Md. Code Regs. 09.10.01.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.10.01.17 - Entries, Declarations and Scratches

A. Except as provided in Regulations .28 and .57 of this chapter, a horse is not qualified to start in any race unless its owner, trainer, and jockey have been duly licensed by the Commission.

B. For all races, the racing secretary is to receive entries and declarations.

C. Entries and declarations shall be made in a manner designated by the racing secretary and signed by the owner of the horse, by his authorized agent, or by some person deputized by him.

D. Entries and scratches may be made by any manner designated by the racing secretary.

E. Joint subscriptions and entries may be made by any one or more of the owners. However, each partner shall be jointly and severally liable for all fees and forfeits.

F. Registry of a Horse.

(1) A thoroughbred horse may not be allowed to start in any flat race unless duly registered and named at the Registry Office of The Jockey Club (New York).

(2) A nonthoroughbred horse shall be registered and named in the files of the national office of the breed concerned.

G. Name of Horse.

(1) Name Changes.

(a) If a horse's name is changed, its new name shall be registered with the national office of the breed concerned, and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names shall be printed on the official program for these races.

(b) For the purpose of these rules, the national office of the:

(i) Thoroughbred breed of horse shall be The Jockey Club (New York).

(ii) Arabian breed of horse shall be the Arabian Horse Registry of America. The identification certificate of the horse, as issued by the Arabian Jockey Club, shall be on file with the Racing Secretary before the horse is allowed to start.

(2) A horse may not be allowed to enter or start if the highest official regulatory racing body having jurisdiction of the offense previously has determined that the horse was knowingly entered or raced under a name other than its own by a person having lawful custody or control of the animal at the time it was so entered or raced.

(3) A horse may not be allowed to enter or start if it has been previously determined by the highest official regulatory racing body having jurisdiction of the offense that a person having lawful custody or control of the animal participated in or assisted in the entry of racing of some other horse under the name of the horse in question.

(4) For the purposes of §H(2) and (3) of this regulation, the "name" of a horse means the name reflected in the registration certificate or racing permit issued with respect to the horse in question by the national office of the breed concerned.

H. A horse may not be permitted to start if it has shoes on the front hooves that:

(1) Have toe grabs that are greater than 4 millimeters in height; or

(2) Contain bends, jar calks, or any other traction device.

H-1. A horse participating in a turf race at Laurel Park or Pimlico Race Course may only use the following types of shoes:

(1) Flat;

(2) Queen's Plate;

(3) Queen's Plate XT;

(4) Silver Queen; or

(5) Factory Wedge.

I. A horse may not be permitted to enter or to start unless it is in the care of, and is saddled by, a licensed trainer or a licensed assistant trainer.

J. A horse that has not been fully identified may not be permitted to start.

K. A horse may not be permitted to start unless its name and true ownership are registered with the racing secretary.

L. All interests in a horse, except a trainer's percentage of his winnings, shall be filed with the racing secretary before the horse shall start. Every change in interest thereafter during the meeting also shall be filed with the racing secretary.

M. In all races, except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter when running against colts, geldings or horses.

N. To compete in a race, a horse shall be eligible at the time of starting for that race.

O. A horse involved in a partnership may not be permitted to start until the rules for the registration of partnerships have been complied with.

P. An entry may not be admitted after the racing secretary has declared them closed, except that, in case of an emergency, the racing secretary, with the consent of a steward, may re-open the entries.

Q. The list of entries for all other races shall be closed at the advertised time. An entry may not be admitted after that time, unless the nominator can prove to the stewards that the entry was mailed before the advertised time of closing. Starters shall be named through the entry box by the usual time of closing.

R. Except in a match race, an entry, subscription or right of entry under it, does not become void on the death of the nominator or subscriber. These rights shall follow the horse.

S. In the absence of notice to the contrary, entrance and declarations for sweepstakes, which close during or on the eve of a race meeting, close at the office of the racing secretary, who shall make provision therefor. Closing at all other times for sweepstakes shall be at the office of the association.

T. Except in overnight races, if the hour for closing of entries or for declarations is not stated, it is understood to be midnight at the close of the day specified.

