TITLE 19. ALCOHOL, HORSE AND DOG RACING, LOTTERY, AND GAMING

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Editor spelling correction to subsection (C) (Supp. 88-4). R19-2-101 recodified from R4-27-101 (Supp. 95-1).

R19-2-102. Definitions

In these rules, unless the context otherwise requires:

1. "Added money" means the money a permittee adds to the nominating and starting fees in a race.

2. "Age" means the age of a horse as computed from the first day of January in the year in which the horse is foaled.

3. "Authorized agent" means a person appointed pursuant to R19-2-106(I) of these rules.

4. "Breeder" of a horse means the owner or lessee of its dam at the time of foaling.

5. "Breeding place" means the place of birth of a horse.

6. "Commission" means the Arizona Racing Commission.

7. "Course" means the track over which horses race.

8. "Declaration" means the act of withdrawing an entered horse from a race.

9. "Department" means the Arizona Department of Racing.

10. "Director" means the Director of the Arizona Department of Racing.

11. "Entrance fee" means a fee set by the permittee which must be paid in order to make a horse eligible for a stakes race.

12. "Entry" means, according to its context, either:

a. A horse eligible and entered in a race, or

b. Two or more horses which are entered in a race and are owned in whole or in part by the same owner or are trained by a trainer who owns any interest in any of the other horses in the race.

13. "Equipment" as applied to a horse means whips, blinkers, tongue straps, muzzles, hoods, nose bands, shadow rolls, martingales, breast plates, bandages, boots, plates (shoes), and all other paraphernalia which is or might be used on or attached to a horse while racing.

14. "Field" means:

a. The entire group of horses in a race.

b. The highest numbered horse within the capacity of the tote and all horses of a higher number grouped together in the wagering.

15. "Foreign substance" means any drug, medicine, metabolite, or any other substance which does not exist naturally in the untreated horse and which may have a pharmacological effect on the racing performance of a horse or which may affect sampling or testing procedures. Foreign substances include but are not limited to stimulants, depressants, local anesthetics, narcotics, and analgesics.

16. "Foul" means any action by a horse or jockey which interferes with another horse or jockey in the running of a race.

17. "Grounds" means the entire area used by the permittee to conduct racing meetings including, but not limited to, the track, grandstand, stables, concession areas, and parking facilities.

18. "Horse" includes filly, mare, colt, horse, gelding and ridgling.

a. In general when referring to sex, a horse is an entire male 5 years old or older.

b. Ridgling shall mean a half-castrated male horse or a horse with one or both organs of reproduction absent from the sac.

19. "Lawfully issued prescription" means a prescription-only drug, as defined in A.R.S. § 13-3401, obtained directly or pursuant to a valid prescription or order from a licensed physician acting in the course of professional practice.

20. "Lessee" or "lessor" means a person who has leased a horse for racing purposes.

21. "Maiden" means a horse which at the time of starting has never won a race on the flat in any country on a recognized track or which has been disqualified after finishing first.

22. "Meeting" means the entire period for which a permit to conduct racing has been granted to any permittee by the Commission.

23. "Nominating fee" means a fee set by the permittee which must be paid in order to make a horse eligible for a stakes race.

24. "Nomination" means the naming of a horse or its foal in utero to compete in a specific race or series of races, eligibility for which may be conditional upon the payment of a fee at the time of naming.

25. "Nominator" means the person in whose name a horse is nominated for a stakes or handicap race.

26. "Off time" means the moment at which, on signal of the starter, the horses break and run.

27. "Overpayment" means the amount by which purses paid exceeds the amount due horsemen based upon the net take and break calculation.

28. "Owner" means any person possessing all or part of the legal title to a horse.

29. "Place" means the position in which a horse finishes in a race, and more specifically win-first, place-second, and show-third.

30. "Post position" means the position assigned to a horse for the start of a race.

31. "Post time" means the time set for the arrival at the starting point of the horses in a race.

32. "Prohibited substance" means any substance regulated by A.R.S. Title 13, Chapter 34.

33. "Race" means a contest among horses for purse, stakes, premium, or wager for money, run in the presence of the racing officials of the track and of the Department.

a. "Claiming race" means a race in which any horse entered may be claimed in conformity with these rules.

b. "Graded quarter race" means a quarter race for which horses are classified by the racing secretary on the basis of prior racing times and past performances.

c. "Handicap" means a race in which weights to be carried by the entered horses are adjusted by a handicapper for the purpose of equalizing their respective chances of winning.

d. "Hurdle race" means a race over a course in which jumps or hurdles are used.

e. "Match race" means a race between two or more horses, each the property of different owners, on terms agreed upon by the owners and approved by the Department.

f. "Overnight race" means a race for which entries close 96 hours or less before the time set for the first race of the day on which such race is to be run.

g. "Purse race" means a race for money or other prize to which the owners of the horses engaged in the race do not contribute an entry fee.

h. "Quarter race" means a race on the flat at 870 yards or less.

i. "Race on the flat" means a race over a course in which no jumps or other obstacles are placed.

j. "Stakes race" means a race in which any monies are to be deposited by the owners of the horses engaged in the race, including a race in which money or other prize is added, and in which nominations must close more than 72 hours before the time for the first race of the day on which such stakes race is to be run.

34. "Recognized track" means a track where pari-mutuel wagering is authorized by law or which is recognized by the American Quarter Horse Association.

35. "Ruled off" means the act of barring from the grounds of a permittee and denying all racing privileges.

36. "Scratch" means the act of withdrawing an entered horse from a race after the closing of overnight entries.

37. "Scratch time" means the time set by the permittee for the withdrawing of entries from the races of that day.

38. "Starting fee" means a fee, specified by the conditions of the race and set by the permittee, which must be paid in order to start in a race.

39. "Starting horse" means a horse which leaves the paddock for the post, excluding:

a. A horse subsequently excused by the stewards, or

b. A horse whose starting gate stall doors do not open in front of it at the time the starter dispatches the field.

40. "Subscription" means the act of nominating to a stakes race.

41. "Supplemental fee" means a fee set by the permittee that must be paid at a time prescribed by the permittee to make a horse eligible for a stakes race.

42. "Suspended" means that any privilege granted by the officials of a racing meeting or by the Commission or the Department has been temporarily withdrawn.

43. "Sustaining fees" mean fees which must be paid periodically, as prescribed by the conditions of the race, in order to keep a horse eligible for that race.

44. "Tote/totalizator" means the machines which sell mutuel tickets and the board on which the approximate odds are posted.

45. "Track" means the course over which races take place.

46. "Trainer" means the person employed by an owner or lessee to condition horses for racing.

47. "Underpayment" means the amount by which the amount due horsemen based upon the net take and break calculation exceeds the amount of purses paid.

48. "Walkover" means a race in which there are not two or more horses of separate interest sent postward.

