Code of Colorado Regulations 1 Section 3

DEPARTMENT OF REVENUE

Colorado Racing Commission

HARNESS RACING

1 CCR 208-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

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1 CCR 208-2 Harness Racing

RE: RULES OF RACING

Relates to Chapter 129 Article 2. Colorado Revised Statutes 1963 as amended.

RULE 1. — MANDATE

By virtue of the authority vested in it by the laws of the State of Colorado, the Colorado Racing Commission has adopted the following Rules, Regulations and Conditions for Harness Racing and Harness Race Meetings hereinafter held in the State of Colorado, and does hereby publish and declare the following Rules, Regulations and Conditions for Harness Racing and Harness Race Meetings in the State of Colorado.

RULE 2. — REGISTRATION

All matters relating to registration of standard bred horses shall be governed by the rules of the United States Trotting Association.

RULE 3. — VIOLATIONS

Section 1. Any licensee, judge, owner, trainer, driver, groom, veterinarian, official and mutuel employee violating any of the Rules or Regulations shall be liable upon a finding of such violation to a fine not exceeding One Thousand Dollars ($1,000.00), or revocation of license, suspension or both, unless otherwise limited in the rules.

The conviction of any Corporate Licensee of a violation of any of the rules or regulations may also subject the Officers of the said corporation to a penalty not exceeding that which is hereinabove provided.

Section 2. Any attempt to violate any of the Rules and Regulations falling short of actual accomplishment shall be punishable as hereinabove provided.

RULE 4. — DEFINITIONS.

Section 1. Added Money Early Closing Event. — An event closing in the same year in which it is to be contested in which all entrance and declaration fees received are added to the purse.

Section 2. Age, How Reckoned. — The age of a horse shall be reckoned from the first day of January of the year of foaling, except that for foals born in November and December of any year in which case the age shall be reckoned from January 1 of the succeeding year effective November 1, 1970, and thereafter.

Code of Colorado Regulations 1 Section 3. Appeal and Review. — A request for the commission to investigate, consider, and review any decisions or rulings of Judges or officials of a meeting.

Section 4. Association. — Any person or persons, associations, or corporations licensed by the Commission to conduct harness horse racing within the State.

Section 5. Authorized Agent. — Is a person appointed by a written instrument signed by the owner/owners and filed in accordance with the rules, and licensed by the Colorado Racing Commission.

Section 6. Breeder. — Of a horse is the owner of its dam at the time of foaling.

Section 7. Breeding Place. — Is the place of the horses conception.

Section 8. Claiming Race. — One in which any horse starting therein may be claimed for a designated amount in conformance with the rules.

Section 9. Classified Race. — A race regardless of the eligibility of horses, entries being selected on the basis of ability of performance.

Section 10 Commission. — The Colorado State Racing Commission.

Section 11. Condition Race. — An overnight event to which eligibility is determined according to specified qualifications. Such qualifications may be based upon among other things:

(a) Horses money winnings in a specified number of previous races or during a specified previous time.

(b) A horse's finishing position in a specified number of previous races or during a specified number of previous races or during a specified period of time.

(d) Sex.

(e) Number of starts during a specified period of time.

(f) Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada.

(g) Or any one or more combinations of the qualifications herein listed.

(h) Use of records or time bars as a condition is prohibited.

Section 12. Dash. — A race decided in a single trial. Dashes may be given in a series of two, or three governed by one entry fee for the series, in which event a horse must start in all dashes. Positions may be drawn for each dash. The number of premiums awarded shall not exceed the number of starters in the dash.

Section 13. Declaration. — A declaration is the naming of a particular horse to a particular race as a starter.

Section 14. Declarations. — Declarations shall be taken not more than three days in advance (omitting Sunday) for all races except those for which qualifying dashes are provided.

Code of Colorado Regulations 2 Section 15. Disqualification. — It shall be construed to mean that the person disqualified is debarred from acting as an official or from starting or driving a horse in a race, or in the case of a disqualified horse, it shall not be allowed to start.

Section 16. Early Closing Race. — A race for a definite amount to which entries close at least six weeks preceding the race. The entrance fee may be on the installment plan or otherwise, and all payments are forfeits.

Section 17. Elimination Heats. — Heats of a race split according to Rule 13, Sections 2 and 3 to qualify the contestant for a final heat.

Section 18. Entry. — Two or more horses starting in a race when owned or trained by the same person, or trained in the same stable or by the same management.

Section 19. Expulsion. — Whenever the penalty of expulsion is prescribed in these rules, it shall be construed to mean unconditional exclusion and disqualification from any participation, either directly or indirectly, in the privileges and uses of the course and grounds of a track licensee.

Section 20. Extended Pari-Mutuel Meetings. — An extended pari-mutuel meeting is a meeting or meetings, at which no agricultural fair is in progress, with an annual total of more than six days duration with pari-mutuel wagering.

Section 21. Fair Start Pole. — A pole erected at the point approximately ten feet nearer the starting point than the pole 1/16th of a mile before the start. The Fair Start Pole shall be yellow in color and shall protrude at least two feet above the inner rail.

Section 22. Futurity. — A stake in which the dam of the competing animal or the animal itself is nominated either when in foal or during the year of foaling.

Section 23. Green Horse. — One that has never trotted or paced in a race or against time, either double or single.

Section 24. Guaranteed Stake. — Same as a stake, with a guarantee by the party opening it that the sum shall not be less than the amount named.

Section 25. Handicap. — A race in which performance, sex or distance allowance is made. Post positions for a handicap may be assigned by the Racing Secretary. Post positions in a handicap claiming race may be determined by claiming price.

Section 26. Heat. — A single trial in a race two in three, or three heat plan.

Section 27. In Harness. — When a race is made to go “in harness” it shall be construed to mean that the performance shall be to a sulky.

Section 28. Interference. — Whenever used, this term shall mean any act, which, by design or otherwise, hampers or obstructs any competing horse or horses.

Section 29. Invitation Race. — A race to which only those horses named by the Racing Secretary and listed by him with the Presiding Judge, shall be eligible.

Section 30. Judges (Stewards). — Shall mean the Judges or Stewards of the meeting or their duly appointed deputies, one of which shall be the Presiding Judge.

Section 31. Late Closing Race. — A race for a fixed amount to which entries close less than six weeks and more than three days before the race is to be contested.

Code of Colorado Regulations 3 Section 32. Lessee. — A person who holds a contract for the racing of a horse in his name. A notice of the said contract stating the name of the lessor and the name of the lessee and the duration and the conditions of the contract shall be filed with the Racing Secretary and the Commission. For purpose of claiming, a lessee must be the sole lessee.

Section 33. Length of Race and Number of Heats. — Races or dashes shall be given at a stated distance in units not shorter than a sixteenth of a mile. The length of a race and the number of heats shall be stated in the conditions. If no distance or number of heats are specified, all races shall be a single mile dash except at fairs and meetings of a duration of 6 days or less, where the race will be conducted in two dashes at one mile distance.

Section 34. Licensee. — Any Association receiving a license from the Commission to conduct harness racing with parimutuel wagering or any person licensed by the Commission as a participant in harness racing.

Section 35. Maiden. — A stallion, mare, or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered other than a qualifying race. Races or purse money awarded to a horse after the “official sign” has been posted shall not be considered winning performance or affect status as a Maiden.

Section 36. Match Race. — A race which has been arranged and the conditions thereof agreed upon between the contestants.

Section 37. Matinee Race. — A race with no entrance fee and where the premiums, if any, are other than money.

Section 38. Nomination. — The naming of a horse, or in the event of a futurity, the naming of foal in utero to a certain race or series of races, eligibility of which is conditioned on the payment of a fee at the time of naming and the payment of subsequent sustaining fees and/or starting fees.

Section 39. Off-Time. — The moment at which, on signal of the starter, the horses officially start to race, which time barring accidents, shall not be more than two minutes after official post time.

Section 40. Overnight Event. — A race for which entries close not more than three days (omitting Sundays) or less before such race is to be contested. In the absence of conditions or notice to the contrary, all entries in overnight events must close not later than 12 noon the day preceding the race.

Section 41. Owner. — Includes sole owner, part owner, and lessee of a horse or horses. For the purpose of claiming a horse owned by more than one owner shall be considered as a partnership and shall be treated as such. For the purpose of claiming a lessee must be the sole lessee.

Section 42. Sunday Post Time. — On any Sunday the windows for betting may be opened at 1:00 p.m. No wagering or actual running of a race shall be permitted after 6:30 p.m. (See Rules Governing Mutuel Departments)

Section 43. Protest. — An objection, properly sworn to, charging a horse is ineligible to a race, alleging improper entry or declaration, or citing any act of an owner, driver, trainer, or caretaker, or official prohibited by the rules, and which, if true, should exclude the horse or driver from the race.

Section 44. Race Day. — Means any period of twenty-four (24) hours beginning at midnight and included in the period of a race meeting — and in the matter of penalties the word “day” means a “race day.”

Code of Colorado Regulations 4 Section 45. Recognized Meeting. — Means any meeting, wherever held, which is under the jurisdiction of the Colorado Racing Commission. The Commission shall recognize all meetings conducted under the jurisdiction of the USTA or members of the National Association of State Racing Commissioners, or associate members or State or other recognized authority.

Section 46. Record. — The fastest time made by a horse in a heat or dash, which he won. A standard record is a record of 2:20 or faster for two-year-olds and 2:15 or faster for all other ages.

Section 47. Stake. — A race which will be contested in a year subsequent to its closing in which the money given by the track conducting the same is added to the money contributed by the nominators, all of which except deductions for the cost of promotion, breeders or nominators awards belong to the winner or winners. In any event, all of the money contributed by the nominators must be paid to the winner or winners.

Section 48. Starter. — A horse is a starter for a race when the starter dispatches the horses with a signal to the drivers that the race has commenced.

Section 49. Stewards (see Judges).

Section 50. Two in Three. — In a two in three race a horse must win two heats to be entitled to first money.

Section 51. Two-Year-Olds. — No two-year-old shall be permitted to start in a dash or heat exceeding one mile in distance and no two-year-old shall be permitted to race in more than two heats or dashes in any single day.

Section 52. Walk Over. — When only horses in the same interest start, it constitutes a walk over. In a “Stake race” a “walk over” is entitled to all the stake money and forfeits unless otherwise provided in the published conditions. To claim the purse the entry must start and go once over the course.

Section 53. Winner. — The horse whose nose reaches the wire first. If there is a dead heat for first, both horses shall be considered winners. When two horses are tied in the summary, the winner of the longer dash or heat shall be entitled to the trophy. Where the dashes or heats are of the same distance and the horses are tied in the summary, the winner of the fastest dash or heat shall be entitled to the trophy.

Section 54. Wire. — The wire is a real or imaginary line from the center of the judge's stand to a point immediately across, and at right angles to, the track.

RULE 5. — TRACKS.

Section 1. A Colorado Corporation, Partnership, or person may apply for a license to conduct pari-mutuel racing in accordance with Section 129-2-6 CRS, 1963, as amended.

Section 2. Renewal applications must be on file with the Racing Commission sixty (60) days prior to the opening of a race meeting.

Section 3. Applications for Racing Dates must be in the office of the Racing Commission on or before such date as may be set by the Commission.

Section 4. Conditions of License. Imposed on each licensee of the Colorado Racing Commission is the duty of enforcing the rules and regulations imposed by the Commission, the said rules and regulations being a condition under which the licenses are granted, the Commission reserving the right to arnend, or strike down any rule, regulation or condition herein imposed, or to supplement said rules and regulations.

Code of Colorado Regulations 5 Section 5. Associations shall submit to the Commission the names of all racing officials and all designated key personnel not less than sixty (60) days prior to the first day of racing.

Section 6. No person under sixteen (16) years of age shall be employed or licensed in or about the track of an association; except, a licensed parent or guardian may be permitted to employ his or her child around the stable area if said child is fourteen (14) years of age or older. Said child must have a valid work permit issued by the proper authority, which must accompany the license application. To drive on the track the minimum age is: To jog on the track 14 years of age; to drive in amateur or matinee races 14 years of age; to drive in qualifying races 16 years of age; to drive in pari-mutuel races 18 years of age.

For all other employment around the track a person must be 16 years of age.

Section 7. The Colorado Racing Commission or the judges representing the Colorado Racing Commission shall, have the right to permit persons to enter all parts of the track enclosure at which a race meeting is held; to inspect and examine the personal effects and property of all persons licensed by the Colorado Racing Commission.

Section 8. Members of the Commission and their representatives shall have the right to full and complete entry to any and all areas of the grounds of the association.

Section 9. Each association shall provide an office for the use of the Commission.

Section 10. Each association conducting a racing meeting shall keep a separate bank account to be known as the “Horseman's Account” with at all times, sufficient funds in such account to cover all monies due horsemen in regard to purses, stakes, rewards, claims, and deposits. Withdrawals from this account shall at all times be subject to audit by the Commission. The person in charge of such an account must be bonded.

Section 11. Each association conducting racing shall before publishing, submit to the Commission the conditions for all races it proposes to hold, together with the stake, purse or reward, all of which shall be subject to the approval of the Commission.

Section 12. Each association shall make a daily attendance report to the Colorado Racing Commission.

Section 13. An association operating pari-mutuel betting, shall maintain a satisfactory totalizator, except the Commission may, at smaller county fair type tracks, approve hand selling of mutuel tickets.

Section 14. All portions of purse money shall be made available to the winners thereof forty-eight (48) hours following their winning. However, no purses shall be released until the Colorado Racing Commission or a representative thereof has approved its release, and this release will not be given until the results of the saliva and urine samples or other samples have been reported.

Section 15. No percentage of winnings shall be deducted by any association for itself or for another person, club or body, unless at the request of the person to whom such winnings are payable, and except that an association may withhold from winnings any money due it.

Section 16. Each association shall install at the finish line at their race track, and shall adequately maintain, a photo finish camera.

Section 17. Each association shall provide and equip a first aid room within its enclosure, and have present on their premises or within easy call, a licensed physician or registered, trained nurse. There shall also be a human ambulance present during qualifying races and during the regular racing program.

Code of Colorado Regulations 6 Section 18. There shall be a horse ambulance at all courses under the jurisdiction of the Colorado Racing Commission for the removal of crippled animals from the track.

Section 19. Upon request of the Board of Stewards, the racing association shall provide an experienced stenographic secretary, who shall be under the direct supervision of the Stewards.

Section 20. All racing associations shall furnish suitable space and accommodations so as to enable the proper authorities to fingerprint and/or photograph all of the licensees and its own employees.

Section 21. The racetrack association is additionally charged with the responsibility of cooperating with local authorities and the Colorado Racing Commission Security personnel in assuring the good behavior and proper demeanor of all persons in any way connected with the racetrack and race meet.

Section 22. The Commission shall have the power to exclude from any and all licensed race courses any person whom the Commission shall deem detrimental to the best interest of racing, any person who is known or reputed to be a bookmaker or a loiterer within the meaning of the Statutes of the State of Colorado, or a fugitive from justice, or whose conduct at a race course in Colorado or elsewhere is or has been unlawful, or who has been convicted at any time of a crime involving moral turpitude. No such person shall enter or remain upon premises owned by any licensee conducting a race meeting under the jurisdiction of the Commission, and all such persons, upon discovery or recognition, shall be forthwith excluded or ejected from such premises. Any person so ejected or excluded from the premises of any licensee shall be denied admission to its premises and the premises of all other licensees of the Commission until permission for entering has thereafter been obtained from the Commission. The Commission may also exclude any person from such race meets who shall willfully violate any of the provisions of this article, or of any rule or regulation issued by the Commission.

Section 23. It shall be the duty of each association, through its employees, to notify the Commission of all ejections, disorderly conduct or arrests, giving names, addresses and offenses.

Section 24. The association shall police all parts of the racing enclosure and no professional touts shall be allowed in any part of the wagering area and no person licensed by the Commission shall loiter in the wagering area with the intention of engaging in tipping for any remuneration or for nothing.

Section 25. Each association shall maintain and furnish complete police and watchman service night and day in and about all stable enclosures, grandstand and parking lot areas.

Section 26. The association shall keep and operate its parking lot in a clean and dignified manner. No solicitation of tips or touting will be tolerated.

Section 27. The association shall supervise the practice and methods of so-called merchandise peddlers who may have entry to the track enclosure to solicit, among the persons engaged at the track; and such supervision shall be extended to any other track where horses are lodged who may be eligible to race at said meeting; provided, however, that the association shall not by virtue of this rule or otherwise restrict the open purchasing or attempt to control or monopolize said business of proper selling of merchandise to owners, trainers or stable employees.

Section 28. Any person making a handbook or betting with a handbook shall be ejected from the grounds and denied any further admission, and if any person solicits bets to be made on horses, such persons shall be ruled off.

Section 29. Associations may allow telephone or telegraph wires on their respective grounds during their race meeting for the benefit of the public press, or transacting ordinary business, but no

Code of Colorado Regulations 7 information regarding the results of any race shall be transmitted out of a race track until the results are official, nor shall any message be sent over said wires transmitting money, or other things of value or directing the placing of any wager on the result of a race; nor shall any message be sent in cipher or code, not unless the same is in plain and intelligible English, under penalty of forfeiture of license.

Section 30. Broadcasting or televising of races and results thereof shall not be made from any race track, except with the specific permission of the Colorado Racing Commission, and at no time shall the exact odds be announced, nor shall the pay off of winners be given until the result has been declared official.

Section 31. Public dances, public exhibitions of vaudeville, stage, screen, radio, television and nightclub performers, drawings or lotteries of any character, or any other similar form of entertainment shall be prohibited except with special approval of the Colorado Racing Commission.

Section 32. No gaming device, other than that permitted by law, shall be allowed on the grounds. Cards, dice, and petty games of chance are prohibited.

Section 33. No solicitation or sale of tickets or collections for any organization, charitable or otherwise, shall be permitted within the racetrack.

Section 34. Only two tip sheets will be permitted at a track, each to be independently handicapped; each handicapper must sign and deliver such sheet at least one hour before post time to the Commission office at the track.

All sellers of tip sheets must sell from a booth. The previous day's sheets and its outcome must be displayed on the front of each booth.

All persons having obtained a tip sheet concession with the track to handle these sheets must be approved in writing and licensed by the Colorado Racing Commission.

Section 35. The association shall not solicit or encourage wagering, but may from time to time announce the time the windows will close and the advisability of purchasing tickets early to avoid being shut out.

Section 36. The association shall exercise strict supervision over the stable area “kitchen,” and any place in the stable area where food or drink is dispensed and all charges made therefore.

Section 37. The racing association, through its proper officials, in making selection or giving invitation to racing stables, shall use every endeavor to keep out all disreputable characters and “dead-beats.” The Commission does not charge the association with guaranteeing the bills of horsemen, but each association shall, through its General Manager or his assistants, and the Board of Judges, use every reasonable effort to compel all horsemen to pay their proper bills incurred in the State of Colorado.

Section 38. All stables and barns must be properly numbered.

Section 39. Proper records must be maintained of the arrival and departure of all horses from the stable area.

Section 40. The race track associations shall make every reasonable effort to furnish stable room to resident Colorado owners.

Section 41. Any horse racing at a licensed meeting must be stabled within the confines of that track; provided, however, in case of necessity, such horse may be stabled within the confines of an

Code of Colorado Regulations 8 adjacent licensed Colorado race track or in another location approved by the Colorado Racing Commission. All such horses stabled off the grounds are subject to the same rules and regulations as if they were stabled on the grounds of the track. The association holding the race meeting shall provide for temporary stabling for horses, eligible to race, which are brought to the races from approved outside stable space. Approved stabling off of the grounds shall be under the jurisdiction and rules of the Colorado Racing Commission.

Section 42. All such stable enclosures must be properly fenced and admission granted only on proper license or credentials actually shown to the gateman.

Section 43. Absolutely no one, except officials of the track, and member of the Commission shall be permitted to enter in or about the grounds, stables or stable enclosure, who does not have in his possession a license issued by the Colorado Racing Commission as owner, trainer, driver, agent, assistant trainer, groom, plater, or veterinarian or any other person the Colorado Racing Commission deems advisable to license.