U. Nominations for stake races shall be valid if:

(1) Received before midnight of the day of closing; or

(2) Postmarked before midnight of the day of closing and received not later than:

(a) If a handicap, 24 hours before the publication of weights, or

(b) If a type of stakes race other than a handicap, 24 hours before the closing of overnight entries scheduled for the day of the stakes race.

V. If a miscarriage of any nomination or declaration in a stake race is claimed, satisfactory proof that it was mailed or telegraphed shall be presented within a reasonable time to the stewards or the evidence will not be considered.

W. Entries which have closed shall be complied without delay by the racing secretary and posted in a conspicuous place.

X. An alteration may not be made in any entry after the closing of entries, but a bona fide error may be corrected.

Y. In the case of an imported horse, the official racing record of the horse shall be filed with the racing secretary before the time entry is made in order to qualify for eligibility.

Z. Declaration in Purse Races and Overnight Handicaps.

(1) The stewards may, for cause, allow a horse to be declared out of a race.

(2) If a horse is declared out of a race under the provisions of §Z(1) of this regulation, the stewards shall prohibit the horse from running out-of-State for a period up to 10 days starting with the day of the race from which the horse was declared out.

(3) If there is a request to declare a horse out and this request is not allowed by the stewards, the Association shall make this information known to the public by posting it on the information boards of the Association which are normally used to disseminate other race-related information to the public.

AA. Each horse is entitled to 5 feet of the width of the track.

BB. A horse may not be qualified to be entered, or to start in any race, if owned in whole or in part, or is under the management, directly or indirectly, of a disqualified person.

CC. If an entry from a disqualified person, or of a disqualified horse is received, that entry shall be void and any money paid for the entry shall be returned if the disqualification is disclosed 45 minutes before post time for the race. Otherwise, any money shall be paid to the winner.

DD. An entry may not be accepted from husband or wife while either is disqualified.

EE. A horse on any barred list may not be qualified to be entered, or to start, without permission of the stewards.

FF. If a horse is sold to a disqualified person, the horse's racing engagements shall be void as of the date of sale.

GG. A horse may not enter or start in any race if the owner of that horse is in arrears, except with the approval of the racing secretary.

HH. A horse that has been administered any intra-articular injections may not start for 14 days. In counting the number of days, the day the horse is injected shall be the first day.

II. In divided races, the starters in the separate divisions shall be determined by lot.

JJ. If a race is declared off because of insufficient entries, the association may:

(1) Split any overnight race which may have closed, and cause a new drawing for post positions; or

(2) Substitute a new race.

KK. An entry in a sweepstakes is a subscription and cannot be withdrawn.

LL. A person, who subscribes to a sweepstakes before the time fixed for naming, can transfer the right of entry under one or more of his subscriptions to any other person or persons in good standing.

MM. The nominator is liable for the entrance money or stake, and the death of an entered horse, or a mistake in his entry (if eligible) does not release the nominator or transferee from this liability. The entrance money or stake of an eligible horse to any race which is run off may not be returnable for the entry's failure to start for any cause.

NN. A horse may not be entered on a single day for two races, except that a horse may be entered for two or more Stakes races on the same day if the horse is declared by the normal scratch time for the day on which the horse is entered for two or more Stakes races.

OO. A horse may not be entered at more than one track, other than in a sweepstakes, on any one racing day.

PP. If entered for the first time at a meeting, a horse shall be identified by stating his name, color, sex, age, and the name of his sire and dam, as registered. This description shall be repeated at each entry until the horse's name and description have been published in the official program or the list of entries of an association. In every entry after that, the name, age, and sex of a horse shall be sufficient.

QQ. Any alteration in the sex of a horse shall be reported and noted by the trainer to the office of the racing secretary or the Horse Identification Office immediately, and that office shall note the same on the foal certificate.

RR. The racing secretary may call upon an owner or trainer for proof of the eligibility of any entered horse or of any horse offered for entry. In default of this proof, the racing secretary may decline to accept the entry.

SS. Correction of Entry.

(1) Provided the identity of the horse is satisfactorily established, an incorrect or imperfect description in the entry of a horse, or failure to register a partnership, may be corrected at any time:

(a) Before the horse is announced as a starter and his number exhibited for the race in which he is entered; or

(b) In a handicap, before the weighs are announced.

