294 Neb. Admin. Code, ch. 9, § 294-9.001

Current through September 17, 2024
Section 294-9.001 - ENTRIES AND SUBSCRIPTIONS
9.001.01 When a person is ruled off a course or suspended, every horse owned in whole or in part by said person or under said person's care and control shall be ineligible to be entered or start in any race until said horse has been reinstated, either by the rescinding of his owner's penalty or by his transfer through bona-fide sale to an ownership acceptable to, and approved by the stewards or the Nebraska State Racing Commission.
9.001.01A When a person is ruled off a course or suspended, said person shall not be qualified, whether acting as agent or otherwise, to subscribe for or to enter or run any horse in any race either in said person's own name or in that of any other person until the rescinding of such penalty. (See Statute 2-1220.)
9.001.02 Horses will keep preference when shipping back and forth from off the grounds, unless starts at a track outside the State of Nebraska.
9.001.03 No person shall willfully enter, or cause to be entered, or start a horse which said person knows or believes to be ineligible or disqualified.
9.001.04 A horse shall not be qualified to start in any race unless he has been and continues properly entered therein.
9.001.05 For all races, the racing secretary is authorized to receive entries, declarations and scratches.
9.001.06 Entries, declarations and scratches shall be made in writing and signed by the owner of the horse, the trainer, or the owner's authorized agent or a licensed person authorized by the owner or trainer. Each association shall provide blank forms on which entries, declarations and scratches are to be made.
9.001.07 A signed entry blank shall be prima facie evidence that the contents of the entry blank express the desires and intent of the person making entry.
9.001.08 An entry must be in writing, by telephone, facsimile, or other approved communication device to the racing secretary. The entry must be confirmed in writing should the stewards or the racing secretary so request. The racing secretary or stewards must refuse an entry if not satisfied that it reflects the intent of the owner.
9.001.09 No person not having an interest in a horse, equal at least to the interest or property of any other one person is entitled to enter the horse in a race as the owner. (See Statute 2-1220.)
9.001.10 Joint subscriptions and entries may be made by any one or more of the owners. However, all partners and each of them shall be jointly and separately liable for all fees and forfeits.
9.001.11 In entering a horse, it must be clearly identified. (See Statute 2-1220.)
9.001.12 The racing officials shall have the power to call on any person in whose name a horse is entered to produce proof that the horse entered is not the property either wholly or in part of any person who is disqualified, or to produce proof of the extent of said person's interest or property in the horse, and in default of such proof being given to their satisfaction, may declare the horse out of the race. (See Statute 2-1220.)
9.001.13 No horse shall be allowed to enter or start in any race unless duly registered and named with the Registry Office of the Jockey Club (New York) and the certificate of registration properly endorsed to the current owner is on file with the racing secretary. (Exceptions may be made if a horse had been shipped to a track for a special race and said horse has been currently racing at another recognized meeting, but only after positive identification had been made.) (See Statute 2-1220.) Quarter Horses must be registered and named with the Registration Office of the American Quarter Horse Association, and the last recorded owner on the registration papers is considered the legal owner. Transfer forms will not be considered when determining ownership, except as specified for claiming under Chapter 13.009.10.
9.001.14 If a horse's name is changed, his new name shall be registered with the Jockey Club (New York) and no entry shall be accepted until such time as the new certificate of registration has been issued by the Jockey Club (New York).
9.001.15 No horse will be allowed at a track, and no horse shall be entered or permitted to start, unless a current, valid health certificate showing that said horse has been examined and found to be free from symptoms of any infections or communicable disease, is on file with the racing secretary.

The health certificate is valid when it is made by an accredited veterinarian licensed by the state authority which governs licensing veterinarians in the state where the examination and certificates were made. It is current if it is dated not more than thirty (30) days prior to the date the horse described in the certificate arrives at a Nebraska race track for the first time in a calendar year. The health certificate shall remain valid if a horse is shipped from one Nebraska track to another Nebraska track during the calendar year. Any track may impose a more rigorous requirement with respect to the time a health certificate shall remain valid. A new health certificate shall be required each time a horse is shipped from outside of the state and each time a horse remains off a Nebraska track for a period exceeding 30 days. The certificate shall include the temperature of the horse at the time he was examined. The association conducting the racing meeting is responsible for compliance with this rule.

