SECTION 325:70-1-2. 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.].
    "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 in whose behalf the Agent will actand limited to the actions as specified on the affidavit. Said affidavit must be on file with the Commission.
    "Business Day" means any day Monday through Friday exclusive of official holidays.
    "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.
    "Day" means a 24-hour period ending at midnight.
    "Entry" means:
    (A)   A horse made eligible to run in a race.
    (B)   Two (2) or more horses entered in the same race which have common ties of Ownership, lease, or training.
    "Foul" means an action by any horse or Jockey that hinders or interferes with another horse or Jockey during the running of a race.
    "Horse" means:
    (A)   Any equine including and designated as mare, filly, stallion, colt, ridgeling, or gelding registered for racing;
    (B)   An entire equine male five years of age and older.
    "Inquiry" means:
    (A)   An investigation by the Stewards of potential interference in a contest prior to declaring the result of said contest official; or
    (B)   The Stewards or Commission investigation of a matter alleged to be related to the provisions of the Act or the rules of the Commission.
    "Jockey" means a rider licensed to race.
    "Jockey Agent" means a licensed, authorized representative of a Jockey.
    "Month" means a calendar month.
    "Objection" means:
    (A)   A written complaint made to the Stewards concerning a horse entered in a race and filed not later than two hours prior to the scheduled post time for the first race on the day which the questioned horse is entered.
    (B)   A verbal claim of foul in a race lodged by the horse's Jockey, Trainer, Owner, or the Owner's licensed Authorized Agent before the race is declared official.
    "Occupation license" means a state requirement for any person acting in any capacity pursuant to the provisions of the Act.
    "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 time" means the advertised time set for the arrival of the horses at the starting gate for the race.
    "Prima Facie evidence" means evidence that, until its effect is overcome by another evidence, will suffice as proof of fact in issue.
    "Protest" means a written complaint, signed by the protester, made to the Stewards within forty-eight (48) hours after the running of the race, alleging that a horse was ineligible to race, except as provided in 325:70-1-10 of these rules.
    "Race day" means a day during a race meeting when pari-mutuel wagering occurs on live races conducted at that racetrack.
    "Race" means a contest between two horses.
    "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 overnight entries.
    "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.
    "Substantial evidence" means evidence which a reasoning mind would accept as sufficient to support a particular conclusion and consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance.
    "Trainer" means a person qualified and licensed by the Commission as a Trainer.
    "Week" means a period of seven (7) days.
    "Year" means a calendar year.
[Source: Amended at 16 Ok Reg 2895, eff 7-12-99; Amended at 23 Ok Reg 979, eff 5-11-06; Amended at 30 Ok Reg 531, eff 5-15-13; Amended at 36 Ok Reg 1471, eff 9-14-19]