(2) This rule may not be construed to allow any horse to start in any race for which it is not otherwise completely qualified under the rules of racing.

TT. A horse may not be considered scratched or declared out of an engagement until the owner or his authorized agent or some person deputized by him has given due notice to the stewards, and the stewards permit the scratch.

UU. For stake races, if a horse is not named through the entry box the day before the race at the usual time of closing, the horse is automatically out.

VV. The declaration or scratch of a horse out of an engagement is irrevocable.

WW. Horses may be declared from stake races up to 45 minutes before post time for that race.

XX. The following rules apply to purse races and overnight events, but do not apply to stake races or sweepstakes:

(1) A trainer may enter up to three horses in an overnight race if that race has a least six entries with separate owners and or trainers. In no case may more than two horses start in the same ownership and/or trainer to the exclusion of a single entry.

(2) If the race is to be divided into two or more races, an entry under the same or separate ownership shall be separated and one horse of the entry shall receive a draw in each division of the original race.

(3) If possible, the name of the jockey engaged to ride each horse shall be furnished at the time of entry. However, if the jockey has not been named by the normal scratch time for that day's races, the stewards shall select, in their judgment, the best jockey available to ride any horse on which a jockey has not been named.

YY. Published Workouts.

(1) A horse which has never raced or has not started for a period of 60 days or more may not be permitted to start unless it has a published workout at a distance acceptable to the stewards within 45 days of starting. If a horse worked, but through no fault of the trainer the workout does not appear in the past performances, the horse shall be permitted to race and the correct workout and date announced on the public address system.

(2) When a horse is stabled at an approved stable area or training center and the trainer works the horse, the trainer shall make a notarized statement to the stewards as to when, where, and the time for the distance the horse worked, and the work shall be announced on the public address system. If it is not the practice of the trainer to work a particular horse he shall make a notarized statement to the stewards as to how the horse is brought up to a race, and this information will be made public by notation on the official program of the racing association or by public address announcement if this information is received after the program is printed.

Md. Code Regs. 09.10.01.17

Regulations .17 as an emergency provision effective November 12, 1986 (13:24 Md. R. 2553); emergency status expired November 30, 1986 (Emergency provisions are temporary and not printed in COMAR)
Regulation .17G amended effective March 6, 1989 (16:4 Md. R. 496); October 16, 1989 (16:20 Md. R. 2180)
Regulation .17H amended effective October 16, 1989 (16:20 Md. R. 2180)
Regulation .17BB amended effective March 6, 1989 (16:4 Md. R. 496)
Regulation .17OO: 9/9/74 (1:1 Md. R. 17)
Regulation .17R, BB, VV amended 7/21/76 (3:15 Md. R. 790)
Regulation .17YY amended effective March 29, 1982 (9:6 Md. R. 614)
Regulation .17ZZ adopted effective June 18, 1984 (11:12 Md. R. 1062)
Regulation .17ZZ amended effective March 6, 1989 (16:4 Md. R. 496)
Regulation .17 amended effective August 6, 1990 (17:15 Md. R. 1858)
Regulation .17AA amended as an emergency provision effective June 1, 2000 (27:13 Md. R. 1209); amended permanently effective November 27, 2000 (27:23 Md. R. 2146)
Regulation .17H repealed effective April 10, 1995 (22:7 Md. R. 535)
Regulation .17H adopted effective February 23, 2009 (36:4 Md. R. 353)
Regulation .17H amended as an emergency provision effective September 9, 2009 (36:21 Md. R. 1587); amended permanently effective January 25, 2010 (37:2 Md. R. 67)
Regulation .17V amended effective October 12, 1992 (19:20 Md. R. 1813)
Regulation .17YY amended effective January 28, 2008 (35:2 Md. R. 127); amended effective 43:2 Md. R. 127, eff.2/1/2016; amended effective 44:8 Md. R. 401, eff. 4/24/2017; amended effective 45:23 Md. R. 1070, eff. 11/19/2018; amended effective 47:4 Md. R. 260, eff. 2/1/2020; amended effective 47:10 Md. R. 515, eff. 5/18/2020; amended effective 48:19 Md. R. 802, eff. 9/20/2021; amended effective 50:24 Md. R. 1041, eff. 1/1/2024