49. "Weight" means the standard weight according to the scale set forth in R19-2-118.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended paragraph (15), added new paragraphs (26) and (45) and renumbering accordingly effective June 6, 1986 (Supp. 86-3). Amended by adding paragraphs (19) and (32) and renumbering accordingly effective November 30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-102 recodified from R4-27-102 (Supp. 95-1).

R19-2-103. Permit Applications

A. A person or persons, associations, or corporations desiring to hold or conduct a horse racing meeting within the state of Arizona shall file with the Commission its permit application that contains the information required in A.R.S. § 5-107 in paper copy and in an electronic medium. All electronic media submissions shall be compatible with the Department's computer system and software. If any addendum to the permit application cannot be submitted in an electronic medium, the applicant shall submit the addendum in a paper copy.

B. The Department shall not issue a permit until the applicant has furnished evidence of compliance with A.R.S. § 23-901 et seq. (Workers' Compensation).

C. Permit applicants shall submit to the Commission the names of the proposed track officials at least 60 days prior to the beginning of their meet, along with a short biographical sketch of each official not previously licensed in the same capacity by the Department.

D. A permit application shall specify the number of races to be run on a daily basis.

E. Racing shall be conducted only on those days granted by permit.

F. Permit Application Time-frames.

1. Administrative completeness review time-frame.

a. Within 728 days after receiving an application package, the Department shall determine whether the application package contains the information required by subsections (A), (B), (C), and (D).

b. If the application package is incomplete, the Department shall issue a written notice that specifies what information is required and return the application. If the application package is complete, the Department shall provide a written notice of administrative completeness.

c. The Department shall deem an application package withdrawn if the applicant fails to file a complete application package within 180 days of being notified that the application package is incomplete.

2. Substantive review time-frame. Within 30 days after receipt of a complete application package, the Commission, with the recommendation of the Department, shall determine whether the applicant meets all substantive requirements and issue a written notice granting or denying the permit.

3. Overall time-frame. For the purpose of A.R.S. § 41-1073, the Department establishes the following time-frames for issuing a permit.

a. Administrative completeness review time-frame: 728 days;

b. Substantive review time-frame: 30 days;

c. Overall time-frame: 758 days.

4. Renewal and temporary permit time-frames. The administrative completeness review time-frame is 30 days, the substantive review time-frame is 30 days, and the overall time-frame is 60 days, excluding time for mailing. The renewal or temporary permit is considered administratively complete unless the Department issues a written notice of deficiencies to the applicant. Temporary permits are valid until a full permit is awarded or until the Commission revokes the temporary permit.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-103 recodified from R4-27-103 (Supp. 95-1). Amended effective January 6, 1998 (Supp. 98-1). Amended by final rulemaking at 11 A.A.R. 5534, effective February 4, 2006 (Supp. 05-4).

R19-2-104. Permittee Responsibilities

A. A permittee shall maintain the grounds in a neat, clean, and safe condition. If a steward determines that a permittee is not in compliance with this Section, the steward shall require that the permittee immediately bring the grounds into compliance.

B. The permittee shall prevent any person, corporation, firm, or association not licensed by the Department from performing any act at its track which requires a license under A.R.S. Title 5, Chapter 1, or this Article.

C. Each permittee department head shall see that the permittee department head's employees are licensed and furnish a list of the employees upon request.

D. A permittee shall take all steps necessary to deny the privileges of a license to anyone whose license has been revoked or suspended and to keep such a person off the grounds of the permittee and to prevent a person who has been ruled off from entering the grounds of the permittee.

E. A permittee or its employees shall not obstruct a representative of the Department performing the representative's duties.

F. A permittee shall not knowingly allow on its grounds any betting or other operations in contravention of any law of the state of Arizona or of the United States.

G. The permittee shall immediately report all observed violations of any racing regulation or statute to the Department and shall cooperate with the Department and with state, federal, and local authorities in investigations of alleged violations.

H. A permittee shall provide the following services at the track:

1. A horse ambulance, approved by the Department, for the removal of crippled animals from the track.

2. A physician or emergency paramedic certified under A.R.S. § 36-2205 on duty during racing hours.

3. An ambulance, available during morning works and racing hours.

4. First aid quarters, available during morning works and racing hours.

5. A detention paddock (test barn) where all winners and other horses selected by the stewards are taken and kept under the supervision of the Department veterinarian until saliva, urine, blood, and other samples have been obtained.

6. An adequate security force whose duties include:

a. Maintaining order.

b. Excluding from the grounds all handbooks, touts, and operators of gambling devices.

c. Excluding from the grounds all persons ruled off by the stewards or the Department.

d. Excluding from the grounds all persons not eligible for a license under A.R.S. § 5-108.

e. Immediately reporting to the stewards any licensee who, while on the premises of the permittee, creates a disturbance, is intoxicated, interferes with any racing operation, or acts in an abusive or threatening manner to any racing official or other person.

7. A security guard stationed at the stable area entrance whose duties include:

a. Denying entrance to all persons not holding a license or credentials issued by the Department or a Departmental pass issued by the permittee.

b. Allowing any person seeking employment within the stable area to have access to that area for a period of one day, provided that:

i. The person is given a numbered card.

ii. A list of recipients of the numbered cards is provided to the track office of the Department upon request.

iii. The numbered card is retrieved by the security guard when the person leaves the stable area.

iv. The track office of the Department is notified of the retrieval.

8. A furnished office, including utilities and necessary office equipment, for the exclusive use of Department employees and officials.

9. A uniformed security official approved by the Department, on duty in the Department test barn during its regular business hours. The official shall provide security and monitor the collection procedure and sealing of samples taken from the horses.

10. A copy of all tip sheets offered for sale in the parking area or elsewhere on the grounds of the permittee, furnished daily to the stewards not later than three hours before first post.

I. A person shall not sell tip sheets, pamphlets, or other printed matter purporting to predict the outcome of a race other than official programs, the Daily Racing Form, and newspapers in the betting area.

J. Wagering shall be conducted upon the grounds of a permittee only under the pari-mutuel method as provided by statute and this Article and by the use of such mechanical or other equipment as the Department may require. Bookmaking or betting other than by the pari-mutuel method is prohibited.

K. A permittee shall not allow the official racing of horses on any track under its control except as provided by subsection (P) below unless:

1. The conditions of the race have been written by the racing secretary at the meeting.

2. The entries have been made in accordance with the requirements set forth in R19-2-113.

3. The race programmed as a part of a regular racing card conducted under the pari-mutuel system.

L. On a daily basis, and as soon as the entries have been closed and compiled and the declarations have been made, the permittee posts a list of the entries and declarations in a conspicuous place.

M. A permittee shall print on a daily racing program a list of all officials and directors of the permittee and of track and racing officials, together with such pertinent rules as the Department may designate.