Section 44. All officials employed by a licensed Racing Association or by the Colorado Racing Commission must give seven (7) days notice to the Colorado Racing Commission if they plan to terminate their services prior to the termination date of their contract, in order that a suitable replacement can be supplied. The Commission may refuse such termination of services if no suitable replacement is available, or if it be detrimental to the best interest of horse racing.

Section 45. All horse tracks licensed by the Colorado Racing Commission must employ, at the track's expense, a qualified track veterinarian when that position has not been filled by the Racing Commission.

Section 46. The Racing Associations licensed by the Colorado Racing Commission must provide adequate communication systems between the Starter and the Board of Judges and such other communication systems as deemed advisable by the Commission.

Section 47. All persons viewing the race for pleasure or for wagering purposes shall be the reporting attendance.

Section 48. The association shall take all due precautions to prevent fires, especially in the stable area.

Section 49. Each racing association shall be inspected annually, prior to being licensed, by the local fire department under the track's jurisdiction and abide by all rules and regulations set forth by that fire department.

Section 50. All earned interest on any money paid by the horsemen to an association for stakes races will be added to the purses of such races. The amount of such interest will be reported to the Commission at the end of the race meeting.

Section 51. All distance pole markers shall be painted as follows: 1/4 Poles Red and White 1/8 Poles Green and White 1/16 Poles Black and White

Section 52. During the course of its race meetings, each licensed harness racing association shall display the license issued by the Commission for the current year.

Section 53. Hippodroming Ban. — All races shall be bona fide contests with the winner receiving the largest share of the purse and the balance of the purse distribution made according to the order of finish. No hippodroming or other arrangement for equal distribution of the purse money among

Code of Colorado Regulations 9 the contestants is permitted. Violation of this rule will subject the track, officials in charge, and the owners and drivers to fine, suspension or expulsion.

Section 54. Default in Payment of Purses. — Any track that defaults in the payment of a premium that has been raced for, shall, after a hearing before the Commission, stand suspended, together with its officers. No deduction, voluntary or involuntary, may be made from any purse or stake or futurity except that if the conditions specifically so provide, reasonable deductions may be made for clerical printing, postage and surety bond expenses specifically related to such purse, stake or futurity.

Section 55. Time to File Claims for Unpaid Purses. — Unless claims for unpaid premiums shall be filed with this Commission within sixty days after the date the race is contested the Colorado Racing Commission may release any performance bond it may hold.

Section 56. If at a meeting of a licensed track, a race is contested which has been promoted by another party or parties, and the promoters thereof default in the payment of the amount raced for, the same liability shall attach to the licensed track as if the race had been offered by such licensed track.

Section 57. Minimum Advertised Purse or Schedule of Purses. —

When any track advertises minimum purses and conducts any race for less than said advertised minimum, such track shall be fined the difference between the advertised minimum and the lesser purse for which such race was conducted and the proceeds of such fine may be distributed among the money winning horses in proportion to their respective winnings.

Section 58. Removal of Horses from the Grounds. — No horse shall be ordered off the grounds without at least 72 hours notice to the person in charge of the horse. Notice of less than 72 hours need not be complied with. Failure to remove said horses shall subject the owner and/or the trainer to suspension, revocation and/or a fine.

Section 59. All conditions contained in stall applications shall be submitted to the Commission for approval prior to issuance or publication.

Section 60. Driver Awards. — Except as herein stated, no track shall advertise or pay an award other than to the Owners, Nominators or Breeders of money winning horses.

Awards may be made to drivers of horses breaking or equaling track or world records, or to leading drivers at meetings.

Section 61. Paddock Rules. — Every extended pari-mutuel track shall:

(a) Provide a paddock or receiving barn.

(b) The paddock or receiving barn must be completely enclosed with a man-tight fence and all openings through said fence shall be policed so as to exclude unauthorized personnel there from.

(c) Horses must be in the paddock at the time prescribed by the Presiding Judge, but in any event at least one hour prior to post time of the race in which the horse is to compete. Except for warm up trips, no horse shall leave the paddock until called to post.

(d) Persons entitled to admission to the paddock must be licensed by the Colorado Racing Commission and must be at least 14 years old and include: (See Rule 5 Sect. 6)

Code of Colorado Regulations 10 (1) Owners of horses competing on the date of the race.

(2) Trainers of horses competing on the date of the race.

(3) Drivers of horses competing on the date of the race.

(4) Grooms and caretakers of horses competing on the date of the race.

(5) Officials whose duties require their presence in the paddock or receiving barn.

(6) Members and officials of the Colorado Racing Commission whose duties require their presence in the paddock or receiving barn.

(e) No driver, trainer, groom or caretaker once admitted to the paddock or receiving barn shall leave the same other than to warm up said horse until such race or races for which he was admitted is contested.

(f) No person except an owner, who has another horse racing in a later race, or an official shall return to the paddock until all races of that program have been completed.

(g) All members of a registered stable shall be entitled to admission to the paddock on any one racing day.

(h) During racing hours each association shall provide the services of a blacksmith (and/or plater, farrier) licensed by the State of Colorado within the paddock.

(i) During racing hours each track shall provide suitable extra equipment as may be necessary for the conduct of racing without unnecessary delay.

(j) Each track shall see that the provisions of this Section are rigidly enforced and a fine not to exceed $500.00 for each violation of this rule may be imposed by the Commission after a hearing.

(k) Provide adequate rest room facilities.

Section 62. Photo Finish, Film Patrol, Head Numbers, Starting Gate. — At all tracks where pari-mutuel wagering is allowed, a photo finish, film patrol, head numbers, saddle pads and starting gate must be used. Whenever the Judges use a photo to determine the order of finish, it shall be posted for public inspection. Photo finish equipment shall not be acceptable unless a spinner or target is used therewith.

Section 63. Driver Insurance. — Each track shall prepare and prominently display, in the Race Secretary's office, a statement giving the name of the company with which they carry driver insurance.

Section 64. Supervision of Meeting. — Although track licensees have the obligation of general supervision of their meeting, interference with the proper performance of duties of any official is hereby prohibited.

Section 65. Every extended pari-mutuel track shall be equipped with a breath analyzer device and all Drivers Judges, Starters and other persons designated by Stewards shall be required to submit to a breath analyzer test at the discretion of the Commission or their representative. In the case of Drivers, if the result of such test shows a reading of more than .05 percent of alcohol in the blood, such driver shall not be permitted to drive and an investigation will be started to determine if there has been a violation of Rule 17, Section 6. In the case of Judges, Starters and Marshals, if the

Code of Colorado Regulations 11 result of a breath analyzer test results in a reading of more than .05 percent of alcohol in the blood, that individual shall be relieved of his duties for that program and a report shall be made to the Racing Commissions and the U.S.T.A. for appropriate action.

For other than extended pari-mutuel meetings, Drivers, Judges, Starters and any other person shall submit to a breath analyzer test when requested by the Presiding Judge or an authorized agent of the Commission. The results of the test will be governed by the provisions of the preceding paragraph.

RULE 6 — RACE OFFICIALS.

Section 1. At each harness horse race meeting licensed by the Colorado Racing Commission, the association conducting such meeting shall employ the following officials: Presiding Judge Timer or Timers Associate Judge Equipment Inspector Racing Secretary Clerk of Course Program Director Starter Paddock Judge Patrol Judges Announcer Paddock Police Officer Identifier

No one interested in the result of a race, either because of ownership of any horse entered or of his sire or dam, or because of bets or otherwise shall act as a racing official in respect to that race. No such racing official or his assistants shall wager money or any other chattel or value on the result of any race or meeting. No such racing official or his assistants shall accept directly or indirectly, any gratuity reward or favor in connection with racing at the meeting. No such racing official or his assistants shall write or solicit horse insurance for the meeting.

Section 2. All officials and employees of the track must be approved and licensed by the Commission. No official acting as Judge shall serve as Racing Secretary or Clerk of the Course. No licensed official shall be qualified to act as such at any pari-mutuel meeting where he is the owner or otherwise interested in the ownership of any horse participating at such meeting.

Section 3. One or all of the Judges, the Veterinarian, Veterinary Assistants and the Director of the Mutuel Department shall be appointed by the Colorado Racing Commission. All other officials shall be appointed by the Association; all such appointments being subject to the approval of the Commission.

Section 4. The Commission reserves the right to demand a change of the personnel of the officials or employees for any reason which the Commission deems good and sufficient, and any successor to any such official or employee so replaced or any other replacement shall be approved by the Commission.

Section 5. Suspension or Revocation of Official's License An official may be fined, suspended or removed at any time for incompetence, failure to follow or enforce the rules, or any conduct detrimental to the sport including drinking within four hours prior to the time he starts work as an official.

Section 6. Ban on Owning or Dealing in Horses. — No employee of any track whose duties include the classification of horses shall, directly or indirectly, be the owner of any horse racing at such meeting, nor shall he participate financially, directly or indirectly, in the purchase or sale of any horse racing at such meeting. Any person violating this rule shall be suspended.

Section 7. Judges' Stand Occupants. — None but the Judges, the Clerk of the Course, the Secretary, Starter and Timers, official announcer, runner that posts the photo finish, and officials of the

Code of Colorado Regulations 12 Commission or others approved by the Board of Judges shall be allowed in the Judges' stand from 15 minutes before the first race until 15 minutes after the last race unless authorized by the Commission. Any track violating this rule shall be fined not to exceed $300.00.

Section 8. Improper Acts by an Official. — If any person acting as Judge or an official shall be guilty of using insulting language to an owner, driver, or other person, or be guilty of other improper conduct, he shall be fined not exceeding $500.00, or be suspended or expelled.

Section 9. Board of Judges. — The Board of Judges shall:

(a) Have supervision to see that the rules of this Commission are followed over the following officials:

(1) Associate Judge

(2) Patrol Judges

(3) Starters

(4) Paddock Judge

(5) Finish Wire Judge

(6) Clerk of the Course

(7) Timers

(8) Charters

(9) Racing Secretary

(10) Official Announcer

(11) Program Director

(12) Any other licensed personnel directly responsible for conducting the racing program.

(b) Notify owners, trainers, drivers and grooms of penalties imposed.

(c) Notify the Commission, in writing, of any irregularities or conduct which might constitute a violation of any rules by an association, its officers, or other race officials, giving detailed information thereof. He shall be responsible for maintenance of the records of the meeting.

(d) Sign each sheet of the Judges' Book, verifying the correctness of the record.

(e) Have jurisdiction over all announcements over the public address system by track announcer pertaining to the conduct of a race, racing officials or to any matter under the jurisdiction of the Judges.

Failure of any Judges to see that the Colorado Rules of Harness Racing and rules of the Commission are complied with may be grounds for suspension and may be grounds for denial of a license for the subsequent year.

Code of Colorado Regulations 13 Section 11. Authority and Procedure of Judges. — The Judges shall have the authority while presiding to:

(a) Inflict fines and penalties, as prescribed by these rules.

(b) Determine all questions of fact relating to the race.

(c) Decide any differences between parties to the race, or any contingent matter which shall arise, such as are not otherwise provided for in these rules.

(d) Declare pools and bets “off” in case of fraud, no appeal to be allowed from their decision in that respect. All pools and bets follow the decision of the Judges. Such a decision in respect to pools and bets shall be made at the conclusion of the race upon the observation of the Judges and upon such facts as an immediate investigation shall develop. A reversal or change of decision after the official placing at the conclusion of the heat or dash shall not affect the distribution of betting pools made upon such official placing. When pools and bets are declared off for fraud, the guilty parties shall be fined, suspended or expelled.

(e) Control the horses, drivers, and assistants and punish by a fine or by suspension or expulsion, any such person who shall fail to obey their orders or the rules. In no case shall there be any compromise or change on the part of the Judges or members of punishment prescribed in the rules, but the same shall be strictly enforced.

(f) Examine under oath all parties connected with a race as to any wrong or complaint. Any person required to appear before the Judges for a hearing or examination who shall fail to appear after due notice in writing shall be penalized as provided in (e) above.

(g) Complaints of Foul. — Consider complaints of foul from the patrols, owners, trainers or drivers in the race and no other.

(h) Make such decision in the public interest required by extraordinary circumstances not covered by these rules.

(i) NOTICE OF HEARING — When possible the Judges or their authorized representative shall give actual notice of the time and place of the hearing either in writing or verbally. If in spite of bona fide efforts, actual notice cannot be given, notice of the time and place of the hearing shall be sent to the licensee in writing by first class mail to the last address furnished by the licensee to the Commission.

(j) SCHEDULING OF HEARING — Disciplinary hearings before the Board of Judges shall be scheduled and held promptly and in as expeditious a manner as possible in the circumstances. No minimum timetable for scheduling hearings is established.

Section 12. Judges Duties. — It shall be the duty of the Judges to:

(a) Horses Excluded. — Exclude from the race any horse that in their opinion is improperly equipped, dangerous, or unfit to race, which shall include sick, weak, and extremely lame horses. No horse shall race with a tube in its throat. A horse that is totally blind in both eyes shall not race. Horses that are bleeders may race under recognized medication for said bleeding condition provided that said condition and the type of medication is certified to the Commission Veterinarian by a licensed veterinarian prior to the race and said horse is approved for racing by the Commission Veterinarian. In the even the horse bleeds (see bleeder interpretation in Medication and Related Instructions Bulletin Number

Code of Colorado Regulations 14 2) while being raced under medication, said horse shall not again race with or without medication until it is cured and approved for racing by the Commission Veterinarian.

(b) Interference Investigation. — Investigate any apparent or possible interference, or other violation whether or not complaint has been made by the driver.

(c) Cruelty to Animals. — Investigate any act of cruelty seen by them or reported to them, by any member towards a racehorse during a meeting at which they officiate. If the Judges find that such an act has been committed, they shall suspend or fine the offending member not to exceed $200.00, and submit a written report within ten days of their findings to the Commission.

(d) Accident Investigation. — Immediately thereafter or on the day of the race conduct an investigation of any accidents to determine the cause thereof, and the Judges shall make all accidents a matter of record in the Judges' Book and completely fill out an accident report. At the time of the accident, the inquiry sign shall be posted and the race shall not be declared official until the Presiding Judge has conferred with the Patrol Judge.

(e) Observation of Races. — Observe closely performance of the drivers and horses to ascertain if there are any violations particularly, interference, helping or inconsistent racing, and exhaust all means possible to safeguard the contestants and the public.

(f) Conduct a hearing at a designated time and place before a penalty may be imposed upon any party. At least two Judges must be present at all Judges' hearings. The Judges may inflict the penalties prescribed by these rules.

In the event the Judges believe that a person has committed a rule violation and has left the grounds and they are unable to contact him, and hold a hearing thereon, they may make an investigation and send a detailed written report to the Commission and the U.S.T.A. No penalty in excess of a 14-day suspension shall be imposed before a hearing is granted.

It shall be the duty of the Judges to submit in writing, a complete list of all witnesses questioned by them at any hearing which list of witnesses, along with the testimony of such witnesses, shall be forwarded to the Commission along with the reports required.

The testimony of all witnesses questioned by the Judges shall be recorded by electronic recording equipment or court reporter's transcript.

No decision shall be made by the Judges in such cases until all of the witnesses called by the Judges and the person so required to appear before the Judges have given their testimony. Any person charged with a rule violation shall be given at least until 12:00 noon of the following day to prepare his defense if he so requests.

All penalty notices will carry the exact reason why the penalty has been imposed together with the wording of the rule violated.

All penalties imposed on any driver will be recorded on the reverse side of his U.S.T.A. driver's license by the Presiding Judge.

(g) It shall be the duty of the Judges to declare a dash or heat of a race no contest in the event the track is thrown in to darkness during the progress of a race by failure of electricity. It shall be the duty of the Judges to declare any race no contest if they are unable to properly determine the outcome of such race due to fog, rain, snow or any other weather conditions.

Code of Colorado Regulations 15 Section 13. Judges' Procedure. — It shall be the procedure of the Judges to:

(a) Time of Occupancy of Judges' Stand. — Be in the stand fifteen minutes before the first race and remain in the stand for ten minutes after the last race, and at all times when the horses are upon the track.

(b) Conduct in the Stand. — Observe the preliminary warming up of horses and scoring, noting behavior of horses, lameness, equipment, conduct of the drivers, changes in odds at pari-mutuel meetings, and any unusual incidents pertaining to horses or drivers participating in races.

(c) Notice to Drivers. Have the bell rung or give other notice at least ten minutes before the race or heat. Any driver failing to obey this summons may be punished by a fine not exceeding $100.00 and his horse may be ruled out by the Judges and considered drawn.

(d) Locking Pari-Mutuel Machines. — Designate one of their members to lock the Pari-Mutuel machines immediately upon the horses reaching the official starting point. The Presiding Judge shall call the horses at such time as to preclude excessive delay.

(e) Communication with Patrol Judge. — Be in communication with the Patrol Judges by use of patrol phones, from the time the Starter picks up the horses until the finish of the race. Any violation or near violation of the rules shall be reported by the Patrol Judge witnessing the incident and a written record is made. At least one Judge shall observe the drivers throughout the stretch specifically noting changing course, interference, and improper use of whips, breaks and failure to contest the race to the finish.

(f) Objection or Inquiry Posting. — Post the objection sign, or inquiry sign, on the odds board in the case of a complaint or possible rule violation, and immediately notify the announcer of the objection and the horse or horses involved. As soon as the Judges have made a decision, the objection sign shall be removed, the correct placing displayed, and the “Official” sign flashed. In all instances the Judges shall post the order of finish and the “Official” sign as soon as they have made their decision.

(g) Photo Sign. — Display the photo sign if the order of finish among the contending horses is less than half-length or a contending horse is on a break at the finish. After the photo has been examined and a decision made, a copy or copies shall be made, checked by the Judges, and posted for public inspection.

(h) Canceling a Race or Races. — In determining whether to cancel a race or races, the Judges shall have due regard for the lives and safety of the drivers and the horses. Where it is impossible for the Judges to observe the finish of a race from the Judges Stand and it is impossible to properly place the horses by the photo finish camera, the race or races may be cancelled.

Section 14. Incapacitated Official. If any licensed official is absent or incapacitated the track management, subject to Board of Judges approval, must appoint a substitute at such meeting. Notice of such temporary appointment shall be given immediately to the office of this Commission. If such official acts for more than three days, he shall apply for a commission license in that capacity. This power may only be used in cases of unavoidable emergencies.

Section 15. Starter Authority. — The starter shall be in the stand or starting gate fifteen (15) minutes before the first race. He shall have control over the horses from the formation of the parade until the word “go” is given, and shall report any violations of the rules along with recommendations for punishment to the Board of Judges. He may assist in placing the horses when requested by the

Code of Colorado Regulations 16 Judges to do so. (The starter may also act as a Patrol Judge, subject to approval by the Commission.)

Section 16. Clerk Duties — Clerk of the Course — The clerk of the course shall:

(a) At request of Judges assist in drawing positions.

(b) Keep the Judges' Book and record therein:

1. All horses entered and their eligibility certificate numbers.

2. Names of owners and drivers and drivers' license numbers.

3. The charted lines at pari-mutuel meetings. At all race meetings, the money won by the horse at that track.

4. Note drawn or ruled out horses.

5. Record time in minutes, seconds and fifths of seconds.

6. Check eligibility certificates before the race and after the race shall enter all information provided for thereon, including the horse's position in the race if it was charted.

7. Verifying the correctness of the Judge's Book including race time, placing and money winnings, reasons for disqualification, if any, and see that the book is properly signed.

8. Forward the Judges' Book, charts and marked programs to this Commission with the U.S.T.A. copy the day following each racing day.

9. Notify owners and drivers of penalties assessed by the officials.

(d) After the race, return the eligibility certificate to owner of the horse or his representative when requested.

Failure to comply with any part of this rule and make the above listed entries legible, clear and accurate, may subject either the Clerk or the Track, or both, to a fine of not to exceed $50.00 for each violation.

