Utah Admin. Code 52-7-7

Current through Bulletin No. 2024-21, November 1, 2024
Section R52-7-7 - Entries and Declarations
1. Control Over Entries and Declarations. Entries and declarations are under the supervision of the Stewards or their designee; and they, without notice, may refuse the entries any person or the transfer of entries.
2. Racing Secretary to Establish Conditions. The racing secretary may establish the conditions for any race, the allowances or handicaps to be established for specific races, the procedures for the acceptance of entries and declarations, and other conditions as are necessary to provide and conduct the organization's race meeting. The racing secretary is responsible for the receipt of entries and declarations for races. The racing secretary, employees of their department, or racing officials shall not disclose any pertinent information concerning entries which have been submitted until all entries are closed. After an entry to a race for which conditions have been published has been accepted by the racing secretary or their delegate, no condition of the race shall be changed, amended or altered, nor shall any new condition for the race be imposed.
3. Entries. No horse shall be entered in more than one race on the same day. No person shall enter or try to enter a horse for a race unless such entry is a bona fide entry made with the intention that the horse is to compete in the race for which entry is made except, if racing conditions permit, for entry back in finals or consolations involving physically disabled or dead qualifiers for purse payment purposes. Entries shall be in writing on the entry card provided by the organization and shall be signed by the trainer or assistant trainer of the horse. Entries made by telephone are valid properly confirmed by the track when signing the entry card. No horse shall be allowed to start unless the entry card has been signed by the trainer or their assistant trainer.
4. Determining Eligibility. Determination of a horse's eligibility, penalty or penalties, and the right to allowance or allowances for races shall be from the date of the horse's last race unless the conditions specify otherwise. The trainer is responsible for the eligibility of their horse and to properly enter their horse in condition. In the event the records of the racing secretary or the appropriate breed registry do not reflect the horse's most recent starts, the trainer or owner shall accurately provide the information. If a horse is not eligible under the first condition of any race, they cannot be eligible under subsequent conditions. If the conditions specify nonwinners of a certain amount, it means that the horse has not won a race in which the winner's share was the specified amount or more. If the conditions specify nonearners of a stated amount, it means that the horse has not earned that stated amount in any total number of races regardless of the horse's placing.
5. Entries Survive with Transfer. Entries and rights of entry are valid and survive when a horse is sold with their engagements transferred. If a partnership agreement is properly filed with the Horsemen's Bookkeeper, subscriptions, entries, and rights of entry survive in the remaining partners. Unless written notice to the contrary is filed with the Stewards, the entries, rights of entry, and engagements remain with the horse and are transferred to the new owner. No entry or right of entry shall become void on the death of the nominator unless the conditions of the race state otherwise.
6. Horses Ineligible to start in Race. In addition to any other valid ground or reason, a horse is ineligible to start any race if:
A. the horse is not registered by The Jockey Club if a Thoroughbred; the American Quarter Horse Association if a Quarter Horse; the Appaloosa Horse Club if an Appaloosa; the Arabian Horse Club Registry of America if an Arabian; the American Paint Horse Association if a Paint; the Pinto Horse Association of America, Inc., if a Pinto; or any successors to any of the foregoing or other registry recognized by the Commission;
B. the Certificate of Foal Registration, eligibility papers, or other registration issued by the official registry for the horse is not on file with the racing secretary one hour before post time for the race in which the horse is scheduled to race;
C. the horse has been entered or raced at any recognized race meeting under any name or designation other than the name or designation assigned by and registered with the official registry;
D. the Win Certificate, Certificate of Foal Registration, eligibility papers or other registration issued by the official registry has been materially altered, erased, removed, or forged;
E. the horse is ineligible to enter the race, is not entered for the race, or remains ineligible to time of starting;
F. the trainer of the horse has not completed the prescribed licensing procedures required by the Commission before entry and the ownership of the horse has not completed the prescribed licensing procedures before the horse starting or the horse is in the care of an unlicensed trainer;
G. the horse is owned in whole or in part or trained by any person who is suspended or ineligible for a license or ineligible to participate under the rules of any Turf Governing Authority or Stud Book Registry;
H. the horse is a suspended horse;
I. the horse is on the Stewards' list, starter's list, or the veterinarian's list;
J. except with permission of the Stewards and identifier, the identification markings of the horse do not agree with identification as set forth on the registration certificate to the extent that a correction is required from the appropriate breed registry;
K. a horse has not been lip tattooed by a commission -approved tattooer;
L. the entry of a horse is not in the name of their true owner;
M. the horse has drawn into the field or has started in a race on the same day; or
N. the horse's age as determined by an examination of its teeth by the Official Veterinarian does not correspond to the age shown on its registration certificate, such determination by tooth examination to be made in accordance with the current "Official Guide for Determining the Age of the Horse" as adopted by the American Association of Equine Practitioners.