N. A permittee shall not allow an official to act until the official's appointment has been approved by the Department; provided that, in the case of sickness or inability to act, the provisions of R19-2-121(A)(5) apply.

O. The permittee shall provide a photo finish and videotape device, approved by the Department, for the purpose of recording all races. The photographs and videotapes may be used to aid the stewards in determining the finishes of races. Permittees shall retain for three months all official race photographs and videotapes. The Department may require that specific photographs and videotapes be retained for a longer period of time of be transmitted to the Department for subsequent administrative or judicial proceedings.

P. Notwithstanding subsection (K), wagering may be conducted, by permission of the Department, on electronically televised simulcasts provided:

1. The simulcasts originate from a racing facility outside the state of Arizona.

2. The race is televised on the grounds of the permittee.

3. The televised race is included with the posted races for that racing day.

4. The televised race complies with the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.).

5. Monies wagered are computed in the total daily handle.

6. An out-of-state facility, receiving a simulcast originating from a racing facility within the state of Arizona, operates under the approval and regulation of an official agency of that state.

Q. Any automatic timing device installed by the permittee shall have the approval of the Department.

R. Each commercial horse racing permittee shall furnish the Department with annual financial statements audited and certified by a firm approved by the auditor general.

1. The firm shall conduct the audit in accordance with audit standards prescribed by the auditor general.

2. The firm shall prepare the financial statements in accordance with generally accepted accounting practices.

3. The firm shall use the following accounting practices:

a. Overpayments shall be treated as an asset to the extent that they are recoverable. Overpayments are reported as an asset titled "Purse Overpayments," immediately following current assets. If the permittee and the accountant determine that all or part of any overpayment is not recoverable, the dollar amount expensed and the basis of the determination shall be disclosed in the notes to the financial statements.

b. Underpayments shall be reflected as an account payable.

c. Wagering income shall be reported net of sales taxes.

d. Amounts which a permittee is seeking to recover through litigation shall not be reported as assets.

4. The firm shall submit the following information with the financial statements in a form prescribed by the Department:

a. An analysis of the composition of and changes in accounts payable which include underpayments and asset accounts which include overpayments,

b. A summary of current year purse expense and over- or underpayment,

c. The total amount of salaries and bonuses expense,

d. Legal and accounting expense attributable to racing-related matters,

e. An explanation of the types of revenues and expenses classified in accounts titled "other," and

f. Other financial information requested by the Commission or Department.

5. Financial statements of permittees granted original permits prior to July 1, 1982, shall be on a fiscal year basis. Financial statements of permittees granted original permits after July 1, 1982, may be on a fiscal or calendar year basis at the discretion of the Director.

6. The firm shall submit financial statements within 120 calendar days of the end of the fiscal or calendar year.

7. The firm shall report overpayments and underpayments to the Department in a form prescribed by the Department within 10 working days after the end of each condition book period.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended subsection (H) paragraph (9) effective August 2, 1985 (Supp. 85-4). Amended subsection (R) effective June 6, 1986 (Supp. 86-3). Amended effective March 20, 1990 (Supp. 90-1). Amended effective August 6, 1991 (Supp. 91-3). R19-2-104 recodified from R4-27-104 (Supp. 95-1). Amended effective January 6, 1998 (Supp. 98-1).

R19-2-105. Charity Races

A. A permittee shall provide the Commission with:

1. The name of any nonprofit organization or corporation selected by the permittee as a charity entitled to benefit from a charity racing day or race.

2. A list of the names and addresses of all directors, officers, and shareholders holding 10% or more of the total number of outstanding voting shares of the charitable corporation.

3. A brief description of the purposes and activities to be benefited by monies received from the charity racing day or race.

4. A copy of an Internal Revenue Service letter of determination qualifying the particular charity as an exempt organization or corporation for federal income tax purposes.

B. No permittee shall charge any expenses incurred by operation of racing against the pari-mutuel handle of a charity racing day or race except those prorated expenses incurred on the day of that particular charity racing day or race.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-105 recodified from R4-27-105 (Supp. 95-1).

R19-2-106. Licensing

A. A person participating in any capacity in a racing meeting, including any person who performs services in connection with the conduct of the racing meeting, shall obtain a license from the Department, except:

1. A person performing services during a county fair race meet who is identified by a steward as a volunteer; or

2. A person owning less than 10 percent of outstanding shares of stock, regardless of classification or type, of any permittee or licensee.

B. Applications.

1. To apply for a license, a person shall complete the license application prescribed by the Department.

2. The Department may issue written instructions regarding the preparation and execution of the license application, and the instructions may be a part of or separate from the application form, or both.

3. When an applicant submits a license application, the applicant shall also submit the fee listed in subsection (G). The Department shall ensure that a schedule of license and fingerprint processing fees is displayed prominently at each track.

4. An applicant who is at least 18 years of age shall submit a full set of fingerprints to the Department. The fingerprints shall be taken by the Department or certified by a municipal police department, sheriff's office, or other authority acceptable to the Department.

5. An applicant for a trainer license shall demonstrate knowledge and skill in protecting and promoting the safety and welfare of animals participating in racing meetings by passing an examination prescribed by the Department. An applicant who fails to pass the examination shall wait at least six months before retaking the examination.

6. An applicant for a racing license shall indicate on the license application whether the applicant hires employees or independent contractors to work at an Arizona racetrack. For the purposes of this Section, "employee" has the meaning in A.R.S. § 23-902(B) and "independent contractor" has the meaning in A.R.S. § 23-902(C).

a. An applicant that hires employees to work at an Arizona racetrack shall provide proof of compliance with A.R.S. § 23-961(A) by providing to the Department a copy of the declaration page of the applicant's workers' compensation insurance policy.

b. The Department shall notify the Industrial Commission of Arizona of an applicant that fails to provide proof of workers' compensation insurance as required in this Section. The Department shall notify the Industrial Commission of Arizona of an applicant that hires independent contractors to enable the Industrial Commission of Arizona to investigate the characterization of the applicant's workers as independent contractors.

C. Each applicant and licensee shall know and follow the rules governing racing in Arizona.

D. License procedure.

1. Under delegation from the Director, a steward shall grant or deny a temporary license and transmit the license application to the Director.

2. In considering each application for a license, a steward may require the applicant, as well as the applicant's endorsers, to appear before the steward and show that the applicant is qualified to receive the license requested. The steward shall grant a license only if the applicant meets all the requirements in A.R.S. Title 5, Chapter 1, and these rules.