Section 17. Timers. — At each race there shall be three Timers in the Judges' or Timers' stand except when an electric timing device approved by the Commission is used, in which event there shall be one Timer. The chief timer shall sign the Judges' Book for each race verifying the correctness of the record. All time shall be announced and recorded in fifths of seconds. All tracks licensed by the commission shall use an approved electronic or electric timing device.

The Timers shall be in the stand fifteen minutes before the first heat or dash is to be contested. They shall start their watches when the first horse leaves the point from which the distance of the race is measured. The time of the leading horse at the quarter, half, three quarters, and the finish shall be taken. If odd distances are raced, the fractions shall be noted accordingly.

Section 18. Paddock Judge. — Under the direction and supervision of the Presiding Judge, the Paddock Judge will have complete charge of all paddock activities as outlined in Rule 5, Section 61. The

Code of Colorado Regulations 17 Paddock Judge shall be subject to the approval of this Commission. The Paddock Judge is responsible for:

(a) Getting the fields on the track for post parades in accordance with the schedule given to him by the Presiding Judge.

(b) Inspection of horses for changes in equipment, broken or faulty equipment, head numbers or saddle pads.

(d) Proper check in and check out of horses and drivers. Check the identification of all horses coming into the paddock including the tattoo number.

(e) Direction of the activities of the paddock farrier.

(f) The Paddock Judge will immediately notify the Presiding Judge of anything that could in any way change, delay or otherwise affect the racing program.

(g) The Paddock Judge will report to the Board of Judges any cruelty to any horse that he observes.

(h) The Paddock Judge will see that only properly authorized persons are permitted in the paddock and any violation of this rule may result in a fine, suspension, or expulsion.

(i) Notify the Presiding Judge of any change of racing equipment or shoes before the race.

(j) Inspect and supervise the maintenance of emergency equipment kept in the paddock.

(k) Notify Judges of all trainers and grooms who leave the paddock in an emergency.

(l) All equipment changes shall be cleared through the Paddock Judge who will call the Judges for the necessary permission.

Section 19. Program Director. — Each extended pari-mutuel track shall designate a Program Director. Such Program Director shall be subject to the approval of this Commission.

(a) It shall be the responsibility of the Program Director to furnish complete and accurate past performance information as required by Rule 7 Section 2.

(b) No person shall be permitted to act as a Program Director unless he is capable of furnishing accurate and complete past performance information to the general public.

Section 20. Duties of Patrol Judge. — The Patrol Judges shall observe all activity on the race track in their area at all times during the racing program. They shall immediately report to the Presiding Judge:

(a) Any action on the track which could improperly affect the result of a race.

(b) Every violation of the racing rules.

(d) The lameness or unfitness of any horse.

Code of Colorado Regulations 18 (e) Any lack of proper equipment.

The Patrol Judges shall furthermore:

(a) Be in constant communication with the Judges during the course of every race and shall immediately advise the Judges of every rule violation, improper act or unusual happening which occurs at their station.

(b) Submit individual daily reports of their observations of the racing to the Presiding Judge.

(c) When directed by the Presiding Judge shall attend hearings or inquiries on violations and testify thereat under oath.

Section 21. Licensed Charter. — The charting of races shall be done only by a charter holding a valid United States Trotting Association license and he shall be responsible for providing a complete and accurate chart. A license may be granted only to a person who has the knowledge, training and industry to accomplish this.

Section 22. Duties of the Race Secretary. — The Race Secretary of each association must be licensed and approved by the Commission and it shall be his duty:

(a) To receive and keep safe the eligibility certificates of all horses competing at the race track or stabled on grounds owned or cared for by any association and to return same to the owner of a horse or his representative upon their departure from the grounds.

(b) To be familiar with the age, class, and competitive ability of all horses racing at the track.

(d) To list horses in the categories for which they qualify and to cause such lists to be kept current and to be properly displayed in the room in which the declaration box is located for examination by horsemen and others.

(e) To provide for the listing of horses in the daily program; to examine all entry blanks and declarations to verify all information set forth therein; to select the horses to start and the Also Eligible horses from the declarations in accordance with the rules governing these functions.

(f) To examine nominations and declarations in Early Closing Events, Late Closing, and Stake Events, to verify the eligibility of all declarations and nominations and to compile lists thereof for publication.

(g) For the purpose of encouraging the breeding, within the State, of valuable racehorses, at least one race of each day's meet shall consist exclusively of Colorado bred horses, providing Colorado bred horses are available.

(h) Disallow any race other than stake races, which have less than five starters.

(i) Where insufficient horses are available to conduct a normal program the Racing Secretary is authorized to utilize the same horses in two separate races during the same program. Horses utilized in more than one race will first race a dash not to exceed 3/4 of a mile and come back and race a dash not to exceed 1 mile in length. Horses racing in two heats must be given a rest period between heats of at least two races.

Code of Colorado Regulations 19 Example: 1st and 4th race 3rd and 6th race 7th and 10th race

Writing conditions in this manner, which include two-year-olds, is discouraged.

(j) Drawings for establishing race programs will be conducted no later than 72 hours before horses being drawn are to race. In the event of dark days or nights the time will be 96 hours instead of 72.

(k) Schedule unqualified two-year-old baby races one hour before post-time for the first official pari-mutuel wagering race. Pari-mutuel wagering will not be permitted on these events and horses participating must demonstrate a capability of a qualifying standard not to exceed the official qualifying time for two-year-olds by more than four (4) seconds.

RULE 7. — IDENTIFICATION OF HORSES.

Section 1. Bona Fide Owner or Lessee. — Horses not under lease must race in the name of the bona fide owner. Horses under lease must race in the name of the lessee and a copy of the lease must be recorded with the Colorado Racing Commission and the Racing Secretary. Persons violating this rule may be fined, suspended or expelled.

Section 2. Program Information. — A printed program shall be available to the public at all meetings, in which a race is held for a purse. All programs shall furnish:

(a) Horse's name and sex.

(b) Color and age.

(d) Owner's name.

(e) Driver's name and colors.

At extended pari-mutuel meetings the following additional information shall be furnished:

(f) In claiming races the price for which the horse is entered to be claimed must be indicated.

(g) At least the last (6) performance and accurate chart lines. An accurate chart line shall include: Date of race, place, size of track if other than a half-mile track, symbol for freelegged pacers, track condition, type of race, distance, the fractional times of the leading horse including race time, post position, position at one quarter, one half, and three quarters, stretch with lengths behind leader, finish with lengths behind leader, individual time of the horse, closing dollar odds, name of the driver, names of the horses placed first, second and third by the Judges. The standard symbols for breaks and park-outs shall be used, where applicable.

(h) Indicate drivers racing with a provisional license.

(i) Indicate pacers that are racing without hopples.

(j) Summary of starts in purse races, earnings, and best win time for current and preceding year. A horse's best win time may be earned in either a purse or non-purse race.

Code of Colorado Regulations 20 (k) The name of the trainer.

(l) The consolidated line shall carry date, place, time, driver, finish, track condition and distance, if race is not at one mile.

(m) When a horse has been disqualified as the result of being ineligible to a race or as the result of a positive test the horse shall be indicated in the past performance line by showing its finishing position with an indication that the horse was disqualified. The horse will be credited with the start and finishing position in the summary. The other starters will remain as they finished but will be credited with the winnings they receive as the result of a horse being disqualified.

(n) Where a horse has not raced either in the current or preceding year at the gait he is entered for on the program, such program shall contain the following additional information:

1. Summary of his last year of racing at said gait which shall include his mark for that year, number of starts, number of times finishing first, second and third, and money won.

2. This information must be given even though the horse has competed in a qualifying event and will be continued until he has two starts in the current year.

3. Each program shall carry an explanation of the Commission rules covering the start and breaking Horses as well as the pari-mutuel, daily double, quinella, and exacta-perfecta rules.

4. Where performance lines of any horse for two years are included in the program, there shall be inserted a symbol separating the performance of each year.

Section 3. Failure to Furnish Reliable Program Information. — May subject the track and/or Program Director to a fine and/or the track and/or the Program Director may be suspended until arrangements are made to provide reliable program information.

Section 4. Inaccurate Information. — Owners, drivers, or others found guilty of providing inaccurate information on a horse's performance, or attempting to have misleading information given on a program may be fined, suspended or expelled.

Section 5. Check on Identity of Horse. — Any track official, member of the Colorado Racing Commission or their agent, or owner, trainer, or driver of any horse declared in to a race wherein the question arises may call for information concerning the identity and eligibility of any horse on the grounds of a track, and may demand an opportunity to examine such horse with a view to establish his identity or eligibility. If the owner or party controlling such horse shall refuse to afford such information, or to allow such examination, or fail to give satisfactory identification, the horse and the said owner or party may be barred and suspended or expelled.

Section 6. Frivolous Demands for Identification. — Any person demanding the identification of a horse without cause or merely with the intent to embarrass a race, shall be punished by a fine and/or by suspension or expulsion.

Section 7. Tattoo Requirements. — No horse will be permitted to start at an extended pari-mutuel meeting that has not been tattooed unless the permission of the Presiding Judge is obtained and arrangements are made to have the horse tattooed. Any person refusing to allow a horse to be tattooed may be fined, suspended or expelled.

Code of Colorado Regulations 21 Section 8. False Chart Lines. — Any official, clerk, or person who enters a chart line on an eligibility certificate when the race has not been charted by a licensed charter may be fined, suspended or expelled.

Section 9. No horse shall race without an eligibility certificate issued for the current year by the United States Trotting Association.

RULE 8. — RACING, FARM, OR STABLE NAME.

Section 1. Racing, farm, corporate, or stable names may be used by owners or lessees if registered with the U.S.T.A. giving the names of all persons who are interested in the stable or will use the name. All persons listed in a registered stable and a corporation racing a horse must have a Colorado License. All owners and persons listed in a registered stable, whether incorporated or not, shall be liable for entry fees and penalties against the registered stable. In the event one of the owners or persons listed in a registered stable is suspended, all the horses shall be included.

Section 2. Signature on Transfers and Other Documents Relating to Racing Farm, Corporate and Stable Names. — Only the signature of the Corresponding officer of a racing, farm, corporate or stable name will be recognized on transfers and other documents pertaining to such organizations. Documents bearing the signature of the stable by the corresponding officer will be considered binding upon the members thereof. Such signatures must be notarized.

Each member of a registered farm, corporate, or stable should sign a document designating the name and address of the corresponding officer thereof — for future applications only.

RULE 9. — ELIGIBILITY AND CLASSIFICATION.

Section 1. Eligibility Certificate. — There shall be an automatic fine of $10.00 on the owner if a horse is declared in without first possessing a current U.S.T.A. or C.T.A. Eligibility Certificate at the gait the horse is declared to race. The track shall automatically be fined $5.00 for accepting a declaration without an eligibility certificate for the proper gait and a track may refuse to accept any declaration without the eligibility certificate for the proper gait first being presented. Telegraphic or telephone declarations may be sent and accepted without penalty, provided the declarer furnished adequate program information but the eligibility certificate must be presented when the horse arrives at the track before he races, or the above fines will be imposed.

The Race Secretary shall check each certificate and certify to the judges as to the eligibility of all the horses.

Section 2. Leased Horses. — Any horse under lease must race in the name of the lessee and a copy of such lease must be filed with the Colorado Racing Commission and Racing Secretary. No horse shall race under lease without an eligibility certificate issued by the United States Trotting Association in the name of the lessee. The lessee must be licensed by the Commission and be in good standing.

Persons violating this rule may be fined, suspended or expelled.

Section 3. Sale or Lease During the Current Year. — When a horse is sold or leased after an eligibility certificate is issued for the current year, the seller or his authorized agent shall endorse the eligibility certificate to the new owner or lessee who may use it providing he immediately sends the registration certificate to the United States Trotting Association for a transfer or sends the United States Trotting Association a copy of the lease, the eligibility certificate following the horse. If the eligibility certificate is not endorsed to him, the new owner or lessee must apply to the United States Trotting Association for an eligibility certificate.

Code of Colorado Regulations 22 Section 4. Information Required from Horses Racing at Canadian Tracks. — Prior to the declarations, owners of horses having Canadian eligibility certificates shall furnish the Racing Secretary with a Canadian eligibility certificate completely filled out for the current year.

Section 5. Tampering with Eligibility Certificates. — Persons tampering with eligibility certificates may be fined, suspended or expelled and winnings after such tampering may be ordered forfeited.

Section 6. Corrections on Eligibility Certificates. — May be made only by a representative of the U.S.T.A., or a licensed official of this Commission. If the horse is to be leased an original executed copy of said lease shall be delivered therewith. Said official shall examine such registration certificate to verify that it is in proper order and that the current registered owner is the same as the current holder of the eligibility certificate and that the prospective transferees or lessees are members of the U.S.T.A. in good standing. If the endorsements are satisfactory, said official shall endorse the eligibility certificate to the new owner and forward the registration certificate or the lease to the Registrar for proper transfer or recording of lease as the case may be.

Section 7. No eligibility certificate will be issued on a horse coming from a country other than Canada unless the following information, certified by the Trotting Association or governing body of that country from which the horse comes, is furnished.

(a) The number of starts during the preceding year, together with the number of firsts, seconds, and thirds for each horse, and the total amount of money won during this period.

(b) The number of races in which the horse has started during the current year, together with the number of firsts, seconds and thirds for each horse and the money won during this period.

(c) A detailed list of the last six starts giving the date, place, track condition, post position or handicap, if it was a handicap race, distance of the race, his position at the finish, the time of the race, the driver's name, and the first three horses in the race.

Section 8. Registration of Standard and Non-Standard Bred Horses.

(a) All foals of 1937 and thereafter shall be registered in current ownership as either Standard or Non-Standard. If registration is properly applied for and all fees paid, an eligibility certificate for one year may be issued and marked “registration applied for.”

(b) Horses 15 years of Age or Older. — No eligibility certificate shall be issued to any horse that is fifteen years of age or older to perform in any race except in a matinee.

(c) Use of Eligibility Certificates During the Month of January. — Authorization may be granted to use eligibility certificates from the previous year during the month of January.

(d) Bar on Racing of Yearlings. — No eligibility certificate will be issued on any horse under two years of age.

Section 9. Racing Season. — For purposes of eligibility, a racing season or racing years shall be the calendar year. In recording winnings, gross winnings will be used and odd cents will be dropped and disregarded.

Section 10. Time Bars. — No time records or bars shall be used as an element of eligibility,

Section 11. Date When Eligibility is Determined. — Horses must be eligible when entries close but winnings on closing date of eligibility shall not be considered.

Code of Colorado Regulations 23 In mixed races, trotting and pacing, a horse must be eligible to the class at the gait at which it is stated in the entry the horse will perform.

Section 12. Conflicting Conditions. — In the event there are conflicting published conditions and neither is withdrawn by the track, the more favorable to the nominator shall govern.

Section 13. Standards for Overnight Events. — The Race Secretary should prescribe standards to determine whether a horse is qualified to race in overnight events at a meeting. The standards shall be posted at a place in which declarations are made and printed on all condition and qualifying sheets.

Section 14. Posting of Overnight Conditions. — Conditions for overnight events must be posted at least 18 hours before entries close at meetings other than extended pari-mutuel meetings.

At extended pari-mutuel meetings, conditions books will be prepared and races may be divided or substituted races may be used only where regularly scheduled races fail to fill, except where they race less than 5 days a week. Such books containing at least three days racing program will be available to horsemen at least 24 hours prior to closing declarations on any race program contained therein.

The Race Secretary shall forward copies of each condition book and overnight sheet to the Commission office as soon as they are available to the horsemen.

Section 15. Types of Races to the Offered. — In presenting a program of racing, the racing secretary shall use exclusively the following types of races:

1. Stakes and Futurities.

2. Early Closings and Late Closing Events.

3. Conditioned Races.

4. Claiming Races.

5. Preferred races limited to the fastest horses at the meeting. These may be Free-For-All Races, JFA, or Invitational. Horses to be used in such races shall be posted in the Race Secretary's office and listed with the Presiding Judge. Horses so listed shall not be eligible for conditioned overnight races unless the conditions specifically include horses on the preferred list. Twelve such races may be conducted during a 6-day period of racing at tracks distributing more than $100,000 in overnight purses during such period and not more than 10 such races shall be conducted at other tracks during a 6-day period of racing, provided that at least two of these races are for the three year olds, four year olds, or combined three and four year olds. At tracks which race less than 5 days per week, not more than ten such races may be conducted during a 6-day period.

No 2-year-old or 3-year old will be eligible to be placed on the preferred or invitational list to race against older horses until it has won 7 races unless requested by the owner or authorized agent. The owner or authorized agent may withdraw such request at his discretion.

Where a meeting is in progress in December and continues in January of the subsequent year, races and earnings won at that meeting might be computed in determining whether a horse may be placed on the preferred list.

6. Colorado Bred Rule — See Rule 6 Section 22 (g).

Code of Colorado Regulations 24 Section 16. Limitation on Conditions. — Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in normal preference cycle. Where the word “preferred” is used on a condition it shall not supersede date preference. Not more than three also eligible conditions shall be used in writing the conditions for any overnight event.

Section 17. Dashes and Heats. — Any dash or heat shall be considered as a separate race for the purposes of conditioned racing.

Section 18. Named Races. — Named races are not permitted except for preferred races for the fastest horses at a meeting as set forth in Section 15 (5) above and invitational two, three or four-year- old races with a purse at least 15% higher than the highest purse offered for a conditioned race programmed the same racing week.

Section 19. Selection of Drawing of Horses. — For all overnight events, starters and others eligible shall be drawn by lot from those properly declared in, except that a race secretary must establish a preference system for races as provided for in Rule 14, Section 5. However, where necessary to fill a card, not more than one race per day may be divided into not more than three divisions after preference has been applied and the divisions may be selected by the Racing Secretary. For all other overnight races that are divided the division must be by lot unless the conditions provide for a division based on performance, earnings or sex.

Section 20. Posting Requirements. — Names of all horses at the track ready to race will be posted by gait in the declaration room, together with all the pertinent information concerning such horse, which may be required to determine eligibility of such horse to condition races, offered at the tracks. There shall be a separate posting of two, three, and four-year-olds.

Supplemental purse payments made by a track after the termination of a meeting will be charged and credited to the winnings of any horse at the end of the racing year in which they are distributed, and will appear on the eligibility certificate issued for the subsequent year. Such distribution shall not affect the current eligibility until placed on the next eligibility certificate.

Section 21. Rejection of Declaration.

(a) The Racing Secretary may reject the declaration on any horse whose eligibility certificate was not in his possession on the date the condition book is published.

(b) The Racing Secretary may reject the declaration on any horse whose past performance indicates that he would be below the competitive level of other horses declared, provided the rejection does not result in a race being cancelled.

Section 22. Substitute and Divided Races. — Substitute races may be provided for each day's program and shall be so designated. Entries in races not filling shall be posted. A substitute race or a race divided into two divisions shall be used only if regularly scheduled races fail to fill.

If a regular race fills it shall be raced on the day it was offered.

Overnight events and substitutes shall not be carried to the next racing day.

Section 23. Opportunities to Race. — A fair and reasonable racing opportunity shall be afforded both trotters and pacers in reasonable proportion from those available and qualified to race. Claiming races may be carded to the proportion of each week's racing program as the number of claiming authorizations on file with the Racing Secretary bears to the total number of horses on the grounds which are qualified and available for racing.

Code of Colorado Regulations 25 Section 24. Qualifying Races. — A horse qualifying in a Qualifying Race for which no purse is offered shall not be deprived by reason of such performance of his right to start in any conditioned race.

Section 25. Definition of “Start.” — The definition of the word “start” in any type of condition unless specifically so stated will include only those performances in a purse race. Qualifying and matinee races are excluded.

RULE 10. — CLAIMING RACES.

Section 1. Who May Claim. — A race horse entered in a claiming race may be claimed for its entered price by any licensed horse owner who has a horse registered to race at the meeting where the claim is to be made, or by a licensed horse owner who has received a Claim Certificate from the Stewards, or by any person who has qualified for a license as horse owner and who has received a Claim Certificate from the Stewards. An authorized agent may claim for a qualified owner.

