Kansas Administrative Code

Kansas horse breeding de- velopment fund, registration and certificate of eligibility fees. (a) Each owner or agent who registers a horse to participate in the Kansas horse breeding development fund or requests the issu- ance of an eligibility certificate shall pay a one- time re…

Registration of horses dropped before January 1, 1990. (a) Any horse dropped before January 1, 1990 may be registered as a Kansas-bred horse if the horse: (1) was domiciled in Kansas before January 1, 1990; and (2)isregisteredwithanationalbreedassociation. (b) Each application sh…

Administration of the Kan- sas horse breeding development fund by the official registering agency. (a) The official registering agency may deny the application for registration of a Kansas-bred or Kansas-domiciled horse or certificate of eligibility of a stallion or a mare if eit…

Registration of Arabian, Ap- paloosa, Paint, and Standardbred horses. (a) Any Arabian, Appaloosa, Paint, or Standardbred horse may be registered into the Kansas-bred pro- gram if the horse is registered with the national breed association. (b) Each person who intends to register …

Live horse racing purse sup- plement fund. (a) The balance of the money credited to the live horse racing purse supplement fund that is subject to distribution pursuant to K.S.A. 74-8767(a)(3), and amendments thereto, shall be apportioned by the commission to purses for the vario…

Kansas horse breeding devel- opment fund, stallion eligibility certificate. (a) Each person who intends to stand a stallion for service in Kansas shall file a written application for certification before the stallion is to stand for service if the stallion’s foals are to be regis…

(Authorized by K.S.A. 1993 Supp. 74-8804, as amended by L. 1994, Ch. 146, Sec. 3; implementing K.S.A. 74-8830; effective, T-112- 2-23-89, Feb. 23, 1989; effective, T-112-6-22-89, June 22, 1989; effective Sept. 4, 1989; amended March 1, 1993; revoked Feb. 13, 1995.)

Kansas horse breeding devel- opment fund, mare eligibility certificate. (a) Each person who intends to breed, or foal, or both, a mare certified in the Kansas-bred program shall file a written application for certification be- fore foaling. (b) The official registering agency may…

Classes of Kansas-bred horses. In order to be eligible to be registered as Kansas- bred, a foal shall be foaled in Kansas. This regulation shall take effect on and af- ter January 1, 1998. (Authorized by K.S.A. 1996 Supp. 74-8804; implementing K.S.A. 74-8830; effective, T-112-2-2…

Kansas horse breeding devel- opment fund, registration of Kansas-bred horses. (a) Each owner, agent, or lessee who in- tends to register a foal as a Kansas-bred foal shall file a verified application for registration with the official registering agency by December 31 of the year…

Registration of Kansas- domiciled horses. (a) Any owner, agent, or les- see of a horse that does not qualify as Kansas-bred as outlined by these regulations may obtain a Kansas-domiciled registration if the official reg- istering agency determines, under guidelines approved by th…

Kansas-certified stallion awards. (a) Any owner, agent, or lessee of a cer- tified Kansas-bred or certified Kansas-domiciled stallion may be eligible to participate in the Kansas-certified stallion awards if both of these criteria are met. (1) Any foal of the Kansas-certified sta…

Kansas-certified mare awards. (a) Any owner, agent, or lessee of a certified Kansas-bred or certified Kansas-domiciled mare may be eligible to participate in the Kansas- certified mare awards if both of these criteria are met. (1) The foal of the Kansas-certified mare is reg- ist…

Kansas-whelped program, cer- tification. (a) Each person who intends to regis- ter a greyhound as a Kansas-whelped greyhound shall meet the following requirements: (1) Within 45 days of the date each female grey- hound is bred, submit a copy of the national grey- hound associatio…

Kansas whelped program, res- ident racing program. (a) Each kennel owner who contracts to provide greyhounds for racing at a Kansas racetrack facility shall maintain a 20 per- cent population of Kansas-whelped greyhounds in the contract kennel. (b) Any racetrack facility may prov…

Greyhound breakage distri- bution for open stakes. (a) Each organization licensee conducting greyhound races shall estab- lish a distinct and separate accounting titled “(or- ganization licensee’s name) breakage open stakes accounting.” (b) Each organization licensee shall submit…