7. Horses Ineligible to Enter or Start. Any horse ineligible to be entered for a race or ineligible to start in any race that is entered or competes in the race, may be scratched or disqualified, and the Stewards may discipline any person responsible.
8. Registration Certificate to Reflect Correct Ownership. Each certificate of registration, eligibility certificate, or lease agreement filed with the organization and its racing secretary to establish the eligibility of a horse to be entered for any race shall accurately reflect the correct and true ownership of the horse, and the name of the owner that is printed on the official program for the horse shall conform to the ownership as declared on the certificate of registration or eligibility certificate. A stable name may be registered for the owner or ownership with the Commission. In the event ownership is by syndicate, corporation, partnership, or other association or entity, the name of the owner that is printed on the official program for such shall be the responsible managing owner, officer, or partner who assumes responsibilities as the owner.
9. Alteration or Forgery of Certificate of Registration. No person shall alter or forge any win sheet, certificate of registration, certificate of eligibility, or any other document of ownership or registration, nor willfully forge or alter the signature of any person required on any such document or entry card.
10. Declarations and Scratches. Any trainer or assistant trainer of a horse that has been entered in a race who does not wish such horse to participate in the draw shall declare their horse from the race before the close of entries. Any trainer or assistant trainer of a horse that has been drawn into or is also eligible for a race who does not wish the horse to start in the race, shall scratch their horse from the race before the designated scratch time. The declaration or scratch of a horse from a race is irrevocable.
11. Deadline for Arrival of Entered Horses. Horses scheduled to compete in a race shall be present within the enclosure no later than 30 minutes before their scheduled race without Stewards' approval. Horses not within the enclosure by their deadline may be scratched and the trainer subject to fine or suspension.
12. Refund of Fees. If a horse is declared or scratched from a race, the owner of the horse shall not be entitled to a refund of any nomination, sustaining and penalty payments, entry fees, or organization charges paid or remaining due when of the declaration or scratch. In the event any race is not run, declared off, or canceled for any reason, the owners of such horses that remain eligible when the race is declared off or canceled shall be entitled to a complete refund of the payments and fees less monies specified in written race conditions for advertising and promotion.
13. Release of Certificates. Any certificate of registration or document of ownership filed with the racing secretary to establish eligibility to enter a race shall be released only to the trainer of record of the horse. However, the trainer may authorize in a form provided by the racing secretary the release of the certificate to the owner named on the certificate or their authorized agent. Any disputes concerning the rights to the registration certificates shall be decided by the Stewards.
14. Nomination Races. Before the closing of nominations, the organization shall file with the Commission a copy of the nomination blank and any advertisements for races to be run during a race meeting. For races that nominations close no earlier than 72 hours before post time, the organization shall furnish the Commission and the owners of horses previously made eligible by compliance with the conditions of the race, with a list of horses nominated and which remain eligible. The list shall be distributed within 15 days after the due date of each payment and shall include the horse's name, the owner's name, and the total amount of payments and gross purse to date, including any added monies, applicable interest, supplementary payments, and deduction for advertising and administrative expenses. The organization shall deposit monies for a nomination race in an escrow account according to procedures approved by the Commission.
15. Limitations on Field and Number of Races. No race with less than two horses entered and run, shall be approved by the Commission. No more than 20 races may be run on a race day, except with permission of the Commission. A race day may be canceled if less than 75 horses have been entered on the day's program, with the exception of days on which trials or finals for a nomination race are scheduled.
16. Agreement Upon Entry. No entry shall be accepted in any race except upon the condition that any disputes, claims, and objections arising out of the racing or with respect to the interpretation of Commission and track rules or conditions of any race shall be decided by the Board of Stewards at the race meet, or, upon appeal, decided by the Commission.
17. Selection of Entered Horses. The manner of selecting post positions of horses shall be determined by the Stewards. The selection shall be by lot and shall be made by one of the Stewards or their designee and a horseman, in public, at the close of entries. If the number of entries to any race is in excess of the number of horses which may, because of track limitations, be permitted to start in any one race, the race may be split, or four horses not drawing into the field may be placed on an also eligible list.
18. Preferred List of Horses. The racing secretary may maintain a list of entered horses eliminated from starting by a surplus of entries, and these horses shall constitute a preferred list and have preference. The manner in which the preferred list shall be maintained and rules governing the list shall be the responsibility of the Racing Secretary. Rules shall be submitted to the Commission 30 days before the commencement of the meet and are subject to approval by the Commission.

Utah Admin. Code R52-7-7

Amended by Utah State Bulletin Number 2016-5, effective 2/2/2016
Amended by Utah State Bulletin Number 2021-09, effective 4/12/2021
Amended by Utah State Bulletin Number 2022-05, effective 2/23/2022