W. Va. Code R. § 178-1-25
Current through Register Vol. XLI, No. 24, June 14, 2024
Section 178-1-25 - [Effective until 7/21/2024] Owners25.1. Permit Requirements for Owners. The following provisions apply to the permit requirements for owners: 25.1.a. Each person who has a five percent (5%) or more ownership or beneficial interest in a horse is required to hold an occupational permit issued by the Racing Commission.25.1.b. All owners of horses and their employees are subject to the permit requirements of this rule immediately upon acceptance or occupancy of stabling accommodations from an association or upon making an entry to run on an association's racetrack. Every owner who races and/or stables his or her horses on the association's racetrack shall notify the association and the stewards of the names of his or her employees.25.1.c. An applicant for an owner's permit shall own or lease a horse which is eligible to race and under the care of a trainer holding a permit issued by the Racing Commission. An owner shall notify the stewards of a change in trainer of his or her horse and shall obtain a notarized transfer certificate. Provided that a notarized transfer certificate shall not be required if the horse has not run within a sixty (60) day period or a period of sixty (60) days has passed since the horse last started at the subject racetrack.25.2. Permit Requirements for Multiple Owners. The following provisions apply to the permit requirements for multiple owners:25.2.a. If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall hold a permit as required by subdivision 25.1.a. of this rule.25.2.b. Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the Racing Commission all owners holding a five percent (5%) or greater beneficial interest, unless otherwise required by the Racing Commission.25.2.c. Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a five percent ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of ownership or beneficial interest, is not presently ineligible for a permit or suspended/revoked in any racing jurisdiction. If such affidavit is not provided or if it is determined that a person having an ownership or beneficial interest in a horse is ineligible for a permit or suspended/revoked in any racing jurisdiction, then the stewards or the Commission may refuse to issue occupational permits to the owners or suspend or revoke the owners' permits.25.2.d. To obtain an owner's permit, an owner with less than a five percent (5%) ownership or beneficial interest in a horse shall establish a bona fide need for the permit and the issuance of such permit shall be approved by the stewards.25.2.e. An application for joint ownership of a horse shall include a designation of a managing owner, a business address, the percentage of each owner's beneficial interest and any other information required by the Racing Commission. Receipt of any correspondence, notice or order at the business address provided shall constitute official notice to all persons involved in the ownership of the horse.25.2.f. A written, notarized appointment of a managing owner or authorized agent shall be filed with the Racing Commission.25.3. Stable Name Registration. Owners and lessees holding an occupational permit may adopt a stable name subject to the approval of the Racing Commission. The following provisions apply to stable name registration: 25.3.a. The applicant shall identify all persons using the stable name. Changes shall be reported immediately to the Racing Commission.25.3.b. A person who has registered a stable name may cancel it upon written notice to the Racing Commission.25.3.c. A stable name may be changed by registering a new stable name.25.3.d. A stable name which has been registered by any other person will not be approved by the Racing Commission.25.3.e. A stable name shall be clearly distinguishable from other registered stable names.25.3.f. The stable name and the name of the owner shall be published in the program.25.3.g. If the stable name consists of more than one person, the program shall list the name of the managing owner along with the phrase "et al."25.3.h. All persons using a stable name shall comply with all rules regarding issuance of permits to owners.25.4. Racing Colors. The following provisions apply to racing colors:25.4.a. Owners or trainers shall provide racing colors which may be subject to the approval of the Racing Commission except at racetracks where colors are furnished by the association. Racing colors shall be registered with the association's racing secretary. The stewards may authorize a temporary substitution of racing colors when necessary.25.4.b. The racing colors to be worn by each jockey in a race shall be described in the program, and any change shall be announced to the public prior to the commencement of the race.25.5. Transfer of Ownership. The following provisions apply to transfer of ownership: 25.5.a. If a horse is transferred by private sale or at public auction, the written acknowledgment of both parties is necessary to prove the fact that the horse was transferred with its engagements. The transfer of a horse under any circumstances to a non-eligible person shall not give that person the privilege of racing the horse.25.5.b. No horse entered in a race may be sold or transferred until after the race in which the horse is entered has been run unless otherwise permitted by the stewards.25.5.c. When a horse is sold with its engagements transferred, valid subscriptions, entries or rights of entry continue to exist with the surviving partners of a duly registered partnership in the event of the death of a partner, provided that the subscriptions, entries or rights of entry were made prior to the partner's death.25.5.d. No person shall make or receive the transfer of a horse or engagement for the purpose of evading disqualification.25.5.e. As long as an owner is in arrears with the horsemen's bookkeeper, no engagements can be transferred or accepted by him or her. No horse can be entered by an owner or under an owner's subscription until the owner is no longer in arrears.25.5.f. When a seller fails to withdraw a horse from a race, when the engagement for that race is not sold or transferred with the horse, the purchaser may not start the horse or receive the stakes if the horse wins.25.5.g. If a horse is sold or transferred with its engagements or any part of them, the seller cannot withdraw the horse from any engagements.25.5.h. If a horse is sold to a disqualified person, the horse's racing engagements are void as of the date of sale.25.5.i. If the ownership of a horse is changed through claiming or transfers, the association's racing secretary shall transfer the original registration certificate to the new owner or update the records of the new owner.25.5.j. Any transfer of ownership or change of a trainer in a stake, handicap, futurity or other special event must occur at least thirty (30) days before the event unless the transferor and transferee can satisfy the board of stewards that the transfer of ownership or change of a trainer was, in fact, an arms length transaction and not for the purpose of evading the coupling rules or any other rule of racing.25.6. Death of Owner. Subscriptions and all entries or rights of entry under them become void on the death of a subscriber, except in the case of a surviving partnership or except upon the approval of the stewards when the personal representative of an estate requests in writing that the benefits accrue to the estate of the decedent subscriber for the privilege of transfer, and agrees to assume any and all obligations incident to the original entries.W. Va. Code R. § 178-1-25