Greyhound breakage distribu- tion for purses. (a) Each organization licensee conducting greyhound races shall create a distinct andseparateaccountingtitled“(organizationlicens- ee’sname)breakagepursesupplementaccounting.” (b) Each organization licensee shall submit a breakage-pur…

Kansas greyhound breeding development fund. (a) The balance of the mon- ey credited to the live greyhound racing purse supplement fund under K.S.A. 74-8747(a)(3), and amendments thereto, shall be apportioned as fol- lows, unless otherwise specified: (1) 80 percent to the Kansas-b…

Driver safety standards. (a) Each driver shall wear a properly fastened safety helmet while driving a horse within the enclosure or while driving a horse in a race. All safety hel- mets shall be of a type and design approved by the commission. (b) Each driver shall have on file a…

Duties of a harness race start- er. (a) The licensed starter shall be in the starting car 15 minutes before the first race. (b) After one or two preliminary warming up scores, the licensed starter shall notify each driver to come to the starting gate. During or before the parade,…

Drivers’ meeting. (a) Before the firstraceatanyharnessmeetisrun,eachofficialand each driver shall meet at a time and place designat- ed by the chief steward to discuss the rules. Each driver shall be notified of the time and place of this meeting in writing. The notice shall be d…

Harness track traffic proce- dure. Each horse meeting another horse on the track shall pass to the left. (Authorized by and im- plementing K.S.A. 1988 Supp. 74-8804(p); effec- tive, T-112-7-27-89, July 27, 1989; effective Sept. 18, 1989.)

Harness racing conduct. (a) A leading horse shall be entitled to any part of the track until a position is selected in the home stretch. (b) No driver in a race shall: (1) Change to the right or left during any part of the race when another horse is so near that, in altering the …

Harness race complaints. (a) Each complaint by a driver of foul driving or oth- 360 RACING AND GAMING COMMISSION 112-14-7 er misconduct during a heat or dash shall be made by the driver at its termination, unless the driver is prevented from making the complaint by an ac- cident …

Unsatisfactory harness race driving. Each heat in a race shall be run by every horse in the race and each horse shall be driven to the finish. If the stewards believe a horse has not been driven in the best interests of racing, the stewards may consider it a violation. In such ca…

Failure to finish a harness race. Each horse that fails to finish after starting in a heat shall be ruled out, unless the failure to finish is caused by interference or broken equip- ment. (Authorized by and implementing K.S.A. Supp. 1988 74-8804(p); effective, T-112-7-27-89, Jul…

Prohibited acts. (a) Loud shout- ing or similar conduct is forbidden in a race. Af- ter the word “go” is given, both feet of the driver shall be kept in the stirrups until after the finish of the race. Each driver shall have both feet in the stirrups when horses are parading to t…

Definitions. (a) “Animal health officer” means the individual employed by the commission pursuant to K.S.A. 1989 Supp. 74- 8806. (b) “Commission” means the Kansas racing commission appointed by the governor pursuant to K.S.A. 1989 Supp. 74-8803. (c) “Executive director” means the…

Application deadlines. (a) Grant proposals from interested applicants shall be solicited by the commission during the end of the precedingcalendar year bypublishingnoticeof the applicationdeadlinesandproceduresintheKansas register 60 days prior to receipt of the funds. (b) Applic…

Application requirements. (a) Each grant application shall include: (1) a summary cover page; (2) a program narrative; (3) a budget narrative; (4) certified assurances; (5) an audit schedule; and (6) a designation of the applicant’s EEO contact. 362 RACING AND GAMING COMMISSION 1…

Application review. (a) Each grant application shall be evaluated using the fol- lowing criteria: (1) the proposal’s compliance with K.S.A. 1989 Supp. 74-8829(b)(5) or K.S.A. 1989 Supp. 74- 8831(b)(2); (2) the quality of the needs assessment and doc- umentation in terms of propos…

Notification of decision. Each applicant applying for grant funds shall be notified in writing of the grant decision not later than 60 days after the date on which the application is re- viewed, except that applicants applying for grant funds pursuant to subsection (b) of K.A.R. …

Reporting requirements. (a) Each grant recipient shall submit to the executive director: (1) bi-annual expenditure reports providing in- formation on expenditures during the previous six-month period; and (2) a program narrative report providing a nar- rative description of progr…

