W. Va. Code R. § 178-1-2

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 178-1-2 - [Effective until 7/21/2024] Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms shall have the meaning ascribed in this section.

2.1. "Accredited thoroughbred horse" means a horse that is registered with the West Virginia Thoroughbred Breeders Association and that is foaled in West Virginia or sired by an accredited West Virginia sire or, prior to the expiration of the raiser program set forth in West Virginia Code § 19-23-3(27), finished twelve consecutive months of verifiable residence in West Virginia as a yearling, except for the thirty days' grace period.

2.2. "Accredited West Virginia sire" means a sire that is permanently domiciled in West Virginia, stands a full season in West Virginia, and is registered with the West Virginia Thoroughbred Breeders Association.

2.3. "Age" means the age of a thoroughbred, which is reckoned as beginning on the first day of January in the year in which it is foaled.

2.4. "Allowance race" means an overnight race for which eligibility and weight to be carried is determined according to specified conditions, which include age, sex, earnings and number of wins.

2.5. "Also-Eligible" pertains to:

2.5.a. a number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline; or

2.5.b. in a trial race, the next preferred contestant that is eligible to participate when an entry is scratched, pursuant to the written conditions of the race.

2.6. "Appeal" means a request for the Racing Commission or its designee to hold a hearing and review any decisions or rulings of the stewards or to consider and review the ejection of an occupational permit holder by an association as authorized by West Virginia Code § 19-23-6 and subsection 6.1. of this rule.

2.7. "Applicant" means any racing association making application for a license or any person making application for a permit.

2.8. "Arrears" means all moneys due for entrance fees (including jockeys' fees), fines, subscriptions for stakes, purchase money in claiming or selling races and also any default in money incident to the rules.

2.9. "Association" or "racing association" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse racing and pari-mutuel wagering.

2.10. "Association grounds" means all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities and parking lots and any other areas under the jurisdiction of the Racing Commission.

2.11. "Authorized agent" means a person appointed by an owner or a partnership to act as his or her representative by the execution of a notarized document signed by the owner and filed with the Racing Commission.

2.12. "Beneficial interest" means all direct or indirect forms of ownership or control, voting power, or investment power, held through any contract, lien, lease, partnership, stockholding syndication, joint venture, understanding, relationship (including family relationship), present or reversionary right, title or interest, or otherwise.

2.13. "Betting interest" means one or more horses in a pari-mutuel wagering contest which is identified by a single program number for wagering purposes.

2.14. "Bleeder" means a horse, which has demonstrated external evidence of exercise induced pulmonary hemorrhage (epistaxis, or bleeding from one or both nostrils) and/or the existence of hemorrhage into the trachea post-exercise as observed upon endoscopic examination or determined by laboratory methods.

2.15. "Bleeder list" means a tabulation of all horses designated as bleeders to be maintained by the Racing Commission veterinarian(s).

2.16. "Bookmaking" means a form of gambling that is not authorized by law in which chances are sold to individuals who may win a part or all of the pool depending on the outcome of the event for which the pool is made.

2.17. "Breakage" means the net pool minus payout.

2.18. "Bred" means the place of a horse's birth.

2.19. "Breeder" means the owner of the horse's dam at the time of foaling.

2.20. "Breeder of an accredited West Virginia horse" means the owner of the foal at the time it was born in West Virginia.

2.21. "Chairman" means the chairman of the Racing Commission.

2.22. "Claiming race" means a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with this rule.

2.23. "Commission" means the West Virginia Racing Commission.

2.24. "Commissioner" means a member of the West Virginia Racing Commission.

2.25. "Complaint" means all signed, written complaints made to the Racing Commission or any of its representatives.

2.26. "Conditions" means qualifications that determine a horse's eligibility to be entered in a race.

2.27. "Course" means the track over which horses race.

2.28. "Day" means a twenty-four (24) hour period ending at midnight.

2.29. "Dead heat" means the finish of a race in which the noses of two or more horses reach the finish line at the same time.

