Program will be Eligible for accreditation upon hardship reaccreditation in the Oklahoma-Bred stallion registry. Acceptance of a foal application under these circumstances, by the official Registering Agency, is subject to the stallion being enrolled under a hardship re-accreditation application in the Oklahoma-Bred stallion registry within sixty (60) days from receipt of notice by the stallion Owner that the stallion was not re-accredited in the Oklahoma-Bred stallion registry prior to breeding. The fee to enroll the racing stock in the Oklahoma-Bred Program will be based upon the age of the foal on the date the Registering Agency receives the racing stock application. Failure to Enroll a stallion under a Hardship Application within sixty (60) days from receipt of notice that the stallion was not re-accredited prior to breeding will result in the rejection of any pending racing stock applications for foals by the stallion. The Owner of an Accredited Oklahoma-Bred stallion (for the purpose of qualifying for stallion awards) is the Owner or Lessee of record at the time the offspring is conceived.

(2)Broodmare. An Accredited Oklahoma-Bred Quarter Horse, Paint, or Appaloosa broodmare is one that is Domiciled in Oklahoma and is enrolled in the Oklahoma-Bred broodmare registry. An Oklahoma-Bred mare that is Accredited as racing stock is not Accredited as breeding stock in the registry unless the required application is filed and fee paid to Registering Agency. Eligibility for participation in the Oklahoma-Bred Program begins when the application for the broodmare registry is submitted, at which time the broodmare must be Domiciled in Oklahoma, and such application is in substantial compliance with the requirements of the registry. The broodmare's application must be filed with the Oklahoma-Bred Registering Agency by December 31 of the year prior to foaling. Late applications will be accepted after December 31, but must be prior to foaling. Hardship Applications are accepted at any time. A broodmare's Accreditation shall not be forfeited if the broodmare leaves Oklahoma for an indefinite period of time for racing, medical treatment, performance, or approved departure for breeding purposes in another hemisphere. An Oklahoma-Bred broodmare may leave Oklahoma for the purpose of being offered in a recognized sale consignment. In the case of sale consignment, an Accredited broodmare returned to Oklahoma to resume her Domicile within 30 days after sale date is not required to become re-accredited. The burden of proof relating to such Race, performance, medical treatment, sale consignment or breeding shall be on the Owner of record who shall produce such evidence to the Oklahoma-Bred Registering Agency.

(A)Broodmares serviced out-of-state: An Accredited Oklahoma-Bred broodmare may be shipped out of Oklahoma to be serviced by a non-accredited stallion, provided she is returned to Oklahoma to resume her Domicile not later than August 15 of the calendar year in which she is serviced. Failure of the Accredited broodmare to return to Oklahoma to resume her Domicile not later than August 15 shall have two results: First, the broodmare loses her Accreditation in the program; Second, the resultant foal is ineligible for Accreditation in the Oklahoma-Bred Program unless the broodmare resumes her Domicile in Oklahoma and files for re-accreditation prior to the birth of the foal.

(B)Multiple foals by accredited broodmares: An Accredited broodmare shall be eligible to produce multiple foals eligible for Accreditation as Oklahoma-Bred racing stock and shall be Eligible to receive breeders awards so long as the multiple foals are produced in accordance with guidelines or requirements adopted or approved by the national breed registry for the breed of foal being produced, and the resulting foals are Eligible for registration with the appropriate national breed registry.

(C)For purposes of qualifying for broodmare awards: The Owner of an Accredited Oklahoma-Bred broodmare bred to a Quarter Horse, Paint, or Appaloosa stallion is the Owner or Lessee of record at the time of conception. No Accredited Oklahoma-Bred broodmare shall be permitted to earn broodmare awards from the Accreditation of Oklahoma-Bred racing stock foals by non-accredited Oklahoma-Bred stallions if the broodmare has consecutive years with service only by non-accredited stallions.