3. Licensing time-frame.

a. Administrative completeness review time-frame

i. Within 85 days after receiving a license application, the Department shall determine whether the license application contains the information required by subsection (B).

ii. If the license application is incomplete, the Department shall issue a written notice that specifies what information is required and return the license application. If the license application is complete, the Department shall provide a written notice of administrative completeness.

iii. The Department shall deem a license application withdrawn if the applicant or licensee fails to file a complete license application within 10 days of being notified that the license application is incomplete.

b. Substantive review time-frame: Within five days after determining that a license application is administratively complete, the Department shall determine whether the applicant or licensee meets all substantive requirements and the Director, or designee, shall issue a written notice granting or denying a license.

c. Overall time-frame: For the purpose of A.R.S. § 41-1073, the Department establishes the following time-frames for issuing a license:

i. Administrative completeness review time-frame: 85 days.

ii. Substantive review time-frame: five days.

iii. Overall time-frame: 90 days.

4. Temporary license. All licenses are temporary for 90 days under A.R.S. § 5-108(F). Unless the Director denies a license to an applicant, a temporary license automatically becomes the license after 90 days.

5. The Department shall perform a background investigation of an applicant including fingerprint processing through the Department of Public Safety and the FBI, and reviewing records of the Association of Racing Commissioners International, Inc., North American Pari-mutuel Regulators Association, information systems, courts, law enforcement agencies, and Department within the time-frame prescribed in subsection (D)(3).

E. Denials.

1. A license may be denied if the applicant:

a. Has been or is intoxicated or a user of a narcotic drug as defined at A.R.S. § 36-2501(A)(8) within the grounds of the permittee; or

b. Fails to disclose the true ownership or interest in any horse.

2. When a license is denied, the Director shall report the reason for the denial in writing to the applicant and to the Association of Racing Commissioners International, Inc. and the North American Pari-mutuel Regulators Association.

F. General requirements and restrictions.

1. A licensee who is employed in more than one category or who changes from one category to another shall be licensed in each category.

2. A licensee who is an official at different types of tracks (horse, harness, or greyhound) shall be licensed at each type of track.

3. The Director or designee shall not license a person who is less than 16 years of age in any capacity other than as an owner, and shall not license a person who is less than 18 as an official, trainer, or assistant trainer. A person less than 18 who is licensed as an owner, shall have a parent or guardian sign the owner's license application, assuming full financial responsibility for the owner, before that owner is eligible to be licensed.

4. A license expires on the 30th day of June, 1995, and every third year thereafter, except that:

a. Apprentice jockey licenses expire as provided in R19-2-109(D)(2).

b. One-year licenses issued for mutuel workers, concession workers, grooms, and peace officers expire each year on June 30.

5. When present in the barn area of a horse track, the paddock area, or any other restricted area, a person shall wear in full view a photo identification badge issued by the Department or a pass issued by the permittee.

G. Fees.

H. Authorized agents.

1. A person may hold a license solely as an authorized agent or be licensed as an authorized agent and be licensed in another category.

2. The principal shall sign the license application on behalf of an authorized agent and clearly identify the powers of the agent, including whether the agent is empowered to collect money from the permittee. The license application shall be either notarized or signed in the presence of a Department employee and a copy filed with the horsemen's bookkeeper and the Department.

3. To change an agent's powers or revoke an agent's authority, the principal shall describe the changed powers or revoked authority in writing that is either notarized or signed in the presence of a Department official, and filed with the Department and the horsemen's bookkeeper.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended subsections (G) and (I) effective January 25, 1985 (Supp. 85-1). Amended subsections (F) and (G) effective December 5, 1985 (Supp. 85-6). Amended subsections (F) and (G) effective February 19, 1987 (Supp. 87-1). Amended subsections (A) and (B) effective October 23, 1987 (Supp. 87-4). Amended subsections (E), (F) and (G) effective November 30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). Amended effective January 13, 1995 (Supp. 95-1). R19-2-106 recodified from R4-27-106 (Supp. 95-1). Amended effective January 6, 1998 (Supp. 98-1). Amended by final rulemaking at 10 A.A.R. 717, effective April 3, 2004 (Supp. 04-1). Amended by final rulemaking at 10 A.A.R. 4483, effective December 4, 2004 (Supp. 04-4).

R19-2-107. Stable Names

A. A licensed owner who wishes to race under a stable name shall register the stable name with the Department and pay the fee listed in R19-2-106.

1. Only an owner may register or secure a license under a stable name.

2. A name other than the legal name of an owner is a stable name.

B. When registering a stable name, a licensed owner shall identify any individual or business entity operating under the stable name.

1. An individual operating under a stable name shall possess and be able to produce the individual's owner's license upon request by a racing official.

2. An individual operating under a stable name shall sign the authorized agent's application.

3. A business entity operating under a stable name shall:

a. Register to do business according to the laws of the state of Arizona;

b. Submit a list that identifies each stockholder who owns more than 10% of the existing shares, or each partner in a partnership;

c. Notify the Department immediately of any change in ownership; and

d. Use the name under which the business entity does business in Arizona as its stable name.

C. If consistent with other laws, a licensed owner may change a stable name by registering the new stable name and paying the applicable fee in R19-2-106.

D. To abandon a registered stable name, a licensed owner shall provide written notice to the Department.

E. A licensed owner shall select a stable name that is distinguishable from other registered stable names.

F. Upon registration, the Department shall determine whether a prospective stable name will be:

1. Misleading to the public, or

2. Unbecoming to the sport.

G. The Department shall not register a stable name that is misleading to the public or unbecoming to the sport.

H. A licensed owner shall register a separate name for each of the owner's stables.

I. A licensed owner operating under a stable name shall pay all entry fees for and penalties against the stable.

J. At the time of entry, a licensed owner shall ensure that the applicable stable name is furnished for the official program.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-107 recodified from R4-27-107 (Supp. 95-1). Amended by final rulemaking at 9 A.A.R. 4919, effective December 6, 2003 (Supp. 03-4).

R19-2-108. Leases

A. The lessee of a horse shall file a copy of the leasing arrangement with the Department. The leasing arrangement shall include:

1. The name of the horse,

2. The name and address of the owner-lessor,

3. The name and address of the lessee,

4. The stable name, if any, of each party,

5. The terms of the lease.

B. No corporation having more than 10 stockholders who are the registered or beneficial owners of stock or membership in the corporation shall lease any horse owned or controlled by it to any person or partnership for racing purposes.

C. No owner's license shall be granted to a lessee of any corporation referred to in subsection (B) of these rules.

D. A corporation which leases horses for racing purposes in this state, its stockholders, and its members shall file with the Department, upon request, a report containing such information as the Department may specify.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-108 recodified from R4-27-108 (Supp. 95-1).

R19-2-109. Jockeys

A. Generally.

1. A jockey shall pass a physical examination by a physician designated by a permittee. An examination is valid for a 12-month period. A steward may require that a jockey take an additional physical examination if the steward reasonably suspects a jockey's health may endanger himself, his mount, or others. A steward may refuse to allow any jockey to ride until the jockey successfully passes another examination. A steward or a steward's designee may require that any jockey provide blood or urine samples for analysis upon request under A.R.S. § 5-104 (C).