2.30. "Declaration" means the act of withdrawing an entered horse from a race prior to the closing of entries.

2.31. "Draw" means the process of selecting thoroughbreds and determining by lot their post or starting gate positions for a race in a manner to ensure compliance with the conditions of the rules of racing.

2.32. "Entry" means:

2.32.a. a horse eligible for and entered in a race; or

2.32.b. two (2) or more horses entered in the same race, which have common ties of ownership, lease or training.

2.33. "False Start" is when a horse(s) exits prematurely through the front of the gates prior to the starter officially dispatching the field regardless of cause. This does not include a horse which exits through the front of the gates and is subsequently reloaded.

2.34. "Flat Race" means races in which horses mounted by jockeys run over a course on which no jumps or other obstacles are placed.

2.35. "Fund" means the West Virginia Thoroughbred Development Fund established under the provisions of W. Va. Code § 19-23-13b.

2.36. A "Handicap" means a race in which the weights to be carried by the horses are assigned by the racing secretary for the purpose of equalizing their chances of winning for all horses entered.

2.37. "Handle" means the total amount of all pari-mutuel wagering sales less refunds and cancellations.

2.38. "Horse" means an equine registered to race including and designated as a mare, filly, stallion, colt, ridgeling or gelding.

2.39. "Horse racing" means any type of equine racing, including, but not limited to thoroughbred racing and harness racing, involving pari-mutuel wagering.

2.40. "Horse race meeting" means the whole period of time ending on December 31^st for which the Racing Commission requires a license.

2.41. "Inquiry" means an investigation by the stewards of potential interference in a contest prior to declaring the result of that contest official.

2.42. "Jockey" means a professional rider issued an occupational permit to ride in races.

2.43. "Legitimate breakage" means the percentage left over in the division of a pool.

2.44. "License" means an authorization by the Racing Commission to an association to conduct horse racing with pari-mutuel wagering at a specified location.

2.45. "Licensee" means any racing association holding a license required by the provisions of W. Va. Code § 19-23-1et seq. and this rule.

2.46. "Maiden" means a horse, which has never, in any country, won an official flat race published in the reports, records and/or statistics of the Daily Racing Form, Equibase or other recognized publications, other than in a match or private sweepstakes. A maiden which has been disqualified after having finished first is still to be considered a maiden.

2.47. "Maiden race" means a contest restricted to nonwinners.

2.48. "Match" means a race between two or more horses under conditions agreed to by their owners.

2.49. "Meet" means the specified periods and dates within a race meeting, during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.50. "Meeting" means the specified periods and dates each year during which an association is authorized by the Racing Commission to conduct racing and/or pari-mutuel wagering.

2.51. "Milkshaking" or "biocarbonate loading" means a bicarbonate or other alkalinizing substance administered to a horse that elevates the horse's bicarbonate level or pH level above those existing naturally in the untreated horse at normal physiological concentrations as determined by the Commission, regardless of the means of administration.

2.52. "Month" means a calendar month.

2.53. "Mutuel Field" means a single betting interest involving more than one (1) horse which is formed when the number of horses starting a race exceeds the numbering capacity of the totalisator and where all horses of a higher number are grouped in the mutuel field.

2.54. "Nerved" means any horse on which a neurectomy has been performed.

2.55. "No contest" means a race canceled for any reason by the stewards.

2.56. "Nominator" means the person in whose name the horse is entered for a race.

2.57. "Objection" means a verbal claim of foul in a race lodged with the stewards or their designee by the horse's jockey, trainer, owner or the owner's authorized agent before the stewards declare the race official.

2.58. "Official order of finish" means the order of finish of the horses in a contest as declared official by the stewards.

2.59. "Official starter" means the official responsible for dispatching the horses for a race.

2.60. "Official running time" means the elapsed time from the moment the first horse crosses the starting point until the first horse crosses the finish line.

2.61. "Off time" means the moment at which, on the signal of the official starter, the doors of the starting gate are opened, officially dispatching the horses in each race.

2.62. "Outstanding ticket" means a winning or a refundable pari-mutuel ticket, which was not cashed during the performance for which it was issued; also known as "outs".

