W. Va. Code R. § 178-1-10
Current through Register Vol. XLI, No. 37, September 13, 2024
Section 178-1-10 - Horsemen's Bookkeeper10.1. General Authority. The horsemen's bookkeeper shall maintain the records and accounts and perform the duties described in this section and maintain any other records and accounts and perform any other duties prescribed by the association and the Racing Commission.10.2. Records. The following provisions apply to the records maintained by the horsemen's bookkeeper: 10.2.a. The records shall include the name, mailing address, social security number, or federal tax identification number, and the state or country of residence of each thoroughbred owner, trainer or jockey participating at the race meeting who has funds due or on deposit in the horsemen's account.10.2.b. The records shall include a file of all required statements of partnerships, syndicates, corporations, assignments of interest, lease agreements, and registrations of authorized agents.10.2.c. All records of the horsemen's bookkeeper shall be kept separate and apart from the records of the association.10.2.d. All records of the horsemen's bookkeeper including records of accounts and monies and funds kept on deposit are subject to inspection by the Racing Commission at any time.10.2.e. If the horsemen's bookkeeper is an employee of the association, the association licensee is subject to disciplinary action by the Racing Commission for any violations of or non-compliance with the provisions of this rule.10.3. Payment of Purses. The following provisions apply to the payment of purses: 10.3.a. The horsemen's bookkeeper shall receive, maintain and disburse the purses of each race and all stakes, entrance money, jockey fees, purchase money in claiming races, along with all applicable taxes and other monies that properly come into his/her possession in accordance with the provisions of Racing Commission rules.10.3.b. The horsemen's bookkeeper may accept monies due belonging to other organizations or recognized meetings, provided prompt return is made to the organization to which the money is due.10.3.c. The horsemen's bookkeeper shall disburse the purse of each race and all stakes, entrance money, jockey fees and purchase money in claiming races, along with all applicable taxes, upon request, within 48 hours of receipt of notification that all tests with respect to such races have cleared the primary testing laboratory as reported by the stewards or the Racing Commission, except that minimum jockey mount fees may be disbursed prior to notification that the tests have cleared the testing laboratory(ies). Provided, however, that the organization representing the majority of the horsemen and the association may negotiate and reach an agreement specifying the circumstances under which owners who enter into purse release agreements may receive their purse award prior to notification that all tests have cleared the testing laboratory(ies) and within 72 hours of the official end of the race. A purse release agreement shall specify that in the event there is a primary testing result indicating a medication violation negating the winning status of an owner's horse, that such owner shall fully reimburse the purse account within 72 hours of receipt of notice of the order of disqualification by the stewards. For purposes of this rule, such 72 hour notice of receipt of the order of disqualification shall run as of the time and date of posting or as of the time and date of electronic transmission of such notice. In the event that the owner fails to reimburse the purse account, the stewards may suspend the owner's occupational permit and enter such action and the reason therefor into the database of the Association of Racing Commissioners International (RCI). Any suspension for failure to reimburse the purse account shall remain in effect until reimbursement has been satisfactorily made, together with such other fees and fines determined by the stewards in connection with the race for which the disqualification was determined. Further, any agreement reached by the organization representing the majority of the horsemen and the association shall specify the circumstances under which the horsemen's organization shall indemnify the purse account in the event that an owner fails to reimburse it. Any agreement reached by the organization representing the majority of the horsemen and the association shall be filed with the Racing Commission 30 days prior to the start of the race meeting. In the absence of such an agreement, the horsemen's bookkeeper shall disburse the purse of each race as otherwise specified in this subdivision after all tests have cleared.10.3.d. In the event a protest or appeal has been filed with the stewards or the Racing Commission, the horsemen's bookkeeper shall disburse the purse within 48 hours of receipt of a dismissal or a final order disposing of such protest or appeal.10.4. Holder of claim against thoroughbred. The holder of a claim whether it is a mortgage, a bill of sale or lien of any kind against a thoroughbred, shall file the claim with the horsemen's bookkeeper prior to the time the thoroughbred starts. The holder of a claim who fails to do so forfeits his or her rights in the winnings of the thoroughbred prior to the time his or her claim is properly filed.10.5. Outstanding accounts. Owners having unpaid jockey or other fees at the close of a race meeting, shall be billed by the horsemen's bookkeeper within 20 days of the close of the race meet, with a duplicate copy of a bill to the trainer. All owners must pay their accounts within 30 days from billing dates. At the expiration of the 30 day period, the association shall notify the Racing Commission or the stewards, in writing, of all delinquent accounts, at which time all owners with outstanding accounts may have their occupational permits suspended by the stewards until the fees are paid.W. Va. Code R. § 178-1-10