Section 2. Prohibitions.

(a) No person shall claim his own horse nor shall be claim a horse trained or driven by him.

(b) No person shall claim more than one horse in race.

(d) No owner shall cause his horse to be claimed directly or indirectly for his own account.

(e) No person shall offer, or enter into an agreement, to claim or not to claim, or attempt to prevent another person from claiming any horse in a claiming race.

(f) No person shall enter a horse against which there is a mortgage, bill of sale, or lien of any kind, unless the written consent of the holder thereof shall be filed with the Clerk of the Course of the track conducting such claiming race.

(g) Any entry in a claiming race cannot declare for a subsequent race until after the claiming race has been contested.

Section 3. Claiming Procedure.

(a) Owner's Credit. — The claimant must have to his credit with the Horseman's account the amount equivalent to the specified claiming price.

(b) Owner's Consent. — No declaration may be accepted unless written permission of the owner is filed with the Race Secretary at the time of declaration.

(c) Program. — The claiming price shall be printed on the program and all claims shall be for the amount so designated and any horse entered in a claiming race may be claimed for the designated amount.

(d) Claims in Writing. — The Owner or his authorized agent on forms and in envelopes furnished by the Association and approved by the Commission shall make all claims in writing. Both forms and envelopes must be filled out completely and must be sufficiently accurate to identify claim, otherwise claim will be void.

(e) Claim Box. — All claims shall be deposited in the claiming box at least ten (10) minutes before the established post-time of each race.

Code of Colorado Regulations 26 (f) Opening of Claim Box. — The Judges, or their designated representative, shall open the claim envelopes for each race as soon as, but not until, the horses for said race enter the track on the way from paddock to post.

(g) Multiple Claims on Same Horses. — Should more than one claim be filed for the same horse, lot by the Judges or their representative shall determine the owner.

(h) Delivery of Claimed Horse. — A horse claimed shall be delivered immediately by the original owner or his trainer to the successful claimant upon authorization of the Board of Judges or their representative. The horse's halter must accompany the horse. Altering or removing the horse's shoes will be considered a violation of this rule.

(i) Refusal to Deliver Claimed Horse. — Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended together with the horse until delivery is made.

(j) Vesting of Title to Claimed Horse. — Every horse claimed shall race in all heats or dashes of the event in the interest and for the account of the owner who declared it in the event, but title to the claimed horse shall be vested in the successful claimant from the time the word “go” is given in the first beat or dash, and said successful claimant shall become the owner of the horse whether it be alive or dead or sound or unsound, or injured during the race or after it.

(k) Affidavit by Claimant. — The judges may require any person making a claim for a horse to make affidavit that he is claiming said horse for his own account or as authorized agent and not for any other person. Any person making such affidavit willfully and falsely shall be subject to punishment as hereinafter provided.

(l) Penalty for Thirty Days. — If a horse is claimed it shall not start in another claiming race for a price less than the successful claiming price. If a horse is claimed no right, title, or interest therein shall be sold or transferred except in a claiming race for a period of 30 days following the date of claiming.

(m) Return of Claimed Horse to Owner or Stable. — No horse claimed out of a claiming race shall be eligible to start in any race in the name or interest of the original owner for thirty days, nor shall such horse remain in the same stable or under the care or management of the first owner or trainer, or anyone connected therewith unless reclaimed out of another claiming race.

(n) Scratched Horse. — The successful claimant of a horse programmed to start may, at his option, acquire ownership of a claimed horse, even though such claimed horse was scratched and did not start in the claiming race from which it was scratched. The successful claimant must exercise his option by 9:00 a.m. of the day following the claiming race to which the horse was programmed and scratched. Any horse drawn into a claiming race is eligible to be claimed.

Section 4. Subject to the conditions of Rule 10, Section 3, the track shall pay the claiming price to the owner at the time the registration certificate is delivered for presentation to the successful claimant.

Section 5. Claiming Conditions. — Whenever possible claiming races shall be written to separate horses five years old and up from young horses and to separate males from females. If sexes are mixed, mares shall be given a 10% minimum price allowance.

Code of Colorado Regulations 27 Section 6. Minimum Price. — No claiming race shall be offered permitting claims for less than the minimum purse offered at that time during the same racing week.

Section 7. Determination of Claiming Price. — Except as provided in Section 3 (k) of this rule, and except as provided in Rule 9, Section 21, no horse owner shall be prohibited from determining the price for which his horse shall be entered.

Section 8. The current Registration Certificate of all horses entered in claiming races must be on file with the Racing Secretary together with a separate claiming authorization form signed by the registered owner or owners or authorized agent and indicating the minimum amount for which the horse maybe entered to be claimed. To facilitate transfer of claimed horses the Presiding Judge may sign the transfer provided that he then send the Registration Certificate and claiming authorization to the Registrar for transfer.

Section 9. Any person violating any of the provisions of this rule shall be fined, suspended, or expelled.

Section 10. Fraudulent Claim.

(a) If the Judges determine that the declaration of any horse to a claiming race is fraudulent on the part of the declarer they may void the claim and at the option of the claimant shall order the horse returned to the person declaring it in.

(b) If the Judges determine that any claim of a horse is fraudulent on the part of the person making the claim, they may void the claim and may, at the option of the person declaring it in, return the horse to the person declaring it in.

Section 11.

(a) Should any stable be eliminated by sale or removal from the grounds, the right to claim is void. However, when a stable has been eliminated by claiming, the Owner so affected shall have the right to claim a horse during the next 30 racing days at any recognized meeting in this State even though all or a portion of the next 30 racing days take place in the following calendar year. The Owner or Trainer of a stable eliminated by claiming shall get a written statement from the Presiding Judge stating the date and place that the said stable was eliminated by claiming. Should such stable acquire a horse before availing itself of the privil ge then the privilege shall be void.

(b) Should any stable be eliminated by fire or other hazards, such stable shall have claiming privilege under the conditions indicated for the stable eliminated by claiming, at the discretion of the Board of Judges.

Section 12. Partnership — Corporations — Man & Wife — See Rule 34, Section 18 (c) (d) — Section 19 (b) (1).

RULE 11. — STAKES AND FUTURITIES.

Section 1. All stake and futurity sponsors shall:

(a) Annually file a copy of their conditions with this Commission and with the U.S.T.A.

(b) Shall mail a list of the nominations within forty days after the closing to each nominator, this Commission and the U.S.T.A.

Code of Colorado Regulations 28 (c) Shall furnish to this Commission and the U.S.T.A. and annual financial statement of each stake and futurity and within thirty days following the day of the race submit to this Commission and the U.S.T.A. a final financial statement.

(d) Shall mail within forty days the complete list of all horses remaining eligible after each payment to the owners of all eligible, to the Commission and to the U.S.T.A.

(e) Shall set the nominating date and dates for all sustaining payments except the starting fee on either the first or fifteenth day of the month.

Section 2. Sponsor's Contribution. — The sum contributed by a sponsor who is not a track member shall be considered forfeit and is to be included in the sum distributed in the event the stake or futurity is not raced. In the event a stake or futurity is split into more than two divisions, the added money for each division shall be at least 20% of all nominations, sustaining and starting fees paid into such stake or futurity. In the event a stake or futurity is split into two divisions, each division must race for at least 75% of the advertised purse. The advertised purse shall be the amount of the sponsor's contribution.

Section 3. Failure to Make Payment. — Failure to make any payment required by the conditions constitutes an automatic withdrawal from the event.

Section 4. Refund of Nomination Fee. — In the event that a mare nominated to a futurity fails to have a live foal, the nominator shall receive a return on his payment upon notification by December 1st of the year of not foaling, or if the conditions so provide, he may substitute.

Section 5. No sponsor shall pay monetary awards to nominators or breeders out of stake futurity funds.

Section 6. Deductions Prohibited. — No deduction, voluntary or involuntary, may be made from any purse or stake or futurity except that if the conditions specifically so provide, reasonable deductions may be made for clerical, printing, postage, and surety bond expenses specifically related to such purse, stake or futurity.

Section 7. If the sponsor has failed to comply with the provisions of the within rules, the Commission shall be authorized to refuse renewals of such Stakes and Futurities and/or to impose a fine not to exceed $100.00.

RULE 12. — ENTRIES.

Section 1. All Entries Must:

(a) Be made in writing.

(b) Be signed by the owner or his authorized agent except as provided in Rule 14, Section 1.

(d) Give name, color, sex, sire and dam of horse.

(e) Name the event or events in which the horse is to be entered.

(f) Entries in overnight events must also comply with the provisions of Rule 14, Section 1.

Code of Colorado Regulations 29 Section 2. Penalties. — The penalty for noncompliance with any of the above requirements is a fine of not less than $5.00 and not more than $50.00 for each offense. If the facts are falsely stated for the purpose of deception, the guilty party shall be fined and/or suspended or expelled.

Section 3. Receipt of Entries for Early Closing Events, Late Closing Events, Stakes and Futurities. — All entries not actually received at the hour of closing shall be ineligible, except entries by letter bearing postmark not later than the following day (omitting Sunday) or entries notified by telegraph, the telegram to be actually received at the office of sending at or before the hour of closing, such telegram to state the color, sex, and name of the horse, the class to be entered; also to give the name and residence of the owner and the party making entry. Whenever an entry or payment in a stake, futurity, or early closing race becomes payable on a Sunday or a legal holiday that falls on Saturday, such payment is to be due on the following Monday and if made by mail the envelope must be postmarked on or before the following Tuesday. If a payment falls on a Monday that is a legal holiday, such payment is due on Tuesday, and if made by mail must be postmarked on or before the following Wednesday.

Postage Meter. — Where an entry is received by letter bearing the postage meter date without any postmark placed thereon by the Post Office Department, such postage meter date shall be considered to be a postmark for the purpose of this rule if the letter is actually received within seven days following the closing date of the event. Receipt subsequent to this time of an entry by letter bearing the metered postmark date shall not be a valid entry or payment to any event. The metered date, of course, must conform to the postmark date as set forth above in order to be valid.

Section 4. Deviation for Published Conditions. — All entries and payments not governed by published conditions shall be void and any proposed deviation from such published conditions shall be punished by a fine not to exceed $50.00 for each offense, and any nominator who is allowed privileges not in accordance with the published conditions of the race, or which are in conflict with these rules, shall be debarred from winning any portion of the purse, and the said nominator and the Secretary or other persons who allowed such privileges shall be deemed to have been parties to a fraud.

Section 5. Where Ineligible Horse Races. — A nominator is required to guarantee the identity and eligibility of his entries and declarations and if given incorrectly he may be fined, suspended or expelled, and any winnings shall be forfeited and redistributed to eligible parties. A person obtaining a purse or money through fraud or error shall surrender or pay the same upon demand, or he, together with the parties implicated in the wrong, and the horse or horses shall be suspended until such demand is complied with and such purse or money shall be awarded to the party justly entitled to the same.

Section 6. Transfer if Ineligible Horse. — A horse entered in an event to which it is ineligible, may be transferred to any event to which he is eligible at the same gait.

Section 7. Withholding Purse on Ineligible Horse. — The judge shall be warranted in withholding the premium of any horse, without a formal protest, if they shall receive information in their judgment tending to establish that the entry or declaration was fraudulent or ineligible.

Section 8. Agreement to Race Under Rule. — Every entry shall constitute an agreement that the person making it, the owner, lessee, manager, agent, nominator, driver, or other person having control of the horse, and the horse shall be subject to these Rules and Regulations, and will submit all disputes and questions arising out of such entry to the authority and the judgment of the Board of Judges, whose decision is final.

Section 9. Effect of Death on Future Payments. — All engagements shall be void upon the decease of either owner or horse, prior to the starting of the race, so far as they shall affect the deceased owner horse, except when assumed by the estate or where the proprietorship is in more than one person, and any survive.

Code of Colorado Regulations 30 Section 10. Early Closing Events and Late Closing Races.

(a) Date and Place. — The sponsor shall state the place and day the event will be raced and no change in date, program, events, or conditions can be made after the nominations have been taken without the written consent of the owners or trainer of all horses eligible at the time the conditions are changed.

(b) File Conditions. — A nomination blank shall be filed with the Commission.

(c) Payments on the Fifteenth of the Month. — All nominations and payments other than starting fees in early closing events shall be advertised to fall on the fifteenth day of the month.

(d) List of Nominations. — A complete list of nominations to any late closing race or early closing event shall be published within forty (40) days after the date of closing and mailed to each nominator and the Commission.

(e) Procedure if Event Does Not Fill. — If the event does not fill, each nominator and the Commission shall be notified with fourteen (14) days and refund of nomination fees shall accompany the notice.

(f) Transfer Provisions Change of Gait. — Unless a track submits its early closing conditions to the Commission at least 30 days prior to the first publication and has such conditions approved the following provisions will govern transfers in the event of a change of gait. If conditions published for early closing events allow transfer for change of gait, such transfer shall be to the slowest class the horse is eligible to at the adopted gait, eligibility to be determined at time of closing of entries, the race to which transfer may be made must be the one nearest the date of the event originally entered.

Two-year-olds, three-year-olds, or four-year-olds, entered in classes for their age, may only transfer to classes for the same age group at the adopted gait to the race nearest the date of the event originally entered, entry fees to be adjusted.

Section 11. Subsequent Payments — Lists of Eligible. — If subsequent payments are required, a complete list of those withdrawn or declared out shall be made within fifteen (15) days after the payment was due and the list mailed to each nominator and the Commission.

Section 12. Trust Funds. — All fees paid in early closing events shall be segregated and held as trust funds until the event is contested.

Section 13. Early Closing Events by New Track. — No early closing events may be advertised or nominations taken therefore for a pari-mutuel meeting that has not had its application approved by the Commission. Tracks accepting nominations to Early Closing Races, Late Closing Races, Stakes and Futurities will give stable space to any horse nominated and eligible to such event the day before, the day of, and the day after such race.

Section 14. Limitation on Conditions. — Conditions of Early Closing Events or Late Closing Races that will eliminate horses nominated to an event or add horses that have not been nominated to an event by reason of the performance of such horses at an earlier meeting held the same season, are invalid. Early Closing Events or Late Closing Events shall have not more than two also eligible conditions.

Section 15. Penalties. — Any official or track that fails to comply with any provisions of this rule shall be fined, suspended or expelled, unless otherwise provided.

Code of Colorado Regulations 31 Section 16. In early Closing Races, Late Closing Races, and Overnight races requiring entry fees, all monies paid in by the nominators in excess of 85% of the advertised purse shall be added to the advertised purse and the total shall then be considered to be the advertised purse. (In addition to adding excess entry fees as provided above, the sponsor shall add at least 15% to the advertised purses of Late Closing Races and Overnight races. 15% of all monies paid in by the nominators shall be added to all Early Closing races by the sponsor.)

RULE 13. — ENTRIES AND STARTERS REQUIRED SPLIT RACES

Section 1. Tracks Must Specify How Many Entries are Required for Overnight Events and after the condition is fulfilled, the event must be contested except when declared off as provided in Rule 15.

In early closing events, or late closing events, if five or more wagering interests are declared in to start, the race must be contested, except when declared off as provided in Rule 15. Stakes and Futurities must be raced if one or more horses are declared in to start except when declared off as provided in Rule 15.

In an early closing event, if less horses are declared in than are required to start, and all declarers are immediately so notified, the horse or horses declared in and ready to race shall be entitled to all the entrance money and any forfeits from each horse named.

Section 2. Elimination Heats or Two Divisions. —

(a) In any race where the number of horses declared in to start exceeds 12 on a half-mile track or 16 on a larger track, the race, at the option of the track conducting same stated before positions are drawn, may be raced in elimination heats. No more than two tiers of horses, allowing eight feet per horse, will be allowed to start in any race.

(b) Where the race is divided, each division must race for at least 75% of the advertised purse.

In an added money early closing event the race may be divided and raced in divisions and each division raced for an equal share of the total purse if the advertised conditions so provide, provided, however, extended meetings shall add an additional amount so that each division will race for 75 percent of the total of the advertised purse and added money. These provisions shall apply to any stake or early closer with a value of $20,000 or less.

Section 3. Elimination Plans. —

(a) Whenever elimination heats are required or specified in the published conditions such race shall be raced in the following manner unless conducted under another section of this rule. That is, the field shall be divided by lot and the first division shall race a qualifying dash for 30 percent of the purse, the second division shall race a qualifying dash for 30 percent of the purse and the horses so qualified shall race in the main event for 40 percent of the purse. The winner of the main event shall be the race winner.

In the event there are more horses declared to start than can be accommodated by the two elimination dashes, then there will be added enough elimination dashes to take care of the excess. The percent of the purse raced for each elimination dash will be determined by dividing the number of elimination dashes into 60. The main event will race for 40 percent of the purse.

Unless the conditions provide otherwise, if there are two elimination dashes the first four finishers in each dash qualify for the final; if three or more elimination dashes, not more than three horses will qualify for the final from each qualifying dash.

Code of Colorado Regulations 32 The judges shall draw the positions in which the horses are to start in the main event, i.e., they shall draw positions to determine which of the dash winners shall have the pole, and which the second position; which of the two horses that have been second shall start in third position: and which in fourth, etc. All elimination dashes and the concluding heat must be programmed to be raced upon the same day or night, unless special provisions for earlier elimination dashes are set forth in the conditions.

In the event there are three separate heat or dash winners and they alone come back in order to determine the race winner according to the conditions, they will take post positions according to the order of their finish in the previous heat or dash.

(b) In any race where the number of horses declared in to start exceeds 12 on a half-mile track or 16 on a mile track, unless other numbers are specified in the conditions, the race, at the option of the track members conducting the same stated before positions are drawn, may be divided by lot and raced in two divisions with all heat winners from both divisions competing in a final heat to determine the race winner. Each division shall race two heats for 20% of the purse each heat. The remaining 20% of the purse shall go to the winner of the final heat.

(c) Whenever elimination heats are required, or specified in the published conditions of a stake or futurity, such race may be raced on the three-heat plan, irrespective of any provisions in the conditions to the contrary, unless such published conditions provide otherwise. That is, the field shall be divided by lot and the first division shall race for thirty percent of the purse, the second division shall race for thirty percent, and the horses qualifying in the first and second divisions shall race the third heat for thirty percent of the purse. If, after the third heat, no horse has won two heats, a fourth heat shall be raced by only the heat winners. The race winner shall receive the remaining ten percent of the purse. The number of horses qualifying to return after each elimination heat will be the same as set out in Section 3 (a) of this rule.

Section 4. Overnight Events. — Not more than eight horses shall be allowed to start on a half-mile track in overnight events and not more than ten horses on larger tracks at extended pari-mutuel meetings.

Trailers are not permitted where the track has room to score all horses abreast.

Section 5. Qualifying Race for Stake, Etc. — Where qualifying races are provided in the conditions of an early closing event, stake or futurity, such qualifying race must be held not more than five days prior to contesting the main event and omitting the day of the race.

RULE 14. — DECLARATION TO START AND DRAWING HORSES

Section 1. Declaration.

(a) At Extended Pari-Mutuel Meetings. — Unless otherwise specified by the Presiding Judge, the declaration time at extended pari-mutuel meetings shall be 9:00 a.m.

(b) Declaration Time at Other Meetings. — At all other meetings starters must be declared in at 10:00 a.m. unless another time is specified by the Presiding Judge.

(d) Time Used. — In order to avoid confusion and misunderstanding, the time when declarations close will be considered to be standard time, except the time in use at an extended pari- mutuel meeting shall govern that meeting.

Code of Colorado Regulations 33 (e) Declaration Box. — The management shall provide a locked box with an aperture through which declarations shall be deposited.

(f) Responsibility for Declaration Box. — The declaration Box shall be in charge of the Presiding Judge.

(g) Search for Declarations by Presiding Judge Before Opening Box. — Just prior to opening of the box at extended pari-mutuel meetings where futurities, stakes, early closing or late closing events are on the program, the Presiding Judge shall check with the Race Secretary to ascertain if any declarations by mail, telegraph, or otherwise, are in the office and not deposited in the entry box, and he shall see that they are declared and drawn in the proper event.