2. A jockey who rides in a race shall report to the jockey room at the time posted in the jockey room and shall remain in the jockey room between races until all engagements for the day have been fulfilled.

3. A jockey shall wear standard jockey attire in official races.

4. Only a jockey, an attendant and a racing official are permitted in the jockey room.

5. A jockey is entitled to a mount fee when the jockey is weighed out by the clerk of scales except in the following cases:

a. The jockey refuses to ride a mount without proper cause.

b. A steward replaces a jockey with a substitute jockey, unless the jockey is being replaced because of an injury received after weighing out and before the start of a race.

6. A jockey named at the draw by lot or by a steward can be replaced by an owner or trainer without payment of a mount fee by notifying a steward or the steward's designee by 9:00 a.m. the following entry day.

7. An owner or trainer shall pay a mount fee to a replaced jockey equal to the fee of the jockey who rides the race unless:

a. An owner or trainer replaces a jockey by notifying a steward or the steward's designee no later than 9:00 a.m. MST on the day immediately preceding the day of the race. In such a case, an owner shall pay a losing fee for each jockey the owner replaces in a race. The Director may establish an earlier deadline for jockey changes in consultation with a permittee, steward, jockey, owner, and trainer, or their representatives at the race meeting. The Director shall not establish a deadline for jockey changes later than noon of a race day at any race meeting with an average daily handle of $100,000.00 or less; or

b. A replaced jockey or jockey's agent waives the fee.

B. Equipment.

1. A bridle that exceeds two pounds in weight shall not be used in a race.

2. A jockey shall use a whip in a race at least 1/4 inch in diameter but not more than one pound in weight or 29 inches in length including the popper.

3. A jockey, apprentice jockey, exercise rider, pony person, and any other person mounted on a racing surface shall wear a properly fastened helmet.

C. Weight; weighing.

1. An owner shall deposit a losing mount fee with a permittee before a jockey is weighed out for a race. If an owner fails to comply with this subsection, a steward may declare the owner's horse out of the race.

2. A jockey shall weigh out and weigh in for a race without a whip or a bridle.

3. A jockey's weight is measured against the jockey's assigned weight as published in the official race program.

4. A jockey shall not weigh more than one pound less than the jockey's assigned weight published in the official program.

5. A jockey shall declare the amount of overweight at the time of weighing out.

a. A jockey shall not ride in a race if more than two pounds overweight without the consent of the owner or trainer of the horse the jockey is to ride.

b. A jockey shall not ride in a race if more than seven pounds overweight without the consent of a steward.

c. A steward shall not disqualify a horse because of any overweight the horse might carry.

d. A permittee shall publicly post any change of weight different from that published in the official program.

6. Immediately after pulling up, a jockey shall ride to the place of weighing in, dismount after obtaining permission from the official in charge, and wait to be weighed by the clerk of the scales.

7. A jockey shall not intentionally touch any person or thing other than the jockey's own equipment before weighing in.

a. A jockey shall unsaddle the jockey's own horse, unless the jockey has obtained permission from an official in charge.

b. An attendant may touch a the horse only by its bridle unless the attendant has obtained permission from an official in charge.

c. A person shall not touch the equipment of a jockey who has returned to the winner's circle to dismount until the jockey has been weighed in unless the person has obtained permission from the official in charge.

8. A jockey who is not able to ride to the place of weighing in because of an accident or illness which disables either the jockey or the horse shall walk or be assisted to the scales.

D. Apprentice jockey.

1. Licenses.

a. An applicant for an apprentice jockey license shall provide a certified copy of the applicant's birth certificate or other satisfactory evidence of date of birth.

b. A steward shall issue an apprentice jockey license if an applicant:

i. Is more than 16 years of age and, if less than age 18, a parent or guardian signs the license application assuming full financial responsibility for the applicant;

ii. Is approved working a horse out of the gate by the starter;

iii. Successfully demonstrates to a steward the ability to gallop or exercise a horse; and

iv. Has the necessary tack and wearing apparel.

2. Expiration of license; weight allowance.

a. An apprentice jockey license expires when the apprentice jockey can no longer claim the weight allowances under subsection (b). Upon expiration an apprentice jockey shall surrender the apprentice jockey license to the Department. If a license expires during the term of the current licensing cycle the Department shall issue a jockey license at no additional cost.

b. An apprentice jockey who has not been licensed previously in any country may claim an allowance in all overnight races except handicaps and stakes as follows:

i. Five pounds for one year from the date of the apprentice jockey's fifth winner.

ii. If an apprentice jockey has not ridden a total of 40 winners within one year from the date of the apprentice jockey's fifth winner, the Department shall allow the jockey to claim the five-pound allowance for three years from the date of the apprentice jockey's first winner or until the apprentice jockey has ridden a total of 40 winners, whichever comes first.

c. The calculation of the time for which an apprentice jockey can claim an allowance shall not include time:

i. In the armed forces; or

ii. The apprentice jockey is physically incapacitated.

d. An apprentice jockey may ride quarter horses, provided that:

i. An apprentice jockey shall not claim an apprentice jockey weight allowance in the race; and

ii. The Department does not consider a winner in the race for the purpose of computing the expiration of the right to claim an apprentice jockey allowance.

E. Prohibited acts.

1. A jockey shall not fail or refuse to fulfill an engagement for a race or for a specified time unless:

a. The race or race card is canceled; or

b. A steward excuses the jockey.

2. A jockey shall not own, either in whole or in part, a horse registered for racing at a track where the jockey is riding.

3. A jockey shall not engage in any pari-mutuel wagering transaction except through the owner of and on the horse that the jockey rides.

4. A jockey attendant, jockey valet, or any licensee employed inside a jockey room shall not place a bet for themselves or for another person during the time that they are acting under the authority of their license.

5. A jockey shall not ride against a horse trained by the jockey's spouse except as part of an entry.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-109 recodified from R4-27-109 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 812, effective February 24, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 717, effective April 3, 2004 (Supp. 04-1).

R19-2-110. Jockey Agents

A. A jockey agent shall be accompanied by the jockey such jockey agent will represent when applying for a jockey agent's license.

B. A jockey agent shall not contract riding engagements for more than two jockeys and one apprentice jockey at the same time.

C. Only one fee shall be charged for a jockey agent's license.

D. A jockey agent may change a rider with the permission of the stewards.

E. A jockey agent shall not work in any other capacity at the track where such jockey agent is licensed.

F. A jockey agent may enter horses if such jockey agent has the permission of the horse's trainer.

G. Riding engagements shall be made only by a jockey or by such jockey's jockey agent.

H. A jockey agent shall not communicate with the jockey such jockey agent represents during racing hours. A jockey agent shall notify the jockey such jockey agent represents of late riding engagements through the stewards or designated official.