(D)Re-accreditation rule: If a broodmare leaves the State of Oklahoma for any reason other than breeding, sale consignment, performance, or medical treatment, the broodmare is deemed terminated and loses broodmare Accreditation in the Oklahoma-Bred Program. Such that broodmare will not be Eligible to produce subsequent foals Eligible for Accreditation as racing stock in the Oklahoma-Bred Program. If the broodmare returns to Oklahoma to reestablish her Domicile, pays the appropriate fees and meets all other qualifying requirements, the broodmare may become re-accredited in the Oklahoma-Bred broodmare registry. The broodmare may be reaccredited every calendar year. In the event a re-accredited broodmare produces successive foals by non-accredited Oklahoma-Bred stallions, the broodmare Owner will not receive any breeder awards for the second foal. The Registering Agency may request a copy of the foal report submitted to the official breed registry for any Accredited Oklahoma-Bred broodmare. An Accredited broodmare who terminates her Domicile in Oklahoma and later returns to Oklahoma to resume her Domicile, prior to foaling, but fails to reaccredit in the Oklahoma-Bred broodmare registry, may qualify for a hardship reaccreditation provided however, a broodmare reaccredited in consecutive years shall not be Eligible to produce accredited foals born in the second or subsequent, consecutive year of back to back re-accreditation, unless the application for re-accreditation includes a valid transfer of Ownership between individuals that are not related by blood or marriage, or that share the same physical address. In addition to the regular application fee, the applicant for a hardship re-accreditation shall be charged an additional $200.00 fee. All other qualifications and requirements of the Oklahoma-Bred broodmare registry must be met as well. The Registering Agency may require proof that all requirements for accreditation have been met. Any foal out of the broodmare seeking re-accreditation that would otherwise be Eligible for Accreditation as racing stock in the Oklahoma-Bred Program will be Eligible for Accreditation upon hardship reaccreditation in the Oklahoma-Bred broodmare registry. Acceptance of a foal application under these circumstances, by the official Registering Agency, is subject to the broodmare being Enrolled under a hardship reaccreditation application in the Oklahoma-Bred broodmare registry within sixty (60) days from receipt of notice by the broodmare Owner that the broodmare was not re-accredited in the Oklahoma-Bred broodmare registry prior to foaling. The fee to Enroll the racing stock in the Oklahoma-Bred Program will be based upon the age of the foal on the date the Registering Agency receives the racing stock application.

(3)Hardship Application.

(A) Notwithstanding other provisions of this Section, a mare Accredited in the Oklahoma-Bred Program as a racing stock (with the proper Oklahoma-Bred stamp) but which has not been Accredited in the Oklahoma-Bred broodmare registry prior to producing a foal that would otherwise be Eligible for accreditation in the Oklahoma-Bred Program may be Accredited in the Oklahoma-Bred broodmare registry. In addition to the regular application fee, the applicant shall be charged an additional $200.00 fee. All other qualifications and requirements of the Oklahoma-Bred broodmare registry must be met as well. The Registering Agency may require proof that all requirements for Accreditation have been met. Any foal out of the broodmare that would otherwise be Eligible for Accreditation as racing stock in the Oklahoma-Bred Program will be Eligible for Accreditation upon enrollment in the Oklahoma-Bred broodmare registry. Acceptance of a foal application under these circumstances by the official Registering Agency is subject to the broodmare being Enrolled under a Hardship Application in the Oklahoma-Bred broodmare registry within sixty (60) days from receipt of notice by the broodmare Owner that the broodmare was not Accredited in the Oklahoma-Bred broodmare registry. The fee to Enroll the racing stock in the Oklahoma-Bred Program will be based upon the age of the foal on the date the Oklahoma-Bred Registering Agency received the racing stock application.

(B) Notwithstanding other provisons of Chapter 75, any racing stock that was foaled to a broodmare that was Eligible but not Accredited for the Oklahoma Bred program may apply to register as Oklahoma Bred racing stock after the broodmare is Accredited in the Oklahoma Bred program upon submission of the appropriate application, payment of the application fee and payment of fee established for racing stock. The broodmare shall be registered and approved prior to approval of the racing stock application.

