N.D. Admin. Code 69.5-01-07-01

Current through Supplement No. 395, January, 2025

Section 69.5-01-07-01 - Horses ineligible

A horse is ineligible to start a race when:

1. The horse is not stabled on the grounds of the licensed association or facilities approved by the association at least forty-eight hours prior to the race except for ship-ins on race day. Ship-in horses shall be in their assigned stall on the day they are scheduled to race. The racing association must have designated ship-in stalls and must provide the commission veterinarian with stalls assigned prior to nine a.m. All ship-in horses will be subject to prerace examinations by the commission veterinarian at their assigned stalls between nine a.m. and eleven a.m.;

2. The horse's applicable horsemen's organization registration certificate is not on file with the racing secretary, horse identifier, or digital certificate available in the jockey club database;

3. The horse is not fully identified by an official tattoo on the inside of the upper lip or through a digital tattoo or chip, or any other approved method;

4. With respect to a horse who is entered for the first time, the nominator has failed to identify the horse by name, color, sex, age, and the names of his sire and dam as registered;

5. A horse is brought to the paddock and is not in the care of and saddled by a trainer or assistant trainer;

6. A horse has been knowingly entered or raced in any jurisdiction under a different name, with an altered registration certificate or altered lip tattoo by a person having lawful custody or control of the horse for the purpose of deceiving any association or regulatory agency;

7. A horse has been allowed to enter or start by a person having lawful custody or control of the horse who participated in or assisted in the entry of racing of some other horse under the name of the horse in question;

8. A horse is wholly or partially owned by a disqualified person or a horse is under the direct or indirect management of a disqualified person;

9. A horse is wholly or partially owned by the spouse of a disqualified person or a horse is under the direct or indirect management of the spouse of a disqualified person, in such cases, it being presumed that the disqualified person and spouse constitute a single financial entity with respect to the horse, which presumption may be rebutted;

10. A horse has no current negative coggins test certificate attached to the registration certificate;

11. The stakes or entrance money for the horse has not been paid;

12. A horse appears on the starter's list, stewards' list, or veterinarian's list;

13. A horse is a first-time starter and not approved by the starter;

14. A horse is owned in whole or in part by an undisclosed person or interest;

15. A horse which has started in a race within the past calendar year which race has not been reported in a nationally published monthly chart book, unless at least forty-eight hours prior to entry, the owner of the horse provides to the racing secretary under oath performance records which show the place and date of the race, the distance, the weight carried, the amount carried, and the horse's finishing position and time;

16. In a stakes race, a horse has been transferred with its engagements, unless, prior to the start, the fact of transfer of the horse and its engagements has been filed with the racing secretary;

17. A horse is subject to a lien which has not been approved by the stewards and filed with the horseman's accountant;

18. A horse seven years of age or older and still a maiden;

19. A horse is subject to a lease not filed with the stewards;

20. A horse is not in sound racing condition;

21. A horse has been nerved by surgical neurectomy except in the case of heel nerves upon veterinarian approval, or cryosurgery;

22. A horse has been trachea-tubed to artificially assist its breathing;

23. A horse has been blocked with alcohol or otherwise drugged to desensitize the nerves above the ankle;

24. A horse has impaired eyesight in both eyes; or

25. When it is thirteen years old unless it wins a recognized race each preceding year in which case it may continue to race.

N.D. Admin Code 69.5-01-07-01

Effective July 1, 1989; amended effective January 1, 2008.

Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.

General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10

Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10