W. Va. Code R. § 178-1-26

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

Section 178-1-26 - [Effective until 7/21/2024] Trainers

26.1. Permit Requirement for Trainers. The following provisions apply to the permit requirements for trainers:

26.1.a. A trainer shall obtain an occupational permit from the Racing Commission and shall list on his or her occupational permit application the names of all owners or part owners of the horses he or she trains.

26.1.b. An applicant for a trainer's occupational permit who has not previously held a trainer's permit shall provide the following or undergo the following in connection with his or her application so that the Racing Commission and/or the stewards may determine whether or not the applicant is qualified to hold a trainer's permit:

26.1.b.1. evidence that the applicant held a permit in another racing occupation in the state of West Virginia for three (3) consecutive years; or

26.1.b.2. evidence that the applicant held a permit in another racing occupation in another state for four (4) consecutive years; and

26.1.b.3. statements from two (2) reputable persons in the racing industry attesting to the person's character and qualifications; and

26.1.b.4. a written and/or oral and/or practical skills examination administered by the stewards and/or their designee.

26.1.c. Beginning on January 1, 2022, in order to maintain a current permit, trainers and assistant trainers must complete a minimum of four (4) hours of continuing education per calendar year and shall certify compliance as a condition of permit issuance.

26.1.c.1. Qualifying continuing education courses, which may include live and on-line presentations, shall be approved in advance by the Racing Commission.

26.1.c.2. A minimum of two (2) of the four (4) hours of continuing education required per calendar year shall pertain to equine health, safety and welfare topics.

26.1.c.3. A trainer or assistant trainer completing an approved continuing education course or program in another racing jurisdiction that requires the completion of continuing education as a condition of licensure may claim reciprocal continuing education credit in West Virginia.

26.1.c.4. Satisfaction of this continuing education requirement may be subject to audit by the Racing Commission or its designee. Such audits may be conducted randomly or for cause. If an audit reveals that continuing education requirements have not been met during any calendar year, a trainer or assistant trainer may be subject to discipline.

26.1.c.5. A trainer or assistant trainer shall retain, for a minimum period of four (4) years, appropriate documentation, indicating:

26.1.c.5.A. that the trainer or assistant trainer attended or otherwise participated in a course or program, specifying the name, title, date and location of the course or program, and the number of continuing education hours earned;

26.1.c.5.B. that a course or program was accredited by the relevant state regulatory authority or its designee; and,

26.1.c.5.C. proof of compliance (certificate of completion when available) for each credit hour earned.

26.1.c.6. Trainers and assistant trainers shall attest on their permit applications that annual continuing education credits have been met. A permit shall not be issued if such an attestation is not provided.

26.1.c.7. The Racing Commission or the stewards may waive continuing education requirements for just cause.

26.2. Trainer Responsibility as to the Condition of the Horse. As further set forth in subdivision 51.1.a. of this rule, the trainer is responsible as an absolute insurer of the condition of the horses he or she enters in an official workout or a race regardless of any act of a third party.

26.3. Other Trainer Responsibilities. In addition to the responsibilities set forth in section 51 of this rule, the following provisions apply to trainers holding an occupational permit in this state:

26.3.a. No trainer shall harbor, engage, retain, or employ any person not holding an occupational permit. Each trainer is responsible for ensuring that persons under his or her supervision or employment hold an occupational permit.

26.3.b. Each trainer shall register with the association's racing secretary and the association's security department every person under his or her supervision or employment.

26.3.c. Each trainer is responsible for the condition and contents of stalls, tack rooms, feed rooms, sleeping rooms and other areas which have been assigned by the association.

26.3.d. Each trainer is responsible for the disclosure of the true and entire ownership of each horse in his or her care, custody or control and immediately reporting any change in ownership to the stewards for approval and to the association's racing secretary for recording.

26.3.e. Each trainer is responsible for representing an owner in making entries, declarations, scratches and in all other matters pertaining to racing.

26.3.f. Each trainer is responsible for ensuring that horses are entered as to eligibility and weight or other allowances claimed.

26.3.g. Each trainer is responsible for presenting his or her horse and being present in the paddock at a time appointed before post time of the race in which the horse is entered.

26.3.h. Each trainer is responsible for personally attending to his or her horses in the paddock and supervising the saddling thereof. Provided that, a trainer may designate, or request that the stewards designate, another person holding a trainer or assistant trainer permit to perform such duties. Provided further that, such designee shall not have an interest in another horse in the race. A trainer who wishes to designate another trainer or assistant trainer or who wishes to have the stewards make such designation shall give oral or written notification to the stewards no later than one hour before post time.

26.3.i. Each trainer is responsible for ensuring that the correct horse is sent to the paddock for saddling.

26.3.j. Each trainer is responsible for being present following the running of the race to attend his or her horse or for delegating such responsibility to a designee provided for in subdivision 26.3.h. of this rule; to an employee holding an occupational permit; or, to the owner.

26.3.k. Each trainer is responsible for registering with the association's racing secretary the name, age, sex, breeding and ownership of all horses under his or her custody, care or control.

26.3.l. No trainer shall utilize stalls on association grounds unless such stalls have been assigned to him or her by the association's racing secretary.

26.3.m. Each trainer is responsible for instructing the jockey to give his or her best effort during a race and that each horse shall be ridden to win.

26.3.n. No trainer shall have in his or her custody, care or control any horse owned, in whole or in part, by a disqualified person.

26.3.o. Each trainer is responsible for notifying horse owners upon the revocation or suspension of his or her trainer's permit. Upon application by the owner, the stewards may approve the transfer of the owner's horses to the care of another trainer holding an occupational permit, and upon an approved transfer, the horses may be entered to race. Upon transfer of the horse(s), the inactive trainer shall not be involved in any arrangements related to the care, custody or control of the horse(s) and shall not benefit financially or in any way from the training of the horse(s).

26.3.p. No trainer shall accept or offer, directly or indirectly, any bribe, gift or gratuity in any form, which may influence the result of a race.

26.3.q. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association's grounds without permission from the association's racing secretary or his or her designee. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control out of the association's grounds without first signing out the horse on a form prescribed by the association and made available at the stable gate: Provided, That, for all horses stabled on the association grounds, permission is required from the association's racing secretary or his or her designee at the time of removal if the horse is entered to race or may be entered to race at another racetrack for a period of seven (7) days following the day of its removal from the association's grounds. No trainer shall move or permit to be moved any horse or horses under his or her custody, care or control into the association's grounds without presenting a current negative Coggins test for equine infectious anemia (EIA).

26.3.r. No trainer shall withdraw any money from the horsemen's bookkeeper, either in his or her own name or that of an owner, nor may he or she contract obligations against the account of any owner or part owner, unless the trainer is the authorized agent of the owner or part owner; has been granted such authority as the authorized agent; and has an occupational permit allowing him or her to act as an authorized agent.

26.3.s. No trainer shall employ a jockey for the purpose of preventing him or her from riding in any race.

26.3.t. Each trainer shall notify the clocker prior to exercising a horse in a workout of the correct spelling of the horse's name and the distance to be worked.

26.4. Restrictions on Wagering. Each trainer shall refrain from wagering on his or her horse or horses to win or finish first in combination with other horses in a race in which the trainer is participating.

W. Va. Code R. § 178-1-26