(h) Opening of Declaration Box. — At the time specified the Presiding Judge shall unlock the box, assort the declarations found therein, and immediately draw the positions in the presence of such owners or their representatives, as may appear.

(i) Entry Box and Drawing of Horses at Extended Pari-Mutuel Meetings. — The Presiding Judge shall open the entry box at the advertised time and the Presiding Judge will be responsible to see that at least one horseman or an official representative of the horsemen is present. No owner or agent for a horse with a declaration in the entry box shall be denied the privilege of being present. Under the supervision of the Presiding Judge, all entries shall be listed, the eligibility verified, preference ascertained, starters selected and post positions drawn. If it is necessary to reopen any race, public announcement shall be made at least twice and the box reopened to a definite time.

(j) Drawing of Post Positions for Second Heat in Races of More Than One Dash or Heat at Pari-Mutuel Meetings.

In races of a duration of more than one dash or heat at pari-mutuel meetings, the judges may draw postpositions from the stand for succeeding dashes or heats.

(k) Declarations by Mail, Telegraph or Telephone. — Declarations by mail, telegraph or telephone actually received and evidence of which is deposited in the box before the time specified to declare in, shall be drawn in the same manner as the others. Such drawings shall be final. Mail, telephone, and telegraph declarations must state the name and address of the owner or lessee; the name, color, sex, sire and dam of the horse; the name of the driver and his colors; the date and place of last start; a current summary, including the number of starts, firsts, seconds, thirds, earnings and best winning time for the current year, and the event or events in which the horse is to be entered.

(l) Effect of Failure to Declare on Time. — When a track requires a horse to be declared at a stated time, failure to declare as required shall be considered a withdrawal from the event.

(m) Drawing of Horses After Declaration. — After declaration to start has been made no horse shall be drawn except by permission of the Judges. A fine, not to exceed $500.00, or suspension may be imposed for drawing a horse without permission, the penalty to apply to both the horse and the party who violates the regulation.

(n) Horses Omitted Through Error. — Such drawings shall be final unless there is conclusive evidence that a horse properly declared, other than by telephone, was omitted from the race through the error of a track or its agent or employee in which event the horse may be added to this race but given the outside post position. This shall not apply at pari-

Code of Colorado Regulations 34 mutuel meetings unless the error is discovered prior to the publication of the official program.

Section 2. Qualifying Races. — At all extended pari-mutuel meetings declarations for overnight events shall be governed by the following:

(a) Within two weeks of being declared in, a horse that has not raced previously at the gait chosen must go a qualifying race under the supervision of a Judge holding a Presiding or Associate Judge's license for pari-mutuel meetings and acquire at least one charted line by a licensed charter. In order to provide complete and accurate chart information on time and beaten lengths a standard photofinish shall be in use.

(b) A horse that does not show a charted line for the previous season, or a charted line within its last six starts, must go a qualifying race as set forth in (a). Uncharted races contested in heats of more than one dash and consolidated according to (d) will be considered one start.

(c) A horse that has not started at a charted meeting by August 1st of a season must go a qualifying race as set forth above in (a).

(d) When a horse has raced at a charted meeting during the current season, then gone to meetings where the races are not charted, the information from the uncharted races may be summarized, including each start, and consolidated in favor of charted lines and the requirements of Section (b) would then not apply.

The consolidated line shall carry date, place, time, driver, finish, track condition and distance if race is not at one mile.

(e) The Judges may require any horse that has been on the Steward's List to go a qualifying race. If a horse has raced in individual time not meeting the qualifying standards for that class of horse, he may be required to go a qualifying race.

(f) The Judges may permit a fast horse to qualify by means of a timed workout consistent with the time of the races in which he will compete in the event adequate competition is not available for a qualifying race.

(g) To enable a horse to qualify, qualifying races should be held at least one full week prior to the opening of any meeting that opens before July 1st of a season and shall be scheduled at least twice a week. Qualifying races shall also be scheduled twice a week during the meeting.

(h) Where a race is conducted for the purpose of qualifying drivers and not horses, the race need not be charted, timed or recorded. This section is not applicable to races qualifying both drivers and horses.

(i) If a horse takes a win race record in a qualifying race, such record must be prefaced with the letter “Q” wherever it appears, except in a case where immediately prior to or following the race, the horse taking the record has been submitted to an approved urine, saliva or blood test. It will be the responsibility of the Presiding Judge to report the test on the Judges Sheet.

(j) A horse that has raced in the current year but not in the past 60 days must go a qualifying race or an official workout.

Code of Colorado Regulations 35 (k) ‘Horses that have made breaks in the past three consecutive races entered and on tracks rated fast and not finishing in at least one race first, second or third, must go a qualifying race.

(l) Horses distanced three times in a row on tracks rated fast must go a qualifying race.

(m) Races going more than two seconds slower than qualifying standards, for a fast track under the existing weather conditions, place all horses in that race on the Steward's List, and all must go a satisfactory qualifying race.

Section 3. Coupled Entries. — When the starters in a race include two or more horses owned or trained by the same person, or trained in the same stable or by the same management they shall be coupled as an “entry” and a wager on one horse in the “entry” shall be a wager on all horses in the “entry”. Provided, however, that when a trainer enters two or more horses in a stake, early closing, and futurity. Free For All or other special event under bona fide separate ownerships, the said horses may, at the request of the association and with the approval of the Judges, be permitted to race as separate betting entries. The fact that the same person trains such horses shall be indicated prominently in the program. If the race is split in two or more divisions, horses in an “entry” shall be seeded insofar as possible, first by owners, then by trainers, then by stables; but the divisions in which they compete and their post positions shall be drawn by lot. The above provision shall also apply to elimination heats.

The Presiding Judge shall be responsible for coupling horses. In addition to the foregoing, horses separately owned or trained may be coupled as an entry where it is necessary to do so to protect the public interest for the purpose of pari-mutuel wagering only. However, where this is done, entries may not be rejected.

Section 4. Also Eligible. — Not more than two horses may be drawn as also eligible for a race and their positions shall be drawn along with the starters in the race. In the event one or more horses are excused by the Judges, the also eligible horse or horses shall race and take the postposition drawn by the horse that it replaces, except in handicap races. In handicap races the also eligible horse shall take the place of the horse that it replaces in the event that the handicap is the same. In the event the handicap is different, the also eligible horse shall take the position on the outside of horses with a similar handicap. No horse may be added to a race as an also eligible unless the horse was drawn as such at the time declarations closed. No horse may be barred from a race to which it is otherwise eligible by reason of its preference due to the fact that it has been drawn as an also eligible. A horse moved into the race from the also eligible list cannot be drawn except by permission of the Judges, but the owner or trainer of such a horse shall be notified that the horse is to race and it shall be posted at the Race Secretary's office. All horses on the also eligible list and not moved in to race by 9:00 a.m. on the day of the race shall be released.

Section 5. Preference. — Preference shall be given in all overnight events according to a horse's last previous purse race during the current year. The preference date on a horse that has drawn to race and been scratched is the date of the race from which he was scratched.

When a horse is racing for the first time in the current year, the date of the first declaration shall be considered its last race date, and preference applied accordingly.

This rule relating to preference is not applicable for any meeting at which an agricultural fair is in progress. All horses granted stalls and eligible must be given an opportunity to compete at these meetings.

Section 6. Steward's List. —

Code of Colorado Regulations 36 (a) A horse that is unfit to race because he is dangerous, unmanageable, sick, lame, unable to show a performance to qualify for races at the meeting, or otherwise unfit to race at the meeting may be placed on a “Steward's List” by the Presiding Judge, and declarations on said horse shall be refused, but the owner or trainer shall be notified in writing of such action and the reason as set forth above shall be clearly stated on the notice. When any horse is placed on the Steward's list, the Clerk of the Course shall make a note on the Eligibility Certificate of such horse, showing the date the horse was put on the Steward's list, the reason therefore and the date of removal if the horse has been removed.

(b) No presiding Judge or other official at non-extended meeting shall have the power to remove from the Steward's List and accept as an entry any horse which has been placed on a Steward's List and not subsequently removed for the reason that he is a dangerous or unmanageable horse. Such meetings may refuse declarations on any horse that has been placed on the Steward's List and has not been removed

Section 7. Driver. — Declarations shall state who shall drive the horse and give the driver's colors. Drivers may be changed until 9:00 a.m. of the day preceding the race, after which no driver may change without permission of the judges and for good cause. When a nominator starts two or more horses, the judges shall approve or disapprove the second and third drivers.

Section 8. It shall be the duty of the Presiding Judge to call a meeting of all horsemen on the grounds before the opening of an extended pari-mutuel meeting for the purpose of electing a member and an alternate to represent them on matters relating to the withdrawal of horses due to bad track or weather conditions.

Section 9. In case of questionable track conditions due to weather, the Presiding Judge shall call a meeting consisting of an agent of the track member, the duly elected representative of the horsemen and himself.

Section 10. Upon unanimous decision by this committee of three that track conditions are safe for racing, no non-permitted withdrawals may be made.

Section 11. Committee Decision on Track Conditions. —

(a) Any decision other than unanimous by this committee will allow any entrant to scratch his horse or horses after posting ten percent of the purse to be raced for. In the event sufficient withdrawals are received to cause the field to be less than six, then the track member shall have the right of postponement of an early closing event or stake and cancellation of an overnight event.

(b) Said money posted shall be forwarded to the Horseman's Bookkeeper and shall be retained as a fine, or refunded to the individual upon the decision of the Judges as to whether the withdrawal was for good cause.

Section 12. Veterinarian's List. — A horse that is unfit to race because it is sick, lame, or otherwise physically unfit to race may be placed on the “Veterinarian's List” by the Track or Commission Veterinarian and declarations on said horses shall be refused.

(a) When any horse is placed on the Steward's List or Veterinarian's List the owner or trainer shall be notified in writing of such action and the reason as set forth above shall be clearly stated on the notice.

(b) No track shall accept a declaration to any race for any horse that has been placed on the Steward's List and which has not been removed. Only a Presiding Judge at an extended pari-mutuel meeting shall have the authority to remove a horse from the Steward's List.

Code of Colorado Regulations 37 (c) No meeting shall accept a declaration for any race on a horse that has been placed on the Veterinarian's List unless that horse has been removed by the Tract or Commission Veterinarian.

RULE 15. — POSTPONEMENT.

Section 1. In case of unfavorable weather, or other unavoidable cause, tracks with consent of the Judges shall postpone races in the following manner:

(a) Early Closing Races, Stakes, and Futurities. — All shall be postponed to a definite hour the next fair day and good track.

(b) Any Late Closing Race, Early Closing Race, and Stake or Futurity (except as provided in (d) and (e) below) that cannot be raced during the scheduled meeting shall be declared off and the entrance money and forfeits shall be divided equally among the nominators who have horses declared in and eligible to start.

(c) Any Late Closing Race or Early Closing Race that has been started and remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary. Any such race that has been started but postponed by rain or snow earlier in the meeting may be declared ended and the full purse divided according to the summary.

(d) Stakes and Futurities should be raced where advertised and the meeting may be extended to accomplish this. Any stake or futurity that has been started and remains unfinished on the last day of the scheduled meeting shall be declared ended and the full purse divided according to the summary except where the track elects to extend the meeting to complete the race. Horses that are scratched after a heat and before a race is declared finished do not participate in purse distribution from subsequent heats in the event the race is called off and declared finished.

(e) Unless otherwise provided in the conditions, in order to transfer stakes and futurities to another meeting, unanimous consent must be obtained from the track and from all those having eligible in the event.

(f)(1) At meetings of more than five days duration, overnight events may be postponed and carried over not to exceed two racing days.

(2) At meetings of a duration of five days or less, overnight events and late closing races shall be cancelled and starting fees returned in the event of postponement, unless the track is willing to add the postponed races to the advertised program for subsequent days of the meeting.

At the option of the management any postponed races may be contested in single mile dashes. Where races are postponed under this rule, management shall have the privilege of selecting the order in which the events will be aced in any combined program.

RULE 16. — STARTING.

Section 1. With Starting Gate. —

(a) Starter's Control. — The Starter shall have control of the horses from the formation of the parade until he gives the word “go.”

Code of Colorado Regulations 38 (b) Scoring. — After one or two preliminary warming up scores, the Starter shall notify the drivers to fasten their helmet chinstraps and come to the starting gate. During or before the parade the drivers must be informed as to the number of scores permitted.

(c) The horses shall be brought to the starting gate as near one-quarter of a mile before the start as the track will permit.

(d) Speed of Gate. — Allowing sufficient time so that the speed of the gate can be increased gradually, the following minimum speeds will be maintained:

(1) For the first 1/8 mile, not less than 11 miles per hour.

(2) For the next 1/16 of a mile not less than 18 miles per hour.

(3) From that point to the starting point, the speed will gradually be increased to maximum speed.

(e) On mile tracks horses will be brought to the starting gate at the head of the stretch and the relative speeds mentioned in sub-section (d) above will be maintained.

(f) The starting point will be a point on the inside rail a distance of not less than 200 feet from the first turn. The Starter shall give the word “go” at the starting point.

(g) When a speed has been reached in the course of a start there shall be no decrease except in the case of a recall.

(h) Recall Notice. — In case of a recall a light plainly visible to the driver shall be flashed and a recall sounded and wherever possible the starter shall leave the wings of the gate extended and gradually slow the speed of the gate to assist in stopping the field of horses. In an emergency, however, the starter shall use his discretion to close the wings of the gate.

(i) There shall be no recall after the word “go” has been given and any horse, regardless of his position or an accident, shall be deemed a starter from the time he entered into the Starter's control unless dismissed by the Starter.

(j) Breaking Horse. — The Starter shall endeavor to get all horses away in position and on gait but no recall shall be had for a breaking horse except as provided in (k) (5).

(k) Recall — Reasons for. — The Starter may sound a recall only for the following reasons:

(1) A horse scores ahead of the gate.

(2) There is interference.

(3) A horse has broken equipment.

(4) A horse falls before the word “go” is given.

(5) Where a horse refuses to come to the gate before the gate reaches the pole 1/16 of a mile before the start, the field may be turned.

(l) Penalties. — A fine not to exceed $100.00, or suspension from driving not to exceed 15 days, or both, may be applied to any driver for.

Code of Colorado Regulations 39 (1) Delaying the start.

(2) Failure to obey the Starter's instructions.

(3) Rushing ahead of the inside or outside wing of the gate.

(4) Coming to the starting gate out of position.

(5) Crossing over before reaching the starting point.

(6) Interference with another driver during the start.

(7) Failure to come up into position.

A hearing must be granted before any penalty is imposed.

(m) Riding in Gate. — No persons shall be allowed to ride in the starting gate except the Starter and his driver or operator, and a Patrol Judge, unless permission has been granted by the Judges or Commission.

(n) Loudspeaker. — Use of a mechanical loudspeaker for any purpose other than to give instructions to drivers is prohibited. The volume shall be no higher than necessary to carry the voice of the starter to the drivers.

The penalty for violation of this section shall be a fine of not to exceed $200.00 or suspension not to exceed thirty days after a hearing by the Commission.

Section 2. Holding Horses Before Start. — Horses may be held on the backstretch not to exceed two minutes awaiting post time, except when delayed by an emergency.

Section 3. Two Tiers. — In the event there are two tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier.

Whenever a horse is drawn from any tier, horses on the outside move in to fill up the vacancy.

Section 4. Starters. — The horses shall be deemed to have started when the word “go” is given by the Starter, and all the horses must go the course except in case of an accident in which it is the opinion of the Judges that it is impossible to go the course.

Section 5. Unmanageable Horse. — If in the opinion of the Judges or the Starter a horse is unmanageable or liable to cause accidents or injury to any other horse or to any driver it may be sent to the bam. When this action is taken the Starter will notify the Judges who will in turn notify the public.

Section 6. Bad Acting Horse. — At meetings where there is no wagering, the Starter may place a bad acting horse on the outside at his discretion. At pari-mutuel meetings such action may be taken only where there is time for the Starter to notify the Judges who will in turn notify the public prior to the sale of tickets on such race. If tickets have been sold, the bad acting horse must be scratched under the provision of Section 5 herein.

Section 7. Post Positions — Heat Racing. — The horse winning a heat shall take the pole (or inside position) the succeeding heat, unless otherwise specified in the published conditions, and all others shall take their positions in the order they were placed the last heat. When two or more horses shall have made a dead heat, their positions shall be settled by lot.

Code of Colorado Regulations 40 Section 8. Shield. — The arms of all starting gates shall be provided with a screen or a shield in front of the position for each horse, and such arms shall be perpendicular to the rail.

Section 9. Malfunction of the Gate. — Every licensed starter is required to check his starting gate for malfunctions before commencing any meeting and to practice the procedure to be followed in the event of a malfunction. Both the starter and the driver of the gate must know and practice emergency procedures, and the starter is responsible for the training in such procedures of drivers.

Section 10. Starting without Gate. — When horses are started without a gate the Starter shall have control of the horses from the formation of the parade until he gives the word “go.” He shall be located at the wire or other point of start of the race at which point as nearly as possible the word “go” shall be given. No driver shall cause unnecessary delay after the horses are called. After two preliminary warming up scores, the Starter shall notify the drivers to form in parade.

Section 11. Overhead Barrier. — A member may use an overhead barrier or counting start in starting races and any driver who fails to obey the orders of the Starter or Assistant Starter operating same may be fined or ruled out of the race.

Section 12. Snap Barrier. — All handicaps shall be started with a snap barrier unless a starting gate or walk-up start is used, and sprung simultaneously with the announcement of the word “go”. Any driver allowing his horse to go into the barrier before the word “go” shall be fined $10 to $100.

RULE 17. — DRIVERS, TRAINERS, GROOMS AND AGENTS.

Section 1. Driver's Application for License. — Every person desiring to drive a harness horse at a race meeting licensed by the Commission shall be required to obtain a license from the Commission. Such application shall be on forms provided by the Commission. Applications may be filed at any Commission office. Such license shall be presented to the Clerk of the Course before driving.

Section 2. Qualification for a Provisional and/or Full Driver's License.

(a) Every applicant for a provisional license to drive a harness horse at a race meeting licensed by the Commission in addition to any other requirements mentioned herein shall:

(1) Submit evidence of good moral character.

(2) Submit evidence of his ability to drive in a race and, if he is a new applicant, this must include the equivalent of one year's training experience.

(3) Be at least 18 years of age.

(4) Furnish a completed application form.

(5) Submit satisfactory evidence of an eye examination indicating 20/40 corrected vision in both eyes, or if one eye blind, at least 20/30 corrected vision in the other eye; and, when requested, submit evidence of physical and mental ability and/or submit to a physical examination.

(6) No person 60 years of age or older who has never held any type of driver's license previously shall be issued a driver's license.

(7) When requested, submit a written examination at a designated time and place to determine his qualifications to drive and his knowledge of racing and the Rules. In addition, any driver who presently holds a license and wishes to obtain a

Code of Colorado Regulations 41 license in a higher category, who has not previously submitted to such written test, shall be required to take a written test before becoming eligible to obtain a license in a higher category.

(b) A full license will be granted to an applicant who qualifies for a provisional license and has acquired:

(1) At least one year's driving experience while holding a provisional license.

(2) 25 satisfactory starts in the calendar year preceding the date of his application at an extended pari-mutuel meeting.

(c) In the event any person is involved in an accident on the track, the Commission may order such person to submit to a physical examination and such examination must be completed within 30 days from such request or his license may be suspended until compliance therewith.

(d) All penalties imposed on any driver will be recorded on the reverse side of his U.S.T.A. driver's license by the Presiding Judge.

Section 3. Trainers — Application for License. — An applicant for a license as Trainer must be at least 18 years of age and satisfy the Judges that he possesses the necessary qualifications both mental and physical, to perform the duties required. Elements to be considered, among others, shall be character, reputation, temperament, experience, knowledge of the Rules of Racing and of the duties of a trainer in the preparation, training, entering and managing of horses for racing.

