SECTION 325:25-1-2. Definitions  


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  •   In addition to the definitions provided in Section 200.1 of Title 3A, of the Oklahoma Statutes, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
    "Act" means the Oklahoma Horse Racing Act [3A:200 et seq.].
    "Accredited Oklahoma-Bred horse" means a horse that is eligible pursuant to the Act and Commission rules and whose registration in the Oklahoma-Bred Program has been completed by the official Registering Agency.
    "Added money" means the amount exclusive of trophy added into a stakes by the Organization Licensee, or by sponsors, state-bred programs, or other funds added to those monies gathered by nomination, entry, sustaining and other fees coming from the horsemen.
    "Age" means that the age of a horse is reckoned as beginning on the first day of January in the year in which the horse is foaled.
    "Also eligible" means:
    (A)   A number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched from a race prior to scratch time.
    (B)   In a trial race, the next preferred contestant that is eligible to participate when an entry is scratched, pursuant to the written conditions of the race.
    "Assistant Trainer" means a person qualified and licensed by the Commission as an Assistant Trainer.
    "Authorized Agent" means a person licensed by the Commission and appointed by a written notarized affidavit by the Owner, Trainer, Parent or Guardian of a minor on whose behalf the Agent will act and limited to the actions as specified on the affidavit. The affidavit shall be on file with the Commission.
    "Closing" means the time published by the Organization Licensee after which nominations or entries will not be accepted for a race.
    "Commissioner" means a member of the Oklahoma Horse Racing Commission.
    "Conditions of a race" means the qualifications which determine the eligibility of a horse to be entered in a race.
    "Coupled entry" means two or more contestants in a race that are treated as a single betting interest for pari-mutuel wagering purposes (also see "Entry").
    "Day" means a 24-hour period ending at midnight.
    "Declaration" means the act of withdrawing an entered horse from a race before the closing of entries.
    "Draw" means the process of publicly assigning post positions and selecting contestants in a manner to ensure compliance with the conditions of the rules of racing.
    "Entry" means:
    (A)   A horse eligible for and entered in a race.
    (B)   Two (2) or more horses entered in the same race which have common ties of Ownership, lease, or training (also see "Coupled Entry").
    "Field" means all horses competing in a race.
    "Horse" means:
    (A)   Any equine including and designated as mare, filly, stallion, colt, ridgeling, or gelding registered for racing;
    (B)   An intact equine male five (5) years of age and older.
    "Lessee" means a licensed Owner whose interest in a horse is by virtue of a completed Commission-approved lease form attached to the Registration Certificate and on file with the Commission.
    "Lessor" means the Owner of a horse that is leased.
    "Maiden" means a horse which has never won an official or recognized race as defined in breed registry rules. A maiden which has been disqualified after finishing first is still a maiden.
    "Mutuel field" means two or more contestants treated as a single betting interest for pari-mutuel wagering purposes because the number of betting interests exceeds the number that can be handled individually by the pari-mutuel system.
    "Nomination" means the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.
    "Nominator" means the person who nominates a horse as a possible contender in a race.
    "Occupation license" means a state requirement for any person acting in any capacity pursuant to provisions of the Act.
    "Occupation licensee" means any person who has obtained an occupation license.
    "Organization license" means a state requirement for any person desiring to conduct a race meeting in Oklahoma within the minimum standards as required by the Act and the rules of the Commission.
    "Owner" means any person who holds in whole or in part, any right, title or interest in a horse or an Organization Licensee or any person who is a Lessee of a horse and has been duly issued a currently-valid Owner license as a person responsible for such horse.
    "Post position" means the position in the starting gate assigned to the horse for the start of the race.
    "Post time" means the scheduled time set for the arrival of the horses at the starting gate for the race.
    "Pre-race inspections" means part of the routine for the safety and welfare of the horse on race day. These inspections are performed by a Commission veterinarian or designated veterinarian to provide an evaluation of the horse's racing fitness to compete prior to the race.
    "Program" means the published listing of all contests and contestants for a specific performance.
    "Race" means a contest between horses.
    "Race day" means a day during a race meeting when pari-mutuel wagering occurs on live races conducted at that racetrack.
    "Races" mean:
    (A)   Allowance. An overnight race for which eligibility and weight to be carried is determined according to specified conditions which include age, sex, earnings, number of wins, and distance of race.
    (B)   Claiming. A race in which any horse starting may be claimed and purchased for a designated amount in conformance with the rules in this Title.
    (C)   Exhibition. A race on which no wagering is permitted.
    (D)   Handicap. A race in which the weights to be carried by the horses are assigned by the Racing Secretary.
    (E)   Invitational. A race in which the competing horses are selected by inviting their Owners to enter specific horses.
    (F)   Maiden. A race restricted to non-winners.
    (G)   Match. A race contested between two or more horses under conditions agreed to by their Owners.
    (H)   Nomination. A race in which the subscription to a payment schedule nominates and sustains the eligibility of a particular horse. Nominations must close at least seventy-two (72) hours before the first post time of the day the race is originally scheduled to be run.
    (I)   Oklahoma-Bred. A race for which entry may be restricted to accredited Oklahoma-Bred registered horses.
    (J)   Overnight (Purse). A race for which entries close at a time set by the Racing Secretary.
    (K)   Progeny. A race restricted to the offspring of a specific stallion or stallions.
    (L)   Schooling. A preparatory race for entry qualification in official races which conforms to requirements adopted by the Commission.
    (M)   Stakes. A race in which nomination, entry, or starting fees contribute to the purse.
    (N)   Trial. A race or a series of races in which horses participate for the purpose of determining eligibility for a subsequent contest.
    (O)   Walkover. A race in which only one horse starts or in which all the starters are owned by the same interest. To claim the purse, a horse must start and go the distance of the race.
    "Restricted area" means any area within the enclosure where access is limited to licensees whose occupation requires access. Those areas which are restricted shall include but not be limited to the barn area, paddock, test barn, Stewards' tower, racecourse, mutuel line and money rooms, or any other area designated restricted by the Organization Licensee or the Commission, or both. Signs giving notice of restricted access shall be prominently displayed at all entry points.
    "Rules" means the rules adopted by the Commission to implement the provisions of the Act.
    "Scratch" means the act of withdrawing an entered horse from a race after the closing of entries.
    "Scratch time" means the deadline for withdrawal of entries from a scheduled race.
    "Starter" means a horse whose stall door of the starting gate opens in front of such horse at the time the Starter (the Official) dispatches the horses.
    "Safety Steward" means a duly appointed Racing Official with powers and duties specified by statutes or rules.
    "Steward" means a duly appointed Racing Official with powers and duties specified by statutes or rules.
    "Subscription" means the act of nominating a horse to a nomination race.
    "Trainer" means a person qualified and licensed by the Commission as a Trainer.
    "Week" means a calendar week.
    "Weight for age" means a race in which a fixed scale is used to assign the weight to be carried by individual horses according to age, sex, distance of the race, and season of the year.
    "Year" means a calendar year.
[Source: Amended at 16 Ok Reg 2872, eff 7-12-99; Amended at 30 Ok Reg 502, eff 5-15-13; Amended at 33 Ok Reg 1541, eff 9-11-16; Amended at 36 Ok Reg 1454, eff 9-14-19; Amended at 37 Ok Reg 1679, eff 9-14-20]