I. A jockey may act as such jockey's own agent. If such jockey chooses to do so:

1. The jockey shall notify the stewards of such jockey's intention to represent him- or herself.

2. The jockey shall comply with all rules governing jockey agents.

3. The jockey is not required to obtain a jockey agent's license.

J. When a jockey or such jockey's jockey agent wishes to terminate the agent agreement, the jockey and the jockey agent shall appear together before the stewards to advise them that their agreement has been terminated.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-110 recodified from R4-27-110 (Supp. 95-1).

R19-2-111. Trainers

A. Trainers shall be obligated to know the provisions of the rules governing racing in the state of Arizona.

B. Trainers and their employees shall accept the decisions of the stewards on all questions to which their authority extends, subject to the right of appeal to the Department pursuant to R19-2-123.

C. Trainers shall be responsible for the condition of horses under their care and are required to protect such horses from acts of other parties.

D. Trainers shall be responsible for determining that each person employed by them at a licensed track is licensed by the Department and that the owner of each horse which is to be entered by them in any race is licensed by the Department.

1. Trainers shall refuse to act on behalf of any participant at a licensed track if they have reason to believe, in the exercise of reasonable discretion, that such a participant is not licensed by the Department.

2. A trainer shall not start a horse in any race if the trainer has reason to believe that the owner or owners of the horse are not licensed by the Department before the race. A trainer may enter a horse for an unlicensed owner or owners in a race. If there are no horses on the also-eligible list for the race, the owner or owners must be licensed at least one hour before post time of the first race of the day or the trainer shall have the horse scratched. If there are horses on the also-eligible list, a trainer who entered a horse of an owner or owners who remain unlicensed at the designated scratch time for the race, shall have the horse scratched.

3. Trainers shall report the existence of the circumstances set forth in subsections (D)(1) and (2) of this Section to the stewards.

E. Trainers shall file all registration papers with the racing secretary within 48 hours of their arrival on the grounds of the permittee.

F. Trainers shall ensure that each of their owners has a set of colors registered in the office of the racing secretary and possessed by the jockey room custodian before a horse is entered in a race if track colors are not in use.

G. Trainers shall pick up all registration papers and colors at the close of the meeting.

H. A trainer shall notify the stewards before the transfer of a horse to or from a trainer during a meeting. The stewards shall approve any transfer.

I. A trainer shall not shoe a horse that is not under the trainer's care except by permission of the stewards.

J. When a trainer is absent from the grounds where the trainer's horses are racing, the trainer shall provide a substitute licensed trainer to be responsible for the horse or horses. If there is a violation of subsection (C) or R19-2-112(16), the stewards shall determine whether the absent or substitute trainer is responsible. No provision of these rules relieves an absent trainer of responsibility or limits the absent trainer's responsibility under subsection (C). Both the absent and substitute trainers shall sign a "Trainers' Responsibility Form" provided by the Department and be approved by a steward.

K. A trainer shall not have an ownership interest in a horse unless the trainer trains the horse and the horse is located at the track where the trainer trains. For purposes of this rule, a reversionary interest created by an agreement transferring control of a horse is not an ownership interest.

L. A trainer may employ an assistant trainer with the approval of the stewards. An assistant trainer shall comply with all requirements for a trainer prescribed by this Section and shall be responsible for all horses under the assistant trainer's care.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended subsection (D) paragraph (2) effective February 7, 1984 (Supp. 84-1). Amended effective March 20, 1990 (Supp. 90-1). R19-2-111 recodified from R4-27-111 (Supp. 95-1). Amended by final rulemaking at 10 A.A.R. 717, effective April 3, 2004 (Supp. 04-1).

R19-2-112. Prohibited Acts

Generally:

1. A licensee shall not enter, or cause or permit to be entered, or start a horse a licensee knows or has reason to believe should be disqualified.

2. A veterinarian or plater, licensed to practice on a track under the jurisdiction of the Department, shall not own, lease, or train horses racing at the track on which they practice.

3. A person shall not participate in an unauthorized race on a track while a racing meeting is in progress.

4. A person shall not offer or receive money or other consideration for declaring an entry out of a purse or stakes race.

5. A person shall not possess, within the grounds of any permittee, an electrical, mechanical, or other device, other than ordinary equipment, which may be used to affect the speed or racing condition of a horse. Possession includes, but is not limited to, possession:

a. On the person;

b. In living or sleeping quarters;

c. In an assigned stall, tack room, or other area;

d. In a motor vehicle or trailer.

6. Other than a physician or veterinarian licensed by the Department, a person shall not possess, within the grounds of any permittee, any foreign or prohibited substance, injectable vial, hypodermic needle, syringe, or any other instrument which might be used for injection, without written permission of the stewards. Possession includes, but is not limited, to possession:

a. On the person;

b. In living or sleeping quarters;

c. In an assigned stall, tack room, or other area;

d. In a motor vehicle or trailer.

7. A licensee listed in A.R.S. § 5-104(F) shall not apply, inject, inhale, ingest, or use any prohibited substance while on permittee grounds, unless, upon the request of a steward, the licensee can produce evidence that the possession or use of a prohibited substance is legitimized by a lawfully issued prescription.

8. A jockey, apprentice jockey, exercise rider, or pony rider shall not consume intoxicating liquor on a race day, prior to completing riding commitments for the day.

9. A licensee or race track employee shall not accept, either directly or indirectly, a bribe, gift, or gratuity in any form which is intended to or might influence the results of a race or the conduct of a racing meeting.

10. A licensee, while on the premises of the permittee, shall not create a disturbance, be intoxicated, interfere with a racing operation, or act in an abusive or threatening manner to a racing official or other person.

11. Only veterinarians licensed by the Department shall administer to or prescribe for horses on the premises of any permittee.

a. A licensed veterinarian shall maintain a written record of the name, date, and amount of any drugs or treatments prescribed or administered at the track.

b. Notwithstanding the provisions of subsection (11) of this rule, any veterinarian may treat a horse if an emergency involving the life or health of such horse exists.

12. Notwithstanding the provisions of subsection (16) of this Section, a person shall not administer or cause to be administered a foreign substance, internally or externally, to a horse entered in a race, prior to the race on the calendar day in which the horse is to run, except that:

a. With permission of the Department veterinarian, a licensed veterinarian may administer furosemide or conjugated estrogens on the day of the race to control exercise-induced pulmonary hemorrhage, subject to the restrictions prescribed in R19-2-121(P)(5), (6), and (7). The Department veterinarian shall place these horses on the lasix list. The Department veterinarian shall grant permission for placement of a horse on the lasix list if a veterinarian licensed by the Department determines that a horse suffers from exercise-induced pulmonary hemorrhage or a racing regulatory agency has placed the horse on a bleeders' list at a track outside of Arizona.

b. A person shall not administer furosemide within four hours prior to post time of a race in which the horse is run.

c. A permittee shall clearly identify horses given furosemide on the program or on a list located in areas where mutuel tickets are sold.