Section 4. Grooms — Application for License. — An applicant for a license as a Groom must satisfy the Judges that he possesses the necessary qualifications, both mental and physical to perform the duties required. Elements to be considered, among others, shall be character, reputation, temperament, experience, and knowledge of the Rules of Racing and of the duties of a Groom No license shall be issued to applicants under sixteen years of age.

(Exceptions: See Rule 5 Section 6.)

Section 5. The holder of a license issued by the United States Trotting Association or holder of a license issued by the Colorado Racing Commission for the prior year may be presumed to be qualified to receive a license, all others must be tested by the Board of Judges, or agent of the Commission, at such locations as shall be designated by the Commission as to the capability of said applicant for a license to perform the functions required of him. Said tests shall be either in writing or by demonstrations or both and shall be administered in a uniform manner. The cost of said testing shall be borne by the applicant.

Section 6. The following shall constitute disorderly conduct and be reason for a fine, suspension, or revocation of an Owners, drivers, trainers, or groom's license:

(a) Failure to obey the Judge's orders that are expressly authorized by the rules of this Commission.

(b) Failure to drive when programmed unless excused by the Judges.

(c) Drinking intoxicating beverages within four hours of the first post time of the program on which he is carded to drive.

(d) Appearing in the paddock in an unfit condition to drive.

Code of Colorado Regulations 42 (e) Fighting.

(f) Assaults.

(g) Offensive and profane language.

(h) Smoking on the track in silks during actual racing hours.

(i) Warrning up a horse prior to racing without silks.

(j) Disturbing the peace.

(k) Refuse to take a breath analyzer test when directed by the Presiding Judge.

Section 7. Drivers must wear distinguishing colors, and shall not be allowed to start in a race or other public performance unless in the opinion of the Judges they are properly dressed.

No one shall drive during the time when colors are required on a race track unless he is wearing a type of protective helmet, constructed with a hard shell.

Section 8. Driver's Colors. — No driver or trainer shall be allowed to drive in any race or public performance, or to otherwise appear on the racetrack during the racing program unless wearing his own or his owner's registered colors, and no driver shall appear in colors registered in the name of another, without the special permission of the Presiding Judge. No driver or trainer wearing colors shall appear at any betting booth or window at a racetrack, or at any bar or restaurant dispensing alcoholic beverages. Drivers wearing colors but not competing in a particular race shall view such race from a stand especially set aside for them.

Section 9. Safety Helmets. — No one shall drive during the time when colors are required on a racetrack unless he is wearing a protective helmet of a type satisfactory to the Commission, together with a chinstrap in place.

Section 10. The Presiding Judge at any race meeting shall refuse to permit any licensed driver to compete in a race if, in the judgment of such official, he is unfit to drive.

Section 11. Driver Change. — No driver can, without good and sufficient reasons, decline to be substituted by the Judges. Any driver who refuses to be so substituted may be fined or suspended or both, by order of the Judges.

Section 12. Driver's Meeting. — Before the first heat or race of any meeting is contested, the racing officials, drivers and trainers shall meet at a time and place to be designated by the Presiding Judge. Notice of the time and place of such meeting shall be published on the bulletin board in the office of the Racing Secretary at least 72 hours prior to the meeting. Absence from such meeting shall be cause for a hearing before the Presiding Judge and possible suspension of driver's rights.

The officials will announce any special rules affecting the race meeting and shall construe such of the rules of racing as shall be requested. At the conclusion of such meeting all drivers shall be presumed to be familiar with the Rules of Racing.

No driver will drive unless he has attended such meeting or until he shall have met with the officials thereafter by appointment and at their convenience.

RULE 18. — RACING AND TRACK RULES.

Code of Colorado Regulations 43 Section 1. Although a leading horse is entitled to any part of the track except after selecting his position in the home stretch, neither the driver of the first horse or any other driver in the race shall do any of the following things, which shall be considered violation of driving rules:

(a) Change either to the right or left during any part of the race when another horse is so near him that in altering his position he compels the horse behind him to shorten his stride, or causes the driver of such other horse to pull him out of his stride.

(b) Jostle, strike, hook wheels, or interfere with another horse or driver.

(c) Cross sharply in front of a horse or cross over in front of a field of horses in a reckless manner, endangering other drivers.

(d) Swerve in and out or pull up quickly.

(e) Crowd a horse or driver by “putting a wheel under him.”

(f) “Carry a horse out” or “sit down in front of him,” take up abruptly in front of other horses so as to cause confusion or interference among the trailing horses, or any other act which constitutes what is popularly known as helping.

(g) Let a horse pass inside needlessly.

(h) Laying off a normal pace and leaving a hole when it is well within the horse's capacity to keep the hole closed.

(i) Commit any act, which shall impede the progress of another horse or cause him to “break.”

(j) Change course after selecting a position in the home stretch and swerve in or out, or bear in or out, in such manner as to interfere with another horse or cause him to change course or take back.

(k) To drive in a careless or reckless manner.

(l) Whipping under the arch of the sulky, the penalty for which shall be no more than 10 days suspension.

(m) Drivers must set or maintain a pace comparable to the class in which they are racing. Failure to do so by going an excessively slow quarter or any other distance that changes the normal pattern, overall timing, or general outcome of the race will be considered a violation of this Section and the Judges may impose a penalty, which can be a fine, suspension or both.

(n) If in the opinion of the judges any trailing driver who is willing to sit and not make an honest effort to pull out and pass the leading driver they shall then be subject to the same.

Section 2. All complaints by drivers of any foul driving or other misconduct during the heat must be made at the termination of the heat, unless the driver is prevented from doing so by an accident or injury. Any driver desiring to enter a claim of foul or other complaint of violation of the rules, must before dismounting indicate to the judges or Barrier Judge his desire to enter such claim or complaint and forthwith upon dismounting shall proceed to the telephone or Judge's stand where and when such claim, objection, or complaint shall be immediately entered. The Judges shall not cause the official sign to be displayed until such claim, objection or complaint shall have been entered and considered.

Code of Colorado Regulations 44 Section 3. If any of the above violations is committed by a person driving a horse coupled as an entry in the betting, the Judges shall set both horses back, if, in their opinion, the violation may have affected the finish of the race.

Otherwise, penalties may be applied individually to the drivers of any entry.

Section 4. In case of interference, collision, or violation of any of the above restrictions, the offending horse may be placed back one or more positions in that heat or dash, and in the event such collision or interference prevents any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings; and the driver may be fined not to exceed the amount of the purse or stake contended for, or maybe suspended or expelled. In the event a horse is set back, under the provisions hereof, he must be placed behind the horse with whom he interfered.

Section 5. (a) Every heat in a race must be contested by every horse in the race and every horse must be driven to the finish. If the Judges believe that a horse is being driven, or has been driven, with design to prevent his winning a heat or dash which he was evidently able to win, or is being raced in an inconsistent manner, or to perpetrate or to aid a fraud, they shall consider it a violation and the driver and anyone in concert with him, to so affect the outcome of the race or races, may be fined, suspended, or expelled. The Judges may substitute a competent and reliable driver at any time. The substitute driver shall be paid at the discretion of the Judges and the fee retained from the purse money due the horse, if any.

(b) In the event a drive is unsatisfactory due to lack of effort or carelessness, and the Judges believe that there is no fraud, gross carelessness, or a deliberate inconsistent drive they may impose a penalty under this sub-section not to exceed ten days suspension, or a $100.00 fine.

Section 6. If in the opinion of the Judges a driver is for any reason unfit or incompetent to drive or refuses to comply with the directions of the Judges, or is reckless in his conduct and endangers the safety of horses or other drivers in the race, he may be removed and another driver substituted at any time after the positions have been assigned in a race, and the offending driver shall be fined, suspended or expelled. The substitute driver shall be properly compensated.

Section 7. If for any cause other than being interfered with or broken equipment, a horse fails to finish after starting in a heat, that horse shall be ruled out.

Section 8. Loud shouting or other improper conduct is forbidden in a race.

After the word “go” is given, both feet must be kept in the stirrups until after the finish of the race.

Section 9. Drivers will be allowed whips not to exceed 4 feet, 8 inches, plus a snapper not longer than 8 inches.

Section 10. The use of any goading device, chain or mechanical devices or appliances, other than the ordinary whip or crop upon any horse in any race shall constitute a violation of this rule.

Section 11. The brutal use of a whip or crop or excessive or indiscriminate use of the whip or crop shall be considered a violation and shall be punished by a fine of not to exceed $100.00 or suspension.

Section 12. No horses shall wear hopples in a race unless he starts in the same in the first heat, and having so started, he shall continue to wear them to the finish of the race, and any person found guilty of removing or altering a horse's hopples during a race, or between races, for the purpose of fraud, shall be suspended or expelled. Any horse habitually wearing hopples shall not be

Code of Colorado Regulations 45 permitted to start in a race without them except by permission of the Judges. Any horse habitually racing free legged shall not be permitted to wear hopples in a race except with the permission of the Judges. No horse shall be permitted to wear a head pole protruding more than 10 inches beyond its nose.

Section 13. Breaking. —

(a) When any horse or horses break from their gait in trotting or pacing, their drivers shall at once, where clearance exists, take such horse to the outside and pull it to its gait.

(b) The following shall be considered violation of Section 13 (a):

(1) Failure to properly attempt to pull the horse to its gait.

(2) Failure to take to the outside where clearance exists.

(3) Failure to lose ground by the break.

(c) If there has been no failure on the part of the driver in complying with 13(b), (1), (2), and (3), the horse shall not be set back unless a contending horse on his gait is lapped on the Hindquarter of the breaking horse at the finish.

(d) The Judges may set any horse back one or more places if in their judgment any of the above violations have been committed.

Section 14. If in the opinion of the Judges, a driver allows his horse to break for the purpose of fraudulently losing a heat, he shall be liable to the penalties elsewhere provided for fraud and fouls.

Section 15. To assist in determining the matters contained in Sections 13 and 14, it shall be the duty of one of the Judges to call out every break made, and the clerk shall at once note the break and character of it in writing.

Section 16. The time between separate heats of a single race shall be no less than 40 minutes. No heat shall be called after sunset where the track is not lighted for night racing. The time between races shall not exceed thirty (30) minutes.

Section 17. Horses called for a race shall have the exclusive right of the course, and all other horses shall vacate the track at once, unless permitted to remain by the Judges.

Section 18. In the case of accidents, only so much time shall be allowed as the Judges may deem necessary and proper.

Section 19. A driver must be mounted in his sulky at the finish of the race or the horse must be placed as not finishing.

Section 20. It shall be the responsibility of the owners and trainer to provide every sulky used in a race with single color or colorless wheel discs on the inside and outside of the wheel of a type approved by the Commission. In his discretion, the Presiding Judge may order the use of mudguards.

Section 21. Limitations on the Use of Hand Holders. — Drivers shall not put their hands and wrists through the hand-holders while competing in races.

Code of Colorado Regulations 46 Section 22. Driving Lines. — Driving lines shall not be tied nor buckled together while competing in races.

Section 23. Any violation of any sections of Rule 18 above, unless otherwise provided, may be punished by a fine or suspension, or both, or by expulsion.

RULE 19. — CONDUCT OF RACING.

Section 1. No owner, trainer, driver, attendant of a horse, or any other person shall use improper language to an official or member or employee of the Colorado Racing Commission, or be guilty of improper conduct toward such officers or judges, or persons serving under their orders.

Section 2. No owner, trainer, driver, or attendant of a horse, or any other person, at any time or place shall commit an assault, or an assault and battery, upon any driver who shall drive in a race, or shall threaten to do bodily injury to any such driver or shall address to such driver language outrageously insulting.

Section 3. If any owner, trainer, or driver of a horse shall threaten or join with others in threatening not to race, or not to declare in, because of the entry of a certain horse or horses, or a particular stable, thereby compelling or trying to compel the Race Secretary to reject certain eligible entries it shall be immediately reported to the Judges and the offending parties may be suspended pending a hearing and thereafter if said action was unjustified.

Section 4. No owner, agent or driver who has entered a horse shall thereafter demand of the track a bonus of money or other special award or consideration as a condition for starting the horse.

Section 5. No owner, trainer or driver of a horse shall bet or cause any other person to bet on his behalf on any other horse in any race in which there shall start a horse owned, trained, or driven by him, or which he in anywise represents or handles or in which he has an interest. No such person shall participate in exacta, quinella, or other multiple pools wagering on a race in which such horses starts other than the daily double.

Section 6. Duty to Report Fraudulent Proposal. — If any person shall be approached with any offer or promise of a bribe, or a wager or with a request or suggestion for a bribe, or for any improper, corrupt of fraudulent act in relation to racing, or that any race shall be conducted otherwise than fairly and honestly, it shall be the duty of such person to report the details thereof immediately to the Presiding Judge.

Section 7. Any misconduct on the part of a licensee fraudulent in its nature or injurious to the character of the turf, although not specified in these rules, is forbidden. Any person or persons who, individually or in concert with one another, shall fraudulently and corruptly, by any means affect or attempt to affect the outcome of any race or affect or attempt to affect a false registration or commit any other act injurious to the sport, shall be guilty of a violation.

Section 8. If two or more persons shall combine and confederate together in any manner, regardless of where the said persons may be located, for the purpose of violating any of these rules and shall commit some act in furtherance of the said purpose and plan, it shall constitute a conspiracy and a violation.

Section 9. In any case where an oath is administered by Judges, representative of this Commission, or a Notary Public, or any other person legally authorized to administer oaths, if the party knowingly swears falsely or withholds information pertinent to the investigation, he shall be fined, suspended, or both, or expelled.

Code of Colorado Regulations 47 Section 10. Nerved Horses. — All horses that have been nerved shall be so designated on the United States Trotting Association registration certificate and the eligibility certificate and are certified by a practicing veterinarian. It is the responsibility of the owner of the horse at the time the horse is nerved to see that this information is placed on the registration certificate and the eligibility certificate. All horses that have been nerved prior to the adoption of this rule must also be certified and it will be the responsibility of the owner or trainer of such horse to see that such information is carried on the registration certificate. No trainer or owner will be permitted to enter or start a horse that is high nerved. Low nerved horses may be permitted to start providing this information is published on the bulletin board in the Racing Secretary's office.

Section 11. Spayed Mares. — The fact that a mare has been spayed must be noted on the Registration certificate, the Eligibility Certificate and any program when such mare races. It shall be the owner's responsibility to report the fact that the mare has been spayed to the United States Trotting Association and return its papers for correction.

Section 12. Any violation of any of the provisions of this rule shall be punishable by a fine, suspension or both, or by expulsion.

Section 13. No owner, trainer, driver, attendant or other person representing a horse, which has previously tested positive for Equine Infections Anemia shall knowingly cause said horse to be declared in any race; and no owner, trainer, driver, attendant or other person shall seek to bring about the transfer of such a horse without first notifying the prospective purchaser or transferee of the fact that the horse had previously tested positive for Equine Infections Anemia.

RULE 20. STIMULATION, DEPRESSANTS, LOCAL ANESTHETICS: PROCEDURES & PENALTIES ILLEGAL PRACTICES AND RESPONSIBILITY.

Section 1. No horse to which has been administered any forbidden narcotic, stimulant, depressant, or local anesthetic shall be eligible to start.

Section 2. A forbidden narcotic is a narcotic, the sale, possession or use of which is prohibited by Federal, State or local laws or regulations.

Section 3. A stimulant, a depressant, a local anesthetic shall mean such substances as are commonly used by the medical or veterinary profession to produce such effects, and which are defined as such in accepted scientific publications.

PROCEDURES & PENALTIES

Section 4. Urine, blood and other specimens shall be taken and tested from such horses as the Stewards of the meeting of the Commission's representatives may designate. Such tests are to be under the supervision of the Commission. The specimens shall be collected by the Veterinarian or such other person or persons as the Commission may designate.

Section 5. Should the laboratory analysis of saliva, urine or other sample taken from a horse indicate the presence of a forbidden narcotic, stimulant, depressant or local anesthetic, such shall be deemed evidence that the trainer of the horse is responsible for the administration of said drug. When the results of a positive analysis are received from the State Chemist, the Stewards of their representatives shall immediately conduct a thorough investigation of the incident so as to determine who is responsible for the administration of said drug. Pending the Stewards formal hearing the Stewards may make such temporary order with regard to suspension of trainer, groom, owner or other persons as will protect the public. Said order shall be effective for a period not to exceed 14 days. Within three days of the receipt of the positive from the State Chemist, the Stewards shall hold a formal hearing to establish responsibility for the administration of said drug. At said hearing and any hearing before the Commission the trainer of said horse shall be deemed

Code of Colorado Regulations 48 responsible as set forth herein. Unless other evidence of sufficient credibility and weight is presented, the Stewards may make a finding in accordance with said evidence. If the Stewards or Commissioners are of the opinion that the evidence proves the trainer is without fault and is blameless in connection with the administration of said drug, the Stewards or Commissioners shall exonerate the trainer completely. The Stewards or Commissioners shall make such order or orders suspending or fining, or both, the person or persons found responsible, after the formal hearing, for the administration of said drug. The owner of such horse shall not participate in the purse distribution of that race.

Section 6. The owner, trainer, groom or any other person having charge, custody or care of the horse is obligated to protect the horse properly and guard it against such administration, or attempted administration, and if the Stewards shall find that any such person has failed to show proper protection and guarding of the horse, or if the Stewards find that any owner or trainer is guilty of negligence with respect thereto, they shall impose such punishment and take such other action as they deem proper under any of the rules including reference to the Commission.

Section 7. The owner or owners of a horse so found to have received such administration shall be denied or shall promptly return any portion of the purse or sweepstakes together with any trophy in such race and the same shall be distributed as in the case of a disqualification. If a horse shall be disqualified in a race because of this rule the eligibility of other horses which ran in such race and which have started in a subsequent race before announcement of such disqualification shall not in any way be affected.

Section 8. Any portion of the purse, if not already paid, which is to be redistributed in accordance with the provisions of this Section shall be held until such redistribution is approved by the Commission. This rule shall apply only to the amount payable to the owner or owners of the disqualified horse and shall not prevent payment due other horses in the race pending approval of the Commission.

Section 9. Hearings concerning the violation of Medication and Stimulation rules shall be held by and before the Board of Stewards, a hearing officer, or the Commission.

Section 10. The owner, trainer, or authorized representative shall be present in the testing area when a urine or other specimen is taken from his horse and shall remain until the sample tag is signed by the owner, trainer, or authorized representative, as witness to the taking of the specimen.

Section 11. Willful failure to be present at or a refusal to allow the taking of any such specimen or refusal to sign the specimen tag to the taking of a specimen, or any act or threat to impede or prevent or otherwise interfere therewith shall be reported to the Stewards who shall subject the person or persons guilty thereof to immediate suspension by the Stewards of the meeting and the matter shall be referred to the Commission for such further action as in its discretion it may determine.

Section 12. The representative of the Commission may take for analysis samples of any medicine or other materials suspected of containing improper medication or drugs which could affect the racing conditions of a horse in a race, which may be found in the track area or in the possession of any person connected with racing on such tracks.

Section 13. Every owner, trainer, or authorized agent shall immediately whenever requested by the Commission, submit any horse or horses of which he is the owner, authorized agent, or trainer, to the Commission Veterinarian for such examination or tests as said Veterinarian may deem advisable.

Section 14. Any test or examination made by the Veterinarian designated by the Commission may be witnessed by the Commission or any of its representatives and by the owner or his authorized agent or by the trainer of the horse or horses so examined or tested.

Code of Colorado Regulations 49 Section 15. Every Association, the Commission and the Stewards, or any of them, shall have the right to permit a person or persons authorized by any of them to enter into or upon the buildings, rooms or other places within the track enclosure of such an Association and to examine the same and to inspect and examine the personal property and effects of any person within such place; and every person who has been granted a license, by the Commission, by accepting his license, does consent to search and seizure of any such hypodermic syringes, hypodermic needles or other devices, and any drugs, stimulants, narcotics, depressants, or local anesthetics apparently intended to be or which could be used in connection therewith so found.