2.63. "Overnight" means a contest for which the entries are closed at a time set by the association's racing secretary.

2.64. "Owner" means a person who holds any title, right or interest, whole or partial in a horse, including the lessee and lessor of a horse. An interest in the winnings only of a horse shall not constitute ownership.

2.65. "Owner of an accredited West Virginia horse" means the owner at the time the horse earned designated purses to qualify for a restricted purse supplement.

2.66. "Owner of an accredited West Virginia sire" means the owner of record at the time the offspring is conceived.

2.67. "Paddock" means an enclosure in which horses scheduled to compete in a contest are saddled prior to racing.

2.68. "Pari-mutuel" means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central pool. The odds of these wagers are to be reckoned in accordance with the collective amounts wagered upon each horse running in a horse race relative to the amount wagered on each horse in each pool with the total to be divided among the first three (3) contestants on the basis of the number of wagers.

2.69. "Pari-mutuel clerk" means any employee of a licensed racing association, who is responsible for the collection of wagers, the distribution of moneys for winning pari-mutuel tickets, verification of the validity of pari-mutuel tickets and accounting for pari-mutuel funds.

2.70. "Patron" means a member of the public present on the grounds of an association during a meeting for the purpose of wagering or to observe racing.

2.71. "Performance" means a schedule of races run consecutively as one program.

2.72. "Permit" or "occupational permit" means a permit required by W. Va. Code § 19-23-2(a) and this rule for those who are involved in or employed by those involved in racing or operating a licensed racetrack or those operating concessions for or under authority from any association.

2.73. "Permit holder" or "occupational permit holder" means any individual holding a permit or occupational permit required by W. Va. Code § 19-23-2(a) and this rule.

2.74. "Person" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description.

2.75. "Pool" means a combination of interests in a joint wagering enterprise or a stake in the enterprise.

2.76. "Post position" means the pre-assigned position from which a horse will leave the starting gate.

2.77. "Post time" means the time set for the arrival at the starting point of the horses in a contest. Post time shall be shown at a reasonable time before the race on a clock device provided specifically for this purpose, and shall be prominently displayed and clearly readable from the grandstand.

2.78. "Preponderance of evidence" means evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.

2.79. "Primary Testing Laboratory" means a laboratory selected by the Racing Commission that is accredited by the Racing Medication Testing Consortium (RMTC).

2.80. "Private sweepstake" means a contest to which no money or other prize is added and which has not at any time been advertised either by publication, or by circular, or entry blank, or in any other way.

2.81. "Program" means the published listing of all contests and contestants for a specific performance.

2.82. "Prospective licensee" means any association which has applied or intends to apply to become a "licensee" as defined under the provisions of W. Va. Code §§ 19-23-1et seq.

2.83. "Protest" means a written complaint made to the stewards concerning a horse entered in a race in which the questioned horse is entered.

2.84. "Purse" means the total cash amount for which a race is contested.

2.85. "Purse race" means a race for money or other prize to which the owners of the horses engaged do not contribute.

2.86. "Race" means a stake, a purse, a sweepstake, a private sweepstakes, a match or overnight event, but does not include a steeplechase or hurdle race.

2.87. "Race day" means a calendar day during a race meeting in which pari-mutuel wagering is conducted on live racing.

2.88. "Racing official" means the officials of a race meeting set forth in section 7 of this rule and any other person and/or position designated by the Racing Commission.

2.89. "Raiser of an accredited West Virginia horse" means the owner of the yearling at the time it finished twelve (12) consecutive months of verifiable residence in the state. During the period, the raiser shall be granted one (1) month of grace for his or her horse to be shipped to and from thoroughbred sales where the horse is officially entered in the sales catalogue of a recognized thoroughbred sales company. Prior to the horse being shipped out of the state for sales, the raiser shall notify the Racing Commission of his or her intentions.

2.90. "Random testing" means testing permit holders for alcohol or controlled substances, or collecting specimens or samples from thoroughbreds, in a manner that assures that all affected individuals or horses have an equal probability of being selected for testing.