9.001.16 No maiden over five (5) years of age nor any horse over twelve (12) years of age will be allowed to start in Nebraska unless special permission to deviate from this rule is requested by an association and approved by the Commission.
9.001.16A A maiden five years of age or older, to be eligible to enter or start, must have a record of one or more prior starts at a recognized meet. Any exception to this requirement must be requested by the association and approved by the Commission.
9.001.17 No horse shall be permitted to enter or to start in any race unless he is in the care of, and the saddling is supervised by, a trainer currently licensed in Nebraska.
9.001.18 No horse shall be permitted to start whose name and true ownership is not registered with the racing secretary. (See Statute 2-1220.)
9.001.19 The entry of a horse must be in the name of his true owner. (See Statute 2-1220.)
9.001.20 A horse must be eligible at the time of starting. (See Chapter 15-003.)
9.001.21 No horse involved in a partnership shall be permitted to enter or start until the rules of the registration of partnerships have been complied with.
9.001.22 A horse shall not be qualified to be entered, or to start in any race, if owned in whole or in part, or if under the management, directly or indirectly of a disqualified person (See Statute 2-1220.)
9.001.23 If an entry from any disqualified person or a disqualified horse is received, such entry shall be void and any money paid for such entry shall be returned if the disqualification is disclosed forty-five (45) minutes before post-time for the race. Otherwise, any such money shall be paid to the winner.
9.001.24 No disqualified horse shall be allowed to start in any race.
9.001.25 No entry in any race shall be accepted for a horse owned wholly or in part by, or trained by, a person whose husband or wife is under license suspension at time of such entry; except that, if the license of a jockey has been suspended for a routine riding offense, the stewards may waive this rule.
9.001.26 No owner or trainer or other licensee shall enter or start a horse that:
(1) is not in sound racing condition.
(2) has a trachea-tube in place as a result of a tracheostomy,
(3) has been given internally or externally, any narcotic, stimulant, depressant, analgesic, local anesthetic, or drug of any kind or description within twenty-four (24) hours prior to the running of a horse in a race except the permitted use of furosemide in accordance with rule 9.001.30.
(4) is blind or has substantially impaired vision in both eyes. A horse that is blind or has substantially impaired vision in one eye must be reported to the racing secretary and the official veterinarian at the meet.
9.001.27 No owner or trainer shall register any horse for racing that has been surgically denerved or permanently blocked above the ankle.
9.001.28 No owner or trainer shall enter or start a horse on which a posterior digital (heel nerve) neurectomy has been performed unless all of the following requirements have been met:
(1) the condition is reported to the racing secretary at the time of registration, or if the procedure is performed after the horse is registered for racing it is so reported to the racing secretary immediately thereafter, and
(2) the Certificate of Foal Registration has been stamped to clearly and permanently indicate such procedure, and
(3) the horse has been examined by the official veterinarian and approved to race at the meet, and
(4) the horse is identified on a list of "HEEL NERVED HORSES" that is maintained by the racing secretary and prominently posted on a bulletin board that is readily accessible to other licensees and the public.
9.001.29 A horse is permitted to race with phenylbutazone in its system. Phenylbutazone shall not be administered in any form, or be available for any horse through feed or other substances, within the twenty four hours prior to the running of a horse in a race. The level of phenylbutazone shall not exceed 5.0 ug/ml in blood or plasma samples taken following a race (re: rule 18.010).
9.001.30 Furosemide (Salix) shall be permitted pursuant to rule 14.003 and subsections thereafter for administration to horses for treatment and prevention of exercise induced pulmonary hemorrhage (EIPH) or bleeders. The use of furosemide must be declared on the entry card at the time of entry.
9.001.31 Repealed
9.001.32 Repealed
9.001.33 Repealed
9.001.34 No horse on the veterinarian's list shall be qualified to be entered, or to start.
9.001.35 If a horse is sold to a disqualified person, said horse's racing engagements shall be void as of the date of sale.
9.001.36 No horse shall be allowed to enter or to start in any race if the owner of that horse is in arrears, except with the approval of the racing secretary or stewards.
9.001.37 No more than two horses of the same ownership or interest shall be entered in a purse race, and both may start, except:
(1) When making an entry, the trainer must express a preference. In no case may two horses start as an entry even though uncoupled for wagering purposes if it deprives a single entry from starting, however, uncoupled entries shall not be preferred over coupled entries, stakes and added money races excepted. (See Chapter 9.001.39 ).
(2) Horses remaining eligible in stakes but eliminated because of these rules will cause a refund of all fees paid for that horse. (See Chapter 16.001.08.)
9.001.38 Double entries of the same ownership may not be uncoupled for wagering purposes. However, with permission of the stewards, double entries of separate ownerships and trained by the same trainer, may be uncoupled for wagering purposes.
9.001.39 If a race is declared off, the racing secretary may split or divide any overnight race which may have closed and cause a new drawing for post positions.
9.001.40 Entries shall be closed at an advertised time and no entry accepted thereafter. The racing secretary, however, may postpone closing of overnight races.
9.001.41 If the number of entries to any purse race is in excess of the number of horses that may, because of track limitations, be permitted to start, the "starters" for the race and their post positions shall be determined by lot in the presence of those making the entries. The same methods shall be employed in determining the starters and post positions in split races.

294 Neb. Admin. Code, ch. 9, § 294-9.001