Section 16. Any person found guilty by the Commission of any participation in or knowledge of the fact that any drug, narcotic, stimulant, depressant, local anesthetic or any electrical, mechanical or other application has been used which in the opinion of the Stewards, is of such a character as could affect the racing condition of such a horse in a race, may be ruled off all tracks in Colorado.

ILLEGAL PRACTICES AND RESPONSIBILITY

Section 17. Nothing herein contained under any of the Rules of this Section shall alter or diminish the power of the Commission to review or originate action in any case covered by any of the rules set forth in this section.

Section 18. No person within the track enclosure of a horse racing association licensed by the Commission shall have in or upon the premises which he occupies or controls or has the right to occupy or control within said track enclosure or in his personal property or effects within said track enclosure any hypodermic syringe, hypodermic needle, or other device which could be used for the injection or other infusion into a horse of a drug, stimulant, narcotic, depressant, or local anesthetic. Every association licensed by the Commission is required to use all reasonable efforts to prevent the violation of this rule.

Section 19. Every association and all officials and employees thereof shall give every possible aid and assistance to any department, bureau, division, officer, agent, or inspector, or any other person connected with the United States Government or with the State of Colorado who may be investigating or prosecuting any such person they may suspect of being guilty of possessing any drug, narcotic, stimulant, depressant or local anesthetic, hypodermic syringes, hypodermic needles, or any electrical, mechanical or other device which, in the opinion of the Stewards, is of such a character as could affect the racing condition of a horse in a race.

MEDICATION

Section 20. No substance, compound, element or combination thereof of a medicinal, narcotic, stimulant, depressant or anesthetic quality shall be administered to any horse except authorized medications, which shall be administered only in accordance with the provisions of this rule.

Section 21. The Colorado Racing Commission through its veterinary staff will, from time to time, issue written instructions concerning the use of medications as guidelines to the horsemen as may be applicable.

Section 22. A medication is defined as a substance, compound, element or combination thereof, which is administered to a horse for the purpose of preventing, curing, or alleviating the effects of any disease, condition, ailment, infirmity or symptom thereof.

Section 23. An authorized medication within the meaning of these rules means:

(a) A medication administered by a practicing Veterinarian licensed by the Colorado Racing Commission.

Code of Colorado Regulations 50 (b) A licensed Veterinarian administering any medication or prescribing medication other than hypodermic medication must report the same upon forms furnished by the Colorado Racing Commission, to the Commission Veterinarian, or his authorized Assistant Veterinarian.

(c) From these reports the Commission Veterinarian will determine whether the medication administered is in compliance with the instructions set forth, and the Rules of Racing.

(d) If a reported medication is not in compliance with the instructions set forth and the Rules of Racing the Commission Veterinarian shall declare said medication to be unauthorized, and the horse so medicated must be scratched from any entry to a race, and the horse may be placed upon the Vet list.

(e) Any unreported medication is deemed an unauthorized medication.

Section 24. The Commission, for good cause, may forbid the use of any medication. Thereafter, such medication shall not be used for official workouts or races.

Section 25. Before the workout of any horse using authorized medication may be declared an official workout and be approved for publication the following must be complied with:

(a) Trainer shall notify the Commission Veterinarian of time of workout.

(b) Trainer shall notify Commission Veterinarian of medications being used and secure prior approval from Commission Veterinarian to use the same.

(d) Medication used shall be consistent with previous conditioning of the horse.

Section 26. The Commission Veterinarian shall have authority to require a horse to continue to use any particular medication during official work-out or races, if in his opinion such is necessary to assure consistency of effort of the horse.

Section 27. Minor medication, as determined by the Commission Veterinarian, is excluded from the operation of these rules.

Section 28. Any licensed person administering any medication not in compliance with these rules will be subject to a fine, or suspension, or both.

Section 29. When the report of an analysis is received from the State Chemist that the urine, saliva or other body fluids taken from a horse contain an unauthorized medication, the owner of said horse shall not participate in the purse distribution of that race, and a re-distribution of that purse shall be ordered by the Board of Stewards and the horse placed last. However, should evidence of sufficient credibility and weight be presented that, in the opinion of the Stewards or the Commission, proves that the trainer is without fault and is blameless in the administration of said unauthorized medication, the trainer shall be exonerated completely.

DEATH OR EUTHANASIA OF A HORSE

Section 30. If a racing horse dies or is euthanized, this will be reported to the Commission Veterinarian who shall note such death on the face of the registration of foal certificate papers, and cause such papers to be sent to the official registration office for that breed.

RULE 21. — FINES, SUSPENSIONS AND EXPULSION.

Code of Colorado Regulations 51 Section 1. Fines — Suspension Until Paid. — All persons who shall have been fined under these rules shall be suspended until said fine shall have been paid in full.

Section 2. Recording and Posting Penalties. — Written or printed notice thereof shall be delivered to the person penalized, notice shall be posted immediately at the office of the track and notice shall be forwarded immediately to the office of this Commission and a copy to the U.S.T.A. by the Presiding Judge or Clerk of the Course.

Section 3. Effort of Minor Penalty on Future Engagements. — Where the penalty is for a driving violation and does not exceed in time a period of 5 days, the driver may complete the engagement of all horses declared in before the penalty becomes effective. Such driver may drive in Stake, Futurity, Early Closing and Feature races, during a suspension of 5 days or less but the suspension will be extended one day for each date he drives in such a way.

Section 4. Effect of Suspension Penalty. — Whenever the penalty of suspension is prescribed in these rules it shall be construed to mean an unconditional exclusion and disqualification from the time of receipt of written notice of suspension from any participation either directly or indirectly, in the privileges and uses of the course and grounds of a track during the progress of a race meeting, unless otherwise specifically limited when such suspension is imposed, such as a suspension from driving.

No entry shall be accepted for any horse when all or part of the ownership interest of that horse is held by a person disqualified under the Colorado Racing Law or under these rules. A spouse of a disqualified person may enter a horse previously registered in his or her name, but provided that a transfer of interest from a disqualified spouse to the non-offending spouse on or after the date of violation giving rise to the disqualification shall be prima facie evidence of Intent to circumvent this rule, and the non-offending spouse shall not be allowed to enter the horse so transferred.

Section 5. Effect of Penalty on Horse. — No horse shall have the right to compete while owned or controlled wholly or in part by a suspended, expelled, disqualified or excluded person. An entry made by or for a person or a horse suspended, expelled or disqualified, shall be held liable for the entrance fee thus contracted without the right to compete unless the penalty is removed. A suspended, disqualified or excluded person who shall drive, or a suspended or disqualified horse, which shall perform in a race, shall be fined, suspended or expelled.

Section 6. Fraudulent Transfer. — The fraudulent transfer of a horse by any person or persons under suspension or to whom a notice of a hearing, a show cause order or a citation has been issued, in order to circumvent said suspension, shall constitute a violation.

Section 7. Suspended Person. — Any track willfully allowing a suspended, disqualified or excluded person to drive in a race or a suspended or disqualified horse to start in a race or a performance against time, after notice, shall be together with its officers, subject to a fine for each offense or suspension or expulsion.

Section 8. Any track willfully allowing the use of its track or grounds by an expelled or unconditionally suspended person or horse, after notice, shall together with its officers, be subject to a fine for each offense, or suspension or expulsion.

Section 9. Whenever a person is excluded from a pari-mutuel track by the track, this Commission shall be notified.

Section 10. An expelled, suspended, disqualified or excluded person cannot act as an officer of a track. A track shall not, after receiving notice of such penalty, employ or retain in its employ an expelled, suspended, disqualified or excluded person at or on the track during the progress of a race meeting. Any track found violating this rule shall be fined.

Code of Colorado Regulations 52 Section 11. All penalties imposed by the United States Trotting Association or the Racing Commissions of the various states shall be recognized and enforced by this Commission unless application is made for a hearing before this Commission wherein the applicant must show cause as to why such penalty should not be enforced against him in this state.

RULE 22. — PROTESTS.

Section 1. Protests. — Protests may be made only by an owner, manager, trainer or driver of one of the contending horses, at any time before the winnings are paid over, and shall be reduced to writing, and swom to, and shall contain at least one specific charge, which, if true, would prevent the horse from winning or competing in the race.

Section 2. The Judges shall in every case of protest demand that the driver, and the owner or owners, if present, shall immediately testify under oath; and in case of their refusal to do so the horse shall not be allowed to start or continue in the race, but shall be ruled out, with a forfeit of entrance money.

Section 3. Unless the Judges find satisfactory evidence to warrant excluding the horse, they shall allow him to start or continue in the race under protest, and the premium, if any is won by that horse, shall be held by the Horseman's bookkeeper to allow the parties interested an opportunity to sustain the allegation of the protest.

Section 4. Any person found guilty of protesting a horse falsely and without cause, or merely with intent to embarrass a race, shall be punished by a fine not to exceed $250.00 or by suspension or expulsion.

Section 5. Nothing herein contained shall affect the distribution of the pari-mutuel pools at tracks where pari-mutuel wagering is conducted, when such distribution is made upon the official placing at the conclusion of the heat or dash.

Section 6. In case of an appeal or protest, the purse money affected will be held by the Horseman's bookkeeper pending the decision of the appeal.

Section 7. Any Judge may be suspended for refusal to accept a protest.

Section 8. Failure to make a protest prior to the running of a race when the protestor has knowledge of the basis of a protest prior to the running of said race may constitute a waiver on the discretion of the Judges or this Commission if the protest would have prevented an ineligible horse from racing.

RULE 23. — APPEAL AND REVIEW.

Section 1. Any fine or suspension imposed by the Board of Stewards upon any licensee shall have the right of appeal to the Colorado Racing Commission under the outlined conditions.

Section 2. Hearing before the Commission or a hearing officer appointed by the Commission, shall be held in any of the following instances:

(a) Where the Commission shall order said hearing.

(b) Where any person shall be aggrieved by the action and order of the Stewards. Such appeal shall not affect such decision until the appeal has been acted upon by the Commission or a hearing officer appointed by the Commission, unless otherwise ordered by a court of competent jurisdiction.

Code of Colorado Regulations 53 (c) Whenever the Stewards shall recommend imposing a fine in excess of $500 or suspension of the privileges of a license for longer than 14 days. Such appeal shall not affect such decision until the Commission has acted upon the appeal.

Section 3. Notice shall be in accordance with Law.

Written notice of the hearing shall be sent to those persons who may be the subject of disciplinary action. Said notice shall be sent to the last known address of the person by registered or certified mail. A statement of the action to be taken and the basis therefore shall be given as provided by law.

Section 4. Hearings under Section 2 (a) shall be held at such time as the Commission shall order.

Hearings under Section 2 (b) shall be held not later than 30 days after the date of the announcement of the order of Stewards. Any person entitled to such hearing shall file with the Commission written notice of request for such hearing within 10 days of the announcement of the action or ruling sought to be appealed or such other time as shall be specifically provided by any rule, or he shall be deemed to have waived forever his right to such hearing.

Hearings under Section 2 (c) shall be held within 60 days after the date of the announcement of the order of the Stewards. Any person entitled to such hearing shall file with the Commission written notice of request for such hearing within 10 days of the announcement of the action or ruling sought to be appealed or such other time as shall be specifically provided by any rule, or he shall be deemed to have waived forever his right to such hearing.

Section 5. Hearings shall be held at such times and places as the Commission shall determine.

Section 6. Whenever a person shall be aggrieved by the action of a racing official other than the Stewards, and they wish to appeal such action, they will, within 24 hours, make their appeal to the Board of Stewards and, after being heard by the Board of Stewards, they are not satisfied with the Stewards' decision, they may appeal to the Colorado Racing Commission as set forth in Section 2 (b) and Section 4.

Section 7. Appeal to the U.S.T.A. — Any person desiring to appeal to the U.S.T.A. under its rules may do so. Such appeal, however, cannot vary or change any rule or decision of the Colorado Racing Commission.

RULE 24. — TIME AND RECORDS.

Section 1. Timing Races. — In every race, the time of each heat shall be accurately taken by three Timers or an approved electric timing device, in which case there shall be one Timer, and placed in the record in minutes, seconds and fifths of seconds, and upon the decision of each heat, the time thereof shall be publicly announced or posted. No unofficial timing shall be announced or admitted to the record, and when the Timers fail to act no time shall be announced or recorded for that heat.

Section 2. Error in Reported Time. — In any case of alleged error in the record, announcement or publication of the time made by a horse, the time so questioned shall not be changed to favor said horse or owner, except upon the sworn statement of the Judges and Timers who officiated in the race.

Section 3. Track Measurement Certificate. — In order that the performance thereon may be recognized and/or published as official every track not having done so heretofore shall forthwith cause to be filed with the Colorado Racing Commission the certificate of a duly licensed civil engineer or land surveyor that he has measured the said track from wire to wire three feet out from the pole or

Code of Colorado Regulations 54 inside hub rail thereof and certifying in linear feet the result of such measurement. Each track shall be measured and recertified in the event of any changes or relocation of the hub rail.

Section 4. Time for Lapped on Break. — The leading horse shall be timed and his time only shall be announced. No horse shall obtain a win race record by reason of the disqualification of another horse unless a horse is declared a winner by reason of the disqualification of a breaking horse on which he was lapped.

Section 5. Time for Dead Heat. — In case of a dead heat, the time shall constitute a record for the horses making a dead heat and both shall be considered winners.

Section 6. Timing Procedure. — The time shall be taken from the first horse leaving the point from which the distance of the race is measured until the winner reaches the wire.

Section 7. Any person who shall be guilty of fraudulent misrepresentation of time or the alteration of the record thereof in any public race shall be fined, suspended, or expelled, and the time declared not a record.

Section 8. Time Performances. — Time performances are permitted subject to the following:

(a) Urine and saliva tests are required for all horses starting for a time performance.

(b) An approved electric timer is required for all time performances. In the event of a failure of a timer during the progress of a time performance no time trial performance record will be obtained.

(c) Time trial performances are permitted only during the course of a regular meeting with the regular officials in the Judges' stand. Time trial performances may be permitted by the Commission immediately prior to or following a regularly scheduled meeting providing a full complement of licensed officials are in the Judge's Stand and provided a separate application is filed with the Commission, thirty days in advance, listing the officials and the number of days requested.

(d) Time trial performances are limited for two-year-olds who go to equal or to beat 2:10, and three-year-olds and over who go to equal or beat 2:05.

(e) In any race or performance against time excessive use of the whip shall be considered a violation.

(f) Any consignor, agent or sales organization or other person may be fined or suspended for selling or advertising a horse with a time trial record without designating it as a time trial.

(g) Time trial performance records shall not be included in the performance lines in a race program.

(h) Time trial performances shall be designated by preceding the time with two capital Ts.

(i) When a horse performs against time it shall be proper to allow another horse or horses to accompany him in the performance but not to precede or to be harnessed with or in any way attached to him.

(j) A break during a Time Trial is a losing effort and a losing performance shall not constitute a record.

Code of Colorado Regulations 55 Section 9. There shall be three judges in the stand during each performance, which shall not act as official timers.

Section 10. In performances against time the horse must start to equal or beat a specified time, and a losing performance shall not constitute a record.

Section 11. Number of Trials. — In performances against time, starters shall be entitled and limited to three trials and the fast winning time made by him shall be his record.

RULE 25. — POST TIME AND HEAD NUMBERS

Section 1. Post Time. — In the event that racing pursuant to the hours prescribed by the license for the meeting is conducted at night or twilight, the racing program must be completed no later than 12:00 o'clock midnight.

(See Sunday Post Time — Rule 4 Section 42.)

Post time for the first race of the evening may be fixed by the Licensee. A delay in the first post of not more than ten minutes from such established post time may be taken without prior approval of the Commission.

Section 2. Head Number and Saddle Pads. — Each competing horse shall be equipped with numbers of style, type and design approved by the Commission or its representatives. Numbers shall be so arranged that coupled entries may be distinguished as such and also horses coupled in the field as such.

RULE 26. — NUMBER OF RACES.

Unless approved by the Commission, no Licensee shall hold or run off in any one program less than 8 (eight) not more than a total of 11 (eleven) races.

RULE 27. — ADMISSION TO PARTS OF PREMISES.

No person other than members, officers, and employees of the Commission, racing officials and police officers shall be permitted to enter any part of the licensed premises, except the Club House, Grandstand, or other areas open to patrons or the general public, unless he possesses and displays a badge or an identification card; countersigned by the Commission, the designated representative of the Commission or track manager, bearing his name, address, and photograph authorizing his admittance thereto, or possesses or displays a temporary identification permit countersigned by the Commission, the designated representative of the Commission or track manager to enter the particular area.

Only the following listed persons shall be entitled to enter the stable area of a licensee: Members, Officers and employees of the Commission, Management and employees of Management performing duties therein, Racing Officials, Police Officers, Owners, Trainers, Grooms and others who perform official duties in the stable area.

Any person violating this rule may be evicted from the licensed premises by the licensee and thereafter denied admission as a patron or otherwise to any portion of the licensed premises.

RULE 28. — CORRUPT OR FRAUDULENT PRACTICE.

If any person under the jurisdiction or control of the Commission shall be approached with any offer or promise of a bribe or with a request or suggestion for a bribe or for any improper, corrupt or fraudulent act or practice in relation to a race or racing, or that any race shall be conducted otherwise than fairly in

Code of Colorado Regulations 56 accordance with the rules of this Commission, it shall be the duty of such person to report immediately such matter to the Colorado Racing Commission or to one of its appointed representatives.

Any person found to have violated any provision of the preceding paragraphs of this rule shall be subject to suspension for a period of not less than 30 days to a lifetime suspension.

If any person shall be guilty of or shall conspire with any other person for the Commission of any corrupt or fraudulent practice in relation to racing in this State, such person or persons shall be suspended and his case referred to the Commission. The Commission shall make the final disposition of the case or cases.

RULE 29. — DRIVERS STAND.

Section 1. Every licensee conducting pari-mutuel betting shall provide a stand, located conveniently to the gate through which horses enter the track at the beginning of a race, for drivers who are not competing in a particular race and who are wearing colors.

RULE 30. — VETERINARIAN.

Section 1. All veterinarians shall be licensed to practice under the laws of Colorado.

Section 2. State Veterinarian. — Shall be in the paddock 90 minutes prior to post time of the first race and he shall inspect each entrant. If, in his opinion, any entrant is not in condition to race, he shall immediately notify the Judges. The Judges will immediately order the horse scratched and the public will be notified of such scratch. The horse will automatically go on the Veterinarian's List and remain there until cleared by the Commission Veterinarian who will notify the Racing Secretary and the Judges that the horse is again fit to compete.

Section 3. No Veterinarian employed by the Commission or by any Association shall be permitted, during the period of his employment, to treat or prescribe for any horse on the grounds or registered to race at any race track, for compensation or otherwise, except in case of emergency, in which case a full and complete report shall be made to the Stewards. No owner or trainer shall employ or pay compensation to any such veterinarian, either directly or indirectly, during the period for which he is so employed by the Commission or an Association.

Section 4. All horse tracks licensed by the Colorado Racing Commission must employ, at the track's expense, a qualified track veterinarian when that position has not been filled by the Racing Commission.

Section 5. The entry of any horse which has been excused by the Commission or State Veterinarian from starting on account of physical disability or sickness shall not be accepted until the expiration of four (4) calendar days after the day the horse was excused.

Section 6. The Commission Veterinarian may place a horse in isolation or rule off a horse that has symptoms of a chronic illness, or a horse that has proven itself to be unmanageable, caused by medical reasons. Should the Commission Veterinarian permanently bar a horse from racing, then it shall be reported to the Board of Stewards and a ruling will be written against such horse and the reason for barring a horse must be noted upon the horse's registration papers.

Section 7. A pre-race inspection will be made by the Commission Veterinarian and his staff of all horses stabled on the grounds of the association.

Section 8. If, for any reason, a horse is required to be destroyed while in the paddock or on the track, the veterinarian employed by the Colorado Racing Commission shall perform the execution by the injection of poison, and by no other method. The act of execution shall not take place in view of

Code of Colorado Regulations 57 the public. The permission of the owner or his agent must be obtained before the horse is executed.