(4)Racing stock. An Accredited Oklahoma-Bred Quarter Horse, Paint, or Appaloosa racehorse is a Horse foaled in Oklahoma that meets one of the following requirements:

(A) The racehorse is a Quarter Horse, Paint, or Appaloosa horse registered by the appropriate national breed registry(s) and is by an Accredited Oklahoma-Bred stallion and out of an Accredited Oklahoma-Bred broodmare; or

(B) The racehorse is a foal out of an Accredited Oklahoma-Bred broodmare and by a non- Accredited stallion; and

(C) In no event can an Accredited broodmare produce Accredited Oklahoma-Bred Racing Stock foals in successive years that are by non-Accredited stallions; however, multiple foals out of an Accredited Oklahoma-Bred broodmare and by both Accredited Oklahoma-Bred stallions and non- Accredited stallions in the same calendar year shall be Eligible. With regard to multiple embryos, if the appropriate national breed registry permits registration of multiple foals from the same broodmare in a single year, all foals conceived and foaled by that broodmare or her recipients shall be Eligible for Accreditation in the Oklahoma-Bred Program if the other requirements of the program are met or

(D) Except for the initial foal Accredited in the Oklahoma-Bred Program, all foals to be Accredited in the Oklahoma-Bred Program sired by non- Accredited stallions must be preceded (by year of birth) in the registry by either an Oklahoma-Bred Accredited foal sired by an Accredited stallion, or by affidavit or other documentation accepted by the Registering Agency that verifies the broodmare was bred to an Accredited stallion and subsequently produced a foal that died after the broodmare was bred back to an out-of-state stallion but prior to registering that live foal; or produced a foal carried by a recipient mare which was stillborn or died prior to being registered but after the Accredited broodmare was bred to an out-of-state stallion in the subsequent year. In such case, if the broodmare is permitted to produce Accredited foals by non- Accredited stallions in two consecutive years, that broodmare must for the next subsequent year be bred to an Accredited stallion and produce a foal which is Accredited for subsequent foals to be eligible for accreditation. An Oklahoma-Bred that is accredited as racing stock is not Accredited as breeding stock in the registry. The Owner of an Accredited Oklahoma-Bred racehorse (for the purpose of qualifying for added purse supplements) is the Owner or Lessee of record at the time of the Race.

(5)Late applications.

(A)Broodmare. A broodmare may be Accredited in the Oklahoma-Bred broodmare registry after December 31 of the year prior to foaling if the application and fee are submitted to the Oklahoma-Bred Registering Agency prior to foaling; and the broodmare is otherwise in substantial compliance with the requirements of the registry. Domicile must be established when the broodmare's application is filed with the Oklahoma-Bred Registering Agency.

(B)Stallion. A stallion may be Accredited in the Oklahoma-Bred stallion registry after February 1 and by June 30 and complete the current breeding season if the stallion is otherwise in substantial compliance with the requirements of the registry. Domicile must be established when the stallion's application is filed with the Oklahoma-Bred Registering Agency.

(C)Fee. The fee to Accredit a broodmare or stallion under a late application is twice the regular fee. The fee will not be refunded if the Registering Agency rejects the application but will be applied to Accreditation of the horse for the next ensuing year.

(6)Domicile exception. An Oklahoma-Bred broodmare or stallion may leave Oklahoma for an indefinite period of time for race, performance purposes or for medical treatment. The broodmare or stallion may leave Oklahoma for the purpose of being offered in a recognized sale consignment, and, if returned within thirty (30) days of sale date, is not required to become re-accredited. Should the broodmare or stallion not meet the return period from the sale, it must be re-accredited. The burden of proof shall be on the Owner to notify the Registering Agency of the intent to leave the State for any of the above reasons. The Registering Agency may further require verification of participation, treatment or consignment to a sale. Further, the Owner must report to the Oklahoma-Bred Registering Agency the date the broodmare or stallion returned to Oklahoma.

Okla. Admin. Code § 325:75-1-3.1

Added at 26 Ok Reg 2177, eff 6-25-09 ; Amended at 28 Ok Reg 1650, eff 6-25-11 ; Amended at 30 Ok Reg 532, eff 5-15-13

Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024