SECTION 325:25-1-10. Horses ineligible to start in a race

(a)   In addition to any other valid ground or reason, a horse is ineligible to start in any race if:

(1)   Such horse is not registered by The Jockey Club if a Thoroughbred; the American Quarter Horse Association if a Quarter Horse; the Appaloosa Horse Club if an Appaloosa; the Arabian Horse Club Registry of America if an Arabian; the American Paint Horse Association if a Paint; the Pinto Horse Association of America, Inc., if a Pinto; or any successors to any of the foregoing or other registry recognized by the Commission.

(2)   If its breed registration certificate is not on file with the racing secretary, unless the racing secretary has submitted the certificate to the appropriate breed registry for correction, or in the case of Thoroughbred horses foaled in 2018 or thereafter, the horse does not have a Digital Tattoo; the stewards may waive these requirements if the information contained on the registration certificate is otherwise available and the horse is otherwise correctly identified to the stewards' satisfaction.

(3)   Such horse has been entered or raced at any recognized race meeting under any name or designation other than the name or designation duly assigned by and registered with the official registry.

(4)   The Win Certificate, Certificate of Foal Registration, eligibility papers, or other registration issued by the official registry has been materially altered, erased, removed, or forged.

(5)   Such horse is ineligible to enter said race, is not duly entered for such race, or remains ineligible at time of starting.

(6)   The ownership and Trainer of such horse has not completed the prescribed licensing procedures required by the Commission before starting the horse, or the horse is in the care of an unlicensed Trainer.

(7)   Such horse is a suspended horse.

(8)   Such horse is on the Stewards' List, Starter's List, or the Veterinarian's List.

(9)   Except with permission of the Stewards and Horse Identifier, the identification markings of the horse do not agree with the identification as set forth on the Registration Certificate to the extent that a correction is required from the appropriate breed registry.

(10)   Except with the permission of the Stewards, the horse has not been:

(A)   verified by the appropriate breed registry; and

(B)   tattooed on the inside of the upper lip, or digital tattoo; or

(C)   microchipped with a unique microchip (ISO 11784); or

(D)   freeze brand; or

(E)   identified by any other method approved by the appropriate breed registry and the Commission.

(11)   The entry of a horse is not in the name of its true Owner.

(12)   The horse has drawn into the field or has started in a race on the same day.

(13)   The age of the horse as determined by an examination of its teeth by the Official Veterinarian does not correspond to the age shown on its Registration Certificate, such determination by tooth examination to be made in accordance with the current OFFICIAL GUIDE FOR DETERMINING THE AGE OF THE HORSE as adopted by the American Association of Equine Practitioners.

(14)   The Certificate of Registration of a horse reflects an unknown sire or dam.

(15)   An Ownership transfer for a claimed horse is being processed by the Racing Secretary to a breed registry, and an acceptable photocopy of the Foal Certificate is not on file with the Racing Secretary.

(16)   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.

(17)   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.

(18)   The horse is a cloned horse.

(19)   The horse has an open hole in its trachea, by means of a tracheotomy or otherwise.

(b)   Additionally, a horse is ineligible to start in a race if:

(1)   The horse is owned in whole or in part or is trained by any person who is suspended or ineligible for a license or ineligible to participate under the rules of any Stud Book Registry; and

(2)   The Commission determines that:

(A)   The Stud Book Registry has adopted uniform criteria and procedures for use in excluding horses from participating in a race for the horse's breed and for suspending or finding an Owner or Trainer ineligible;

(B)   The Stud Book Registry has adopted procedures that afford the affected Owner(s) or Trainer(s) with Notice and a meaningful opportunity to respond, that comports with due process, prior to suspending or finding the Owner or Trainer ineligible or excluding a horse; and

(C)   The Stud Registry has provided the Commission's Director of Law Enforcement Division with (1) the Registry's Order of Suspension or Ineligibility for an act or omission that violates the Oklahoma Horse Racing Act and/or Commission Rules and (2) the Due Process Notice provided to the Owner or Trainer in the proceeding leading to the Order of Suspension or Ineligibility.

[Source: Amended at 14 Ok Reg 2933, eff 7-11-97; Amended at 24 Ok Reg 969, eff 5-11-07; Amended at 28 Ok Reg 656, eff 5-12-11; Amended at 33 Ok Reg 452, eff 2-15-16 (emergency); Amended at 33 Ok Reg 1543, eff 9-11-16; Amended at 33 Ok Reg 1544, eff 9-11-16; Amended at 36 Ok Reg 1454, eff 9-14-19]

Note

EDITOR’S NOTE: The agency promulgated two permanent amended versions of this Section (325:25-1-10) with the same effective date (9-11-16). Both versions were published in the 2016 Edition of the OAC, and again in the 2017 and 2018 Supplements. In 2019, the agency reconciled the two versions through permanent rulemaking, effective 9-14-19.