A horse's death at a licensed racetrack must be reported to the State Veterinarian immediately. A postmortem may be performed by a certified veterinarian or State Veterinarian at the discretion of the Commission Veterinarian.

Section 9.

(a) No horse will be allowed at the track, entered or permitted to start unless a current, valid Health certificate covering said horse is on file with the Racing Secretary. The Health Certificate is valid when it is made by an accredited veterinarian licensed by the state authority which governs licensing veterinarians in the state where the examination and certificate were made. It is current if it is not dated more than 10 days prior to the date the horse described on the certificate arrives at a race track for the first time in a calendar year, and any time he is shipped thereafter. This means a horse requires a new Health Certificate each time he is shipped. The certificate shall include the temperature of the horse at the time he was examined.

The racing association conducting a race meeting is responsible for compliance with this rule.

Section 9.

(a) (1) All horses entering Centennial Turf Club, Inc. shall be required to show evidence of a negative Coggins Test taken within one (1) year or shall have a test taken and results available within three (3) weeks of arrival at Centennial Turf Club, Inc. Any horse that has a positive test shall be removed from the grounds at Centennial Turf Club, Inc. and shall be quarantined in accordance with the regulations of the Colorado State Department of Agriculture.

(b) When a meeting is in progress, or imminent, the Commission Veterinarian shall post in a conspicuous place rules guaranteeing approved, systematic and effective insect control against flies, mosquitoes, and other insects at all times.

(c) The Commission Veterinarian shall insure that horses are stabled in individual box stalls with separate feeding and watering facilities, and that stables and immediate surrounding area are maintained in an approved sanitary condition at all times, and that satisfactory drainage is provided; also, that manure and other refuse are promptly and properly removed. This rule also applies to off-track facilities.

(d) Veterinarians practicing veterinary medicine on a race track where a race meeting is in progress, or imminent, shall use one time disposable type needles and shall dispose of them in an approved manner. No one except a licensed veterinarian may have a needle or syringe of any kind, type or description on his person or in his custody, control or possession, or in the custody, control or possession of any of his employees.

(e) Paddocks, starting gates and other equipment subjected to contact by different animals must be kept in a clean condition and free of dangerous surfaces by management.

(f) Sterile equipment must be used for collecting material for the saliva test. All types of instruments used on horses, including surgical tattooing, dental and similar items, must be properly cleaned and sterilized by boiling for 15 minutes or autoclaving 15 minutes at 15 pounds pressure before use on each animal.

Code of Colorado Regulations 58 (g) Management shall provide isolation facilities where horses ordered isolated by the approved veterinarian may be kept. Approved sanitary measures shall be instituted in cooperation with the State Livestock Sanitary Division and the Racing Commission shall be kept informed of progress.

(h) Practicing Veterinarian. — All practicing Veterinarians must be licensed by the Colorado Racing Commission. Before such Veterinarian is licensed the Commission Veterinarian must approve him. All practicing Veterinarians shall report treatments given on prescribed forms provided by the Colorado Racing Commission.

RULE 31. — SAFETY AND EQUIPMENT REQUIREMENTS.

Section 1. Racing Associations shall take every reasonable precaution to make their premises safe for the protection of the persons and property of patrons and licensees.

Section 2. Racing Associations shall provide an ambulance with proper attendants for the protection of patrons and racing personnel during the conduct of a race program and during qualifying races.

Section 3. Racing Associations shall provide a horse ambulance for attendance on horses injured on the premises to such an extent as to require this sort of facility.

Section 4. Firearms. — No person shall possess any gun or other type of firearms within the racetrack enclosure except for security personnel authorized by the Commission.

RULE 32. — INSPECTION OF TACK HORSEMEN.

The Colorado Racing Commission or its designated representative shall have the right to permit a person or persons authorized by either of them to enter in or upon the stables, rooms, or other places within the track enclose at which a race meeting is held or other tracks or places where horses are kept, who are eligible to race at said race meeting for the purpose of and to inspect and examine the personal effects, or property within such places of every Trainer, Driver, Stable Forman, Groom, Authorized Agent and Veterinarian, or any of them.

RULE 33. — LICENSING OF RACING PERSONNEL.

Section 1. The following persons, as set forth in Rule 34, Section 4, shall be required to be licensed by the Commission. Forms for application for license will be furnished by the Commission; all such applications shall be reviewed and approved or denied by the Board of Stewards or the Commission, or their agent. All licenses and registrations expire December 31st of each year.

Section 2. Each application shall be checked against the file containing all rulings from all other racing jurisdictions, and no applicant for license shall be licensed who is ruled off, suspended, or otherwise debarred in any other state or jurisdiction that is a member of the National Association of State Racing Commissioners or by the U.S.T.A.

Section 3. All applications for license shall be taken out with (48) forty-eight hours after arrival.

Section 4. The following persons shall be licensed, and at the following fees: Assistant Trainer $10.00 Owner-Driver 15.00 Owner-Driver-Trainer 15.00 Driver 10.00 Driver-Trainer 15.00 Owner-Corporation 6.00 Owner-Trainer 15.00

Code of Colorado Regulations 59 Trainer 10.00 Authorized Agent 6.00 Mutuel Employees (all) 2.00 Partnership 4.00 Plater (Farrier) 2.00 Stable Name 10.00 Veterinarian 2.00 Miscellaneous 2.00

Miscellaneous shall cover all other persons not listed above, who the Commission feel should be licensed for the best interest of racing.

All racing officials as herein defined except state appointed Racing Officials shall also be licensed, the fee for which shall be $2.00.

Section 5. All persons required to be licensed pursuant to the Colorado Racing Act and Rules and Regulations promulgated shall be subject to the following provisions:

(a) They shall be required to hold a current license issued by the Colorado Racing Commission. Such licenses will require the photographing of the licensee annually. In a like manner, everyone will be fingerprinted. After the initial fingerprinting, the licensee may be excused from fingerprinting by direction of the Colorado Racing Commission. Such photographic licenses must be carried at all times and must be shown to any racing official upon request. Failure of a licensee to display such a license upon request shall subject such person to possible revocation of his license and immediate expulsion from the grounds.

(b) All licensed persons are held responsible for the safekeeping of their license. No license shall be transferable and any licensed person who allows another to use his license for the purpose of transferring any of the privileges pertaining thereto shall be suspended from racing. Should a licensee lose his or her license or should a license in some manner be destroyed, such licensee may apply for a duplicate by filing an affidavit in a form required by the Commission and for the payment of $2.00.

Section 5

(c) NOTIFICATION OF CHANGE IN MAILING ADDRESS — It is the duty of each licensee to promptly advise the Commission of any change in his current mailing address.

Section 6. Each association shall deliver to the Commission a complete copy of its initial payroll of each department showing in detail the name of each employee, his duties and number of days employed. Corrections to this initial payroll sheet shall be reported weekly to the Colorado Racing Commission licensing staff.

The departments shall be divided and designated as follows:

(a) General Manager and Office Department

(b) Racing Department

(d) Track Superintendent's Office

(e) Admission Department

Code of Colorado Regulations 60 (f) Concessions

(g) Parking Lot

(h) Security

(i) Publicity

(j) Miscellaneous (including all employees not designated in any other department)

It shall be the duty of each department head to see that each employee is properly licensed within forty- eight (8) hours from the time of employment. Failure to do so by the department head may result in a fine or suspension by the Commission.

Section 7. Any participant who shall accumulate unpaid obligations, or default in obligations, or issue drafts or checks that are dishonored or payment refused, or otherwise display financial irresponsibility reflecting on the sport, may be denied a license or may be suspended on order by the Colorado State Racing Commission. However, the Colorado Racing Commission shall in no way be obliged to collect debts from horsemen or other persons licensed by the Commission.

Section 8. Every licensee, for the best interest of racing, is charged with being financially responsible for debts incurred. The Board of Stewards, being notified of financial irresponsibility by any licensee, may conduct an investigation into the matter, and if the results of such an investigation clearly show a licensee to be irresponsible and remiss concerning his just debts the Board of Stewards shall impose such a ruling as in conformity with the best interest of racing. Any ruling made pursuant to this section shall be subject to Rule 24, Sections 1–6, “Appeal and Review.”

Section 9. No license shall be issued by the Colorado Racing Commission to any person:

(a) Who owns, operates, or has an interest in any bookmaking, pool selling or other illegal enterprise, or who is connected with or associated with any persons engaged in bookmaking, pool selling or other illegal enterprise, provided that in the event such occupation or connection has ceased for a sufficiently long period of time, the Colorado Racing Commission may, in its discretion, issue such license;

(b) Any person having been convicted of a felony within the past ten years may be denied a license and/or excluded from the grounds of an association during the conduct of a race meeting;

(d) Who fails to disclose the true ownership or interest in any and all horses as required by said application;

(e) Who is engaged in any activity or practices which are undesirable or detrimental to the best interests of the public and the sport of horse racing.

(f) Who does not have a horse registered in the Racing Secretary's office to race at that track or who cannot show proof of gainful employment at that track.

(g) The Colorado Racing Commission shall have the power to rule off or suspend any license or revoke the license of any licensee for any of the above reasons.

Code of Colorado Regulations 61 (h) No duel licenses will be issued if, in the opinion of the Stewards or the Commission, there is a conflict of interest in holding more than one license.

Section 10. All applicants for license must have attained the age of 16 years and all applications for license must be completely and correctly filled out and properly signed. (See Rule 5, Section 6.)

Section 11. The Colorado Racing Commission will deem any omission or misrepresentation falsification of such application and sufficient cause for denial of such license.

Section 12. The Commission may suspend any license of that person who is ruled off, suspended, or otherwise disbarred from racing by the Racing Commission or Board of Stewards of the racing jurisdiction of any other state or country or the U.S.T.A. Such action shall be subject to appeal and review under Rule 24 Section 1–6 of these rules and regulations.

Section 13. The Commission may refuse to issue or renew a license or may suspend or revoke a license issued pursuant to the rule, if it shall find that the applicant, or any person who is a partner, agent employee or associate of the applicant, has been convicted of a crime in any jurisdiction, or is or has been associating or consorting with any person who has or persons who have been convicted of a crime or crimes in any jurisdiction or jurisdictions, or is consorting or associating with or has consorted or associated with bookmakers, touts, or persons of similar pursuits, or has himself engaged in similar pursuits, or is financially irresponsible, or has been guilty of or attempted any fraud or misrepresentation in connection with racing, breeding or otherwise, or has violated or attempted to violate any law with respect to racing is any jurisdiction or any rule, regulation, or order of the Commission, or shall have violated any rule of racing which shall have been approved or adopted by the Commission, or has been guilty of or engaged in similar, related or like practices. (See Rule 5 Section 22).

Section 13 A. Inspections and Searches — The Commission or the state stewards investigating for violations of law or the Rules of the Commission, shall have the power to permit persons authorized by either of them to search the person, or enter and search the stables, rooms, vehicles, or other places within the track enclosure at which a meeting is held, or other tracks or places where horses eligible to race at said race meeting are kept, of all persons licensed by the Commission, and of all employees and agents of any race track operator licensed by said Commission; and of all vendors who are permitted by said race track operator to sell and distribute their wares and merchandise within the race track enclosure, in order to inspect and examine the personal effects or property on such persons or kept in such stables, rooms, vehicles, or other places as aforesaid. Each of such licensees, in accepting a license, does thereby consent to such search as aforesaid and waive and release all claims or possible actions for damages that he may have by virtue of any action taken under this rule. Each employee of a licensed operator, in accepting his employment, and each vendor who is permitted to sell and distribute his merchandise within the race track enclosure, does thereby consent to such search as aforesaid and waive and release all claims or possible actions for damages they may have by virtue of any action taken under this rule.

Section 14. The denial of a license by the Colorado Racing Commission or Board of Judges to any applicant has the same force and effect as a ruling for the violation of a racing rule, and the denial of a license by the Colorado Racing Commission for cause will continue in effect until such time as the Colorado Racing Commission shall approve a subsequent application for a license.

Section 15 The Colorado Racing Commission will recognize and will uphold all rulings of every racing jurisdiction that holds membership in the National Association of State Racing Commissioners and the U.S.T.A. However, the Colorado Racing Commission reserves the right to deny any application for a license from any person it considers undesirable regardless of whether he holds a valid license from another racing jurisdiction or the U.S.T.A.

Code of Colorado Regulations 62 Section 16. The holder of a license issued by the United States Trotting Association or a CTA holder of a license issued by the Colorado Racing Commission for the prior year, may be presumed to be qualified to receive a license, all others must be tested by the Board of Judges, or agent of the Commission, at such locations as shall be designated by the Commission as the capability of said applicant for a license to perform the functions required of him. Said tests shall be either in writing or by demonstrations or both and shall be administered in a uniform manner. The cost of said testing shall be borne by the applicant.

Section 17. Partnership. — Every partnership must be registered with the Commission, giving the name and address of every person having any interest in a horse, the relative proportions of such interests and the terms of any sale with contingencies, lease or arrangement must be signed by all the parties or by their authorized agents and be lodged with the Racing Secretary, a copy of which shall be transmitted after the race meeting, to the office of the Colorado Racing Commission. All the partners and each of them shall be jointly and severally liable for all stakes and forfeits.

(a) Each of the partners must be licensed as owner and the rules covering partnerships must be complied with.

(b) The part owner of any horse cannot assign his share, or any part of it, without consent of the other partners, the said consent to be lodged with the Board of Stewards.

(c) For claiming purposes, all partners must sign the claim form or a partnership may designate an authorized agent to sign a claim form. A notarized instrument must be signed by all members of a partnership in the appointment of an authorized agent.

(d) For claiming purposes only, a husband and wife licensed as owners will be considered the same as a partnership.

Section 18. Corporations. — All corporations having any interest in a horse shall file with the Colorado Racing Commission at the time of filing application for an owner's license, a statement in duplicate setting forth the names and addresses of all officers, directors and stockholders of said corporation, together with the amount of the respective holdings of each stockholder and a statement as to whether or not said stock is paid in full, and including the designation of an authorized agent or agents of said corporation. The said statement shall be signed by the president of the corporation, attested to by its secretary and the corporate seal attached.

Said statement shall also contain an affidavit signed under oath by the President and Secretary of the Corporation that no officer, director, or shareholder of the corporation is at that time under suspension by any racing authority or disqualified to be licensed as an owner of any horse by any Commission or Board or the U.S.T.A.

(a) Any transfer of stock of such corporation or change in the officers or directors shall be reported promptly in writing to the Board of Stewards.

(b) All statements of sales and contingencies, or arrangements by partnerships or corporations, shall declare to whom winnings are payable, in whose name the horse shall run, and with whom rests the power of entry or of declaration of forfeit, and a copy of this information shall be transmitted to the Colorado Racing Commission.

(1) For claiming purposes, a corporation must have an authorized agent. A notarized instrument must be signed by the president and secretary of the corporation in the appointment of an authorized agent.

Code of Colorado Regulations 63 (c) In cases of emergency, authority to sign declarations of partnerships may be given to the Racing Secretary by a telegram promptly confirmed in writing.

(d) All horses shall be registered in the name of the real owner or owners with the Racing Secretary of the racing association at which it is intended to race such horses.

Rule 34. (New Rule)

Section 1. WAIVER — The Commission in its discretion may waive, set aside, or modify any rule contained herein when such waiver, setting aside, or modifying of such rule shall be in the best interests of the State of Colorado and the sport of harness racing.

Rule 35.

Section 1. COLORADO HARNESS HORSEMEN'S ASSOCIATION OFFICIAL REGISTRY — The Colorado Harness Horsemen's Association will act as the official registry for Colorado standard bred horses. Before a Colorado bred standard bred horse is eligible for a breeders or stallion award the said breeder must have registered his horse with the Colorado Harness Horsemen's Association.

Rule 36.

Section 1. COLORADO BRED RULE — Beginning with foals of 1976 and thereafter, a Colorado bred horse within the meaning of this section shall be deemed to be a foal dropped in Colorado by a mare registered with the Colorado Harness Horsemen's Association. The mare must be registered by December 15th, preceding the year in which the foal is to be dropped. As of January 1, 1969 all registered Colorado bred horses shall be so identified on racing programs at the various tracks in Colorado.

COLORADO BREEDERS AWARD AND SUPPLEMENTAL PURSE FUND

1. The Colorado Breeders Award and Supplemental Purse Fund shall derive its money from the following sources:

(a) Four percent (4%) of the first $200,000 of daily pari-mutuel wagering receipts on the fair circuit.

(b) The license for the racing of horses will pay to the Commission for the fund one percent (1%) of the daily pari-mutuel handle that exceeds $200,000 but which does not exceed $300,000.

(c) The money derived from all unclaimed pari-mutuel tickets for each race meet shall be paid to the Commission for the fund after a period of one (1) year following the end of each race meet.

2. Method of distributing the funds:

(a) Supplemental Purse Funds (Fair Circuit) —

The four percent (4%) money paid into the fund by the fair circuit tracks will be returned to the track which generated the funds for the purpose of supplementing purses only. This money will be paid to the track at the end of the meet.

Code of Colorado Regulations 64 In order for a fair circuit track to qualify for this four percent (4%) money the track must use five percent (5%) of the mutuel handle of each race for the purse and in addition they must add a minimum of One Hundred Dollars ($100) to each purse, excluding stakes races (i.e., futurities, derbies, maturities).

(b) Breeders Awards —

1. From the one percent (1%) money that is derived from the tracks that handle $200,000 but less than $300,000 this money will be distributed as Breeder and Stallion awards using the following formula:

Using the total handle at the Centennial Turf Club meet, the Rocky Mountain Quarter Racing Association meet and the Colorado Harness Racing Association meet and then using the actual handle from each of those meets arriving at a percentage for each breed (actual handle for each meet — total handle for all three meets = percentage for each breed).

This percentage figure will then be used for each breed (thoroughbred, quarter horse, standard bred and appaloosa) in determining how much money will be given each breed for Breeder and Stallion awards.

2. The money derived from all uncashed tickets will be used for Breeder awards using the following formula:

Horses shall accumulate one (1) point for every ten dollars ($10) of the winning purse at licensed Colorado race tracks excluding the money paid into the purse by the horsemen. The total points earned by each breed will be divided into the total dollars allocated to that breed which equals a value per point and this times the total points earned equals the award to the breeder of the winning Colorado bred horse. (Total points earned — into money allocated for that breed = value per point x total points earned = Breeders Award.)

3. The various breeder associations shall determine the method or methods they wish for the distributions of their allotted funds for Breeder Awards, and their plans or methods will be submitted to the Breeder Award and Supplemental Purse Fund committee in writing by February 1st of each succeeding year beginning in 1977 for review and recommendations to the Commission.

The various breeders association shall set up their own stallion registrations and make a determination as to the manner in which stallion awards will be awarded, and they will submit their plans to the Breeders Award and Supplemental Purse Fund committee for review and recommendations to the Commission.

Each breeding association will submit to the committee the names and addresses of all breeders and stallion award winners by February 1st of each year. The committee after review of the list will submit the final list to the Commission who shall have final authorization, over distribution.

4. Functions of the Associations —

(a) Each association or track shall keep accurate records of Colorado bred horses that win races at their respective tracks as well as money won and will submit these figures to the respective breeders association at the end of the meet.

(b) In mixed races the breed that is the winner of the race will be awarded the money from uncashed tickets including any quinella or exacta tickets.

5. Functions of the Commission —

Code of Colorado Regulations 65 (a) The Commission shall after review and recommendation by the Breeders Award and Supplemental Purse Fund committee issue a voucher to the State Treasurer for the various breeders and stallion awards.

(b) The Commission will issue a voucher to the State Treasurer for monies due the fair circuit tracks with respect to the supplemental money for purses.

(c) Commission personnel will audit all pari-mutuel tickets outs books at the end of each race meet, and again in one year, and will cause the tracks to issue checks equal to the amount of uncashed tickets to the Commission to be deposited in the Breeders Award and Supplemental Purse Fund.

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Editor’s Notes

History

Code of Colorado Regulations 66