13. The Commission has established permissible trace levels of the following foreign substances, as defined in R19-2-102(15).

a. The trace level of Phenylbutazone shall not exceed 5 micrograms per milliliter of plasma of the horse.

b. The trace level of Oxyphenbutazone shall not exceed 5 micrograms per milliliter of plasma of the horse.

14. A person shall not participate in the nerving of a horse intended to be entered in a race at a track within the state of Arizona.

a. Registration papers will not be accepted on nerved horses.

b. A person shall not enter a nerved horse in a race.

c. A person shall not race a horse which is desensitized by the application of cold, chemical, or mechanical freezing devices at the time of arrival at the receiving barn or saddling paddock.

15. Test samples

a. Animal testing

i. A steward or Department veterinarian may subject an entry in a race to saliva, urine, blood, or other tests for the purpose of finding foreign substances.

ii. Persons approved by the Department shall take samples of saliva, urine, blood, or other substances.

iii. A steward may authorize the splitting of any sample.

iv. A Department veterinarian may require blood, urine, or saliva samples to be stored in a frozen state for future analysis.

v. The owner, trainer, or their representative may be present at all times during the taking and sealing of such tests and samples.

vi. The owner, trainer, or representatives of either shall sign documents evidencing the procedure.

vii. A person shall not interfere with the collection or procedures conducted under this rule.

b. Human testing

i. As set forth in A.R.S. § 5-104(C) and R19-2- 112(8) and (10), a licensee shall immediately submit to blood, urine, breath, or other tests ordered by the stewards, if the stewards have reason to believe the licensee is under the influence of or in possession of any prohibited substance or has consumed alcohol in violation of subsection (8) or (10) of this Section.

ii. A licensee shall provide a test sample in the presence of a steward or the steward's designee, submitted in a container furnished by the Department and immediately sealed by the steward or steward's designee in the presence of the licensee being tested.

iii. The steward or steward's designee shall mark the container with the following items: sample identification number; time, date, and location where the sample was given; and the signature of Department personnel sealing the container.

iv. The steward or steward's designee shall submit the container to a Department-approved laboratory for analysis.

v. If laboratory analysis indicates the positive presence of any prohibited substance or alcohol in the tested licensee's sample, the licensee may be subject to license suspension or revocation or civil penalties, as set forth in R19-2- 121(E)(3)(f) and A.R.S. § 5-108.05(A).

vi. Test results and information obtained during the testing process are accessible only to members of the Commission, the Director or designees of the Director, and the tested licensee. The Department shall keep the information in a locked, secured area of the Department office.

vii. The steward's or designee's compliance with these rules constitutes prima facie evidence that the chain of custody of the test samples is secure. The presiding officer in an administrative proceeding of the Department or Commission shall admit the results of such tests.

16. The trainer, groom, and any other person charged with the custody and care of a horse is required to protect and guard the horse against the administration, either internally or externally, of any foreign substance. A positive test indicating the presence of a foreign substance (except as set forth in subsections (12) and (13) of this Section) creates the presumption of failure to meet the duty imposed by this rule.

17. The owner of a horse disqualified in a race because of an infraction of these rules shall forfeit and return the purse or stakes, the trophy received from the race, and the entry or subscription money.

a. The stewards shall distribute winnings forfeited pursuant to this subsection among the remaining entitled entries in the race.

b. The stewards shall disqualify and may declare a horse unplaced for every purpose except pari-mutuel wagering if the chemical analysis performed pursuant to subsection (15)(a) of this Section indicates the presence of a foreign substance classified as Class 1 or Class 2 under the Association of Racing Commissioners International, Inc., February 14, 1995, Uniform Classification Guidelines for Foreign Substances incorporated by reference, on file with the Office of the Secretary of State, and not including any later amendments or editions.

c. The stewards may disqualify and declare a horse unplaced for every purpose except pari-mutuel wagering if the chemical analysis performed pursuant to subsection (15)(a) of this Section indicates the presence of a foreign substance classified as Class 3, Class 4, or Class 5 under the Association of Racing Commissioners International, Inc., February 14, 1995, Uniform Classification Guidelines for Foreign Substances incorporated by reference, on file with the Office of the Secretary of State, and not including any later amendments or editions.

d. The stewards may disqualify and declare a horse unplaced for every purpose except pari-mutuel wagering if the chemical analysis performed pursuant to subsection (15)(a) of this Section shows that a horse on the lasix list raced without the medication described in subsection (12) of this Section, or that the plasma of the horse contained trace levels of medication in excess of the level permitted by subsection (13) of this Section.

e. The Department veterinarian shall review all reports indicating the presence of a foreign substance and consult with the stewards prior to the initiation of disciplinary action. When a report indicates the presence of a substance classified as Class 3, Class 4, or Class 5, the Department veterinarian's review shall specifically address trace-level detection to prevent the initiation of disciplinary action based upon pharmacologically insignificant traces of a substance.

18. The Department may suspend the license of a licensee who refuses to make a payment for financial obligation incurred in connection with racing in this state.

Historical Note

Adopted effective August 5, 1983 (Supp. 83-4). Amended paragraphs (10) and (11) effective June 6, 1986 (Supp. 86-3). Amended paragraphs (10) and (11) effective August 3, 1987 (Supp. 87-3). Amended effective November 30, 1988 (Supp. 88-4). Amended effective March 20, 1990 (Supp. 90-1). R19-2-112 recodified from R4-27-112 (Supp. 95-1). Amended effective January 12, 1996 (Supp. 96-1).

R19-2-113. Entries and Subscriptions

A. Entry.

1. An owner or trainer shall not register a horse for racing under these rules unless the horse is registered by the Jockey Club, American Quarter Horse Association, Arabian Horse Club Registry of America, Inc., Appaloosa Horse Club Inc., American Paint Horse Association, American Donkey and Mule Society, or American Mule Association.

2. An owner or trainer shall list each person with an ownership interest in a horse on the back of the horse's registration papers.

3. An owner, trainer, or their authorized agent may enter a horse in person, by telephone, by telegram, or in writing.

4. The stewards shall consider a horse entered for a purse a "starting horse" unless they declare the horse out of the race.

5. A person nominating a horse in a stakes race shall write the person's full name, mailing address, and telephone number on the nomination form.

6. A person shall not enter a horse in more than one race in one day.

7. An owner shall not transfer a horse to a new trainer after entry.

8. An owner shall not enter a horse if the horse's performance records for the preceding calendar year are not printed in the Daily Racing Form Monthly Chart Book, unless the owner provides the horse's performance records to the racing secretary prior to entry.