2.91. "Reasonable cause/reasonable suspicion testing" means testing permit holders for alcohol or controlled substances, or collecting specimens or samples from thoroughbreds, based on the reasonable belief of the stewards that a permit holder has alcohol or a controlled substance in his or her system, or that a thoroughbred has a drug, medication or other prohibited substance in its system that may constitute a violation of this rule.

2.92. "Recognized meeting" means:

2.92.a. a meeting held under license of the Racing Commission; or

2.92.b. a meeting held in this or any other country under the sanction of a Commission or turf authority whose jurisdiction over the Racing Commission recognizes racing of any nature, and which gives effect to sentences imposed by the Racing Commission upon those guilty of racing rule violations.

2.93. "Restricted area" means an enclosed portion of the association's ground where access is limited to an occupational permit holder.

2.94. "Result" means that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.

2.95. "Ruled-off" means the act of the stewards disallowing a person to enter or remain upon the premises of any or all licensed racetracks and/or simulcast facilities.

2.96. "Scratch" means the act of withdrawing an entered horse from a contest after the closing of entries.

2.97. "Scratch time" means the deadline for withdrawal of entries from a scheduled performance.

2.98. "Simulcast" means the transmission and/or reception for pari-mutuel wagering purposes of a live horse racing contest conducted at a licensed racetrack other than where the pari-mutuel wager is placed.

2.99. "Simulcast race day" means a day during a race meeting in which pari-mutuel wagering is conducted on races being conducted at a location other than the racetrack where the wager is placed.

2.100. "Sponging" means the use of a sponge or other objects that are used to interfere with the respiratory system of a horse.

2.101. "Stable Name" means a name used other than the actual legal name of an owner or lessee and registered with the Racing Commission.

2.102. "Stakes race" means a contest in which nomination, entry and/or starting fees are assessed and contribute to the purse, unless it is a guaranteed purse or an invitational. No overnight race shall be considered a stakes race.

2.103. "Starter" means a horse which becomes an actual contestant in a race by virtue of the starting gate opening in front of it upon dispatch by the official starter.

2.104. "Steward" means a duly appointed racing official with powers and duties specified by W. Va. Code § 19-23-1et seq. and/or this rule.

2.105. "Sweepstake" means a race in which the entrance fee, subscription and/or other contribution of three (3) or more owners are distributed according to the conditions of the race. The race is still a sweepstake when money or any other prize is added, but no overnight race, whatever its conditions, shall be considered to be a sweepstake.

2.106. "Tailed" means the restraining of an unruly horse in the starting gate by manually raising his tail.

2.107. "Tonged" means the restraining of an unruly horse in the starting gate by clamping his ear with a set of tongs.

2.108. "Thoroughbred race or thoroughbred racing" means that form of horse racing in which each horse participating in that race is a thoroughbred (i.e., meeting the requirements of and registered with "The Jockey Club") and is mounted by a jockey.

2.109. "To the dime" means that wagers will be figured and paid to the dime.

2.110. "Touting" means soliciting or providing unauthorized wagering tips on horses for a profit in races under the jurisdiction of the Racing Commission. Touting is not authorized or permitted with the exception that this will not apply to authorized tip sheets specified in the rule.

2.111. "Walkover" means a race in which only one (1) horse starts or in which all the starters are owned by the same interest.

2.112. "Week" means a calendar week.

2.113. "Weigh in" means the act of a jockey weighing himself or herself in the presence of the clerk of scales after a race.

2.114. "Weigh out" means the act of a jockey weighing himself or herself in the presence of the clerk of scales prior to a race.

2.115. "Weight for Age" means a race in which a fixed scale is used to assign the weight to be carried by individual horses according to age, sex, distance of the race, and season of the year without penalties or allowances.

2.116. "Winner" means the horse whose nose reaches the finish line first or is placed first through disqualification by the stewards.

2.117. "Year" means a calendar year.

W. Va. Code R. § 178-1-2