Grant committees.(a)Onecom- mittee of five persons, designated by the executive director, may assist the commission in determin- ing research awards from the Kansas horse breed- ing development fund. The grant committee shall have a membership as follows: (1) One representative o…

Definitions. (a) “Commission” means the Kansas racing commission. (b) “Executive director” means the executive director of the commission. (c)“Hearingbody”meansthecommissionwhen it conducts hearings that are not governed by the Kansas administrative procedure act and the board of…

Evidence. (a) A presiding offi- cer need not be bound by technical rules of ev- idence, but shall give the parties reasonable op- portunity to be heard and to present evidence, and the presiding officer shall act reasonably and without partiality. The presiding officer shall give…

Orders. (a) Within a reasonable time after the hearing, the hearing body shall en- ter a written order. (b) An order shall include a brief statement of the findings of the hearing body and any penalty prescribed. The findings shall be based exclusively upon the evidence of record…

Service of order. (a) Service of an order shall be made upon the party and the party’s attorney of record, if any, by delivering a copy of the order to the person to be served or by mailing a copy of the order or notice to the person at the person’s last known address. (b) Delive…

Fines. Each fine ordered by the stewards and racing judges shall be due and payable in the commission office at the racetrack facility within 72 hours after service of the order imposing the fine, unless otherwise ordered by the stewards and racing judges. (Authorized by K.S.A. 1…

Appeal, stewards’ and racing judges’ hearing. (a) Any order entered by the stewards or racing judges that imposes a fine or suspension shall be subject to appeal to the com- mission. Such an order shall be deemed to be an initial order under the Kansas administrative pro- cedure …

Report of alleged violation. (a) Any person may file a report of alleged violation in any commission office. (b) Any person reporting an alleged violation shall fully execute the report form available in commission offices. Incomplete forms shall not be accepted by commission per…

Notice of alleged violation and hearing. (a) If disposition of the allegation raised in the report may result in a fine, suspension, ex- clusion or expulsion from a racetrack facility, the hearing body shall provide the respondent with reasonable notice of the alleged violation a…

Waiver. Except to the extent pre- cluded by another provision of law, a person may waive any right conferred upon that person by these racing regulations. (Authorized by K.S.A. 1990 Supp. 74-8804; implementing K.S.A. 1990 Supp. 74-8804 and 74-8816 as amended by 1991 SB 375, Sec. …

Informal settlements. Nothing in these racing regulations shall preclude informal settlement of matters that may make a hearing un- necessary. (Authorized by K.S.A. 1990 Supp. 74- 8804; implementing K.S.A. 1990 Supp. 74-8804 and 74-8816 as amended by 1991 SB 375, Sec. 3; effectiv…

Participation by and repre- sentation of respondents. (a) Whether or not participating in person, any respondent who is a natural person may be represented by an attor- 364 RACING AND GAMING COMMISSION 112-16-7 ney licensed to practice law in the state of Kansas in any evidentiar…

Subpoenas, stewards’ and rac- ing judges’ hearings.(a)Anypartytoastewards’ or racing judges’ hearing may request that the ex- ecutive director issue a commission subpoena in accordance with K.S.A. 1990 Supp. 74-8804(d). (b) Subpoenas shall be served by a person des- ignated by th…

Presiding officer. (a) The chief steward or racing judge or chairman of the com- mission or another person designated by the hear- ing body may be the presiding officer. (b) For stewards’ and racing judges’ hearings, if a substitute is required for a presiding officer or other me…

Hearing procedure. (a) The presiding officer shall regulate the course of the proceedings. (b) To the extent necessary for full disclosure of all relevant facts and issues, the presiding officer shall afford to all parties the opportuni- ty to respond, present evidence and argume…

Application procedure, fair association and horsemen’s nonprofit organi- zation applicant. (a) Any fair association, as de- fined in K.S.A. 74-8802(h), and horsemen’s non- profit organization, as provided in K.S.A. 74-8814, as amended, may apply to the commission for an organizat…

Additional information, fair association and horsemen’s nonprofit orga- nization applicant or licensee. Any fair asso- ciation and horsemen’s nonprofit organization applicant or licensee may be required by the commission to submit additional information to facilitate the review o…