9. An owner or trainer shall sign and certify a horse's performance record and shall include the following information for the horse's last four races in the record;

a. Where and when the horse raced;

b. The distance, the weight carried, and the amount earned.

c. The finishing position and time of the race.

10. The second half of an entry has no preference over a single entry except in stakes, handicaps, and qualifying races.

11. An owner entering two or more horses in a race shall indicate the owner's preference for the horse that is to start if the race overfills. A horse excluded because a race overfills receives no consideration.

12. Two or more horses that are entered in a race may be uncoupled for wagering purposes in stakes, handicaps, futurities, and maturities if approved by the stewards and:

a. Both horses are owned, in whole or in part, by the same person; or

b. Both horses are trained by a trainer who owns an interest in one of the horses.

13. In a race in which spouses who are both licensed trainers have entered horses, the trainers are not required to list an overfill preference unless there is common ownership of the horses entered.

14. The racing secretary shall decide whether to use an "also-eligible" list for any meeting.

a. The racing secretary shall determine the number of "also-eligibles" if the entries of a race exceed the capacity of the starting gate.

b. If the number of entries to a race exceeds the number of horses permitted to start, the racing secretary shall determine the starters by lot in a drawing supervised by a steward and witnessed by those making entries. If any of the starters declare out, the racing secretary shall draw, by lot from the "also-eligible" list, the number of horses needed to fill the vacancies in the race.

c. The racing secretary shall assign horses, other than quarter horses, that gain a position in a race from the "also-eligible" list, to the outside post positions in the order in which they are drawn from the list. The racing secretary shall assign a quarter horse to the stall of a horse that is declared out.

d. If a horse on the "also-eligible" list does not start because of insufficient declarations, the racing secretary shall place the horse on the preferred list. The racing secretary shall not place a horse on the preferred list if the owner does not accept the opportunity to start the horse.

e. A horse whose owner, trainer, or authorized agent has drawn its position in a race and entered it again for the next race day is called an "in today horse."

i. If a race in which a horse is entered overfills, the racing secretary shall not consider the "in today horse" except in cases where the conditions read "Arizona Breds Preferred," stakes, and handicaps.

ii. The racing secretary shall not consider a horse on the "also-eligible" list as an "in today horse" until it has been given a position in a race or an opportunity to run.

f. At tracks where entries are taken two or more days ahead of the date of the race, an owner, trainer, or authorized agent may re-enter a horse on the next date if it has been placed on the "also-eligible" list. If it is drawn into a race from its position on the "also-eligible" list, the horse shall be declared an "in today horse" and be withdrawn from the race the following day in favor of a horse on the "also-eligible" list of that race.

15. A person shall make a claim of preference at the time of entry by noting it on the entry blank or the preference will be lost.

a. When a horse has been entered in a race, a person shall withdraw a horse only with permission of the stewards.

b. The racing secretary shall post a copy of the preferred list each afternoon, and any person making a claim of error shall do so by 10:00 a.m. of the following day. The stewards shall not recognize a claim of error made after this time.

16. If an owner or trainer does not declare a horse from the "also-eligible" list by the prescribed time, the racing secretary shall consider the owner or trainer willing to start the horse if another horse is scratched from the race. The racing secretary shall not place a horse on the preferred list if the owner does not accept the opportunity to start the horse.

17. A person shall not alter an entry after the closing of entries. The racing secretary may correct an error in an entry at any time.

18. If the name of a horse is changed, the racing secretary shall publish the new name and the former name in the official entries for the horse's first three starts after the name change. If the name of an Arizona-bred horse is changed, the racing secretary shall report it to the Department in writing within 30 days, listing the new name and the former name.

B. Conditions for entry.

1. A person shall not enter a horse in a race unless its certificate of foal registration, certificate of foreign registration, or racing permit is on file in the racing office of the track at which the horse is to race, or unless permission is granted by the stewards. Foal certificates, which are registered with the racing secretary and are in transit between that office and the American Quarter Horse Association because of a transfer of ownership, are considered to be in the possession of the racing secretary.

2. A horse that has reached its 14th birthday is ineligible to race in Arizona.

3. The stewards shall not permit a horse to run for a purse or stakes unless it is entered in a race and is eligible for the race.

4. The stewards may summon a person in whose name a horse is entered to produce proof that the horse entered is not the property, either in whole or in part, of a person who is disqualified, or to produce proof of the extent of a person's interest in the horse. Failure to produce satisfactory proof shall result in the stewards declaring the horse out of the race if the stewards determine that it is necessary to protect the public peace, safety, or welfare.

5. A horse is not qualified for entry if it is on the stewards', paddock judge's, starter's, or veterinarian's list, or if it has been ruled off.

6. The racing secretary shall consider the performance record of a horse racing on the county fair circuit to determine its eligibility at a commercial meet. A county fair racing secretary shall place a county fair win on the back of the foal certficate.

7. The owner, trainer, or authorized agent shall ensure that a horse that has not started within 45 days has one official workout before starting at a commercial meet.

C. Starts.

1. A person shall not start a horse in a race unless it is fully identified and tattooed, or otherwise authorized by the stewards. A person who participates in any manner in establishing the identity of a horse, including the breeder, owner, trainer, and identifier, is responsible for the accuracy of the information the person provides.

2. An owner, trainer, or authorized agent shall not start a horse in a race until all stakes, forfeits, entry fees, and arrears due on the horse have been paid.

3. The racing secretary shall not permit a horse to start in a stakes race unless it has passed the entry box on the day on which entries for the stakes race are taken.

4. An owner, trainer, or authorized agent shall not start a horse in a race unless all persons having an ownership interest in the horse or an interest in the winnings of the horse have registered with the racing secretary.

5. The racing secretary shall post the saddle-cloth numbers of the horses in a race after overnight entries are closed and post positions are drawn. If a horse with an assigned saddle-cloth number does not start or run the course, the stewards may require an explanation from the owner, trainer, or jockey.

D. Fees.

1. The entrance to a purse race is free unless otherwise stipulated in the conditions of the race. If the conditions require an entrance fee, the fee is paid at the time of entry.

2. The person entering a horse is liable for nominating, sustaining, and starting fees. The subscriber or subscriber's transferee are not entitled to a refund in the event of horse death, withdrawal, or mistake in a horse's entry if the horse is eligible, except as provided in subsection (D)(3).

3. The permittee shall not refund entrance money for a purse race that is run if a horse fails to start or dies unless otherwise provided in the conditions of the race.

4. The permittee shall distribute the entrance money, starting, and subscription fees, as provided in the conditions of the race. If a race is not run, the permittee shall refund all stakes or entrance money.