BOARD OF HORSE RACING

8.22.1623 BONUS FOR OWNERS OF MONTANA BREDS (REPEALED) (REPEALED)

8.22.202 CITIZEN PARTICIPATION RULES (REPEALED) (REPEALED)

8.22.2301 BOARD ORGANIZATION The Board of Horse Racing adopts and incorporates the organizational rules of the Department of Commerce as listed in chapter 1 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRANS, fr…

8.22.2401 PROCEDURAL RULES The Board of Horse Racing adopts and incorporates the procedural rules of the Department of Commerce as listed in chapter 2 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: Eff. 12/31/72; TRANS, from Dep…

8.22.2402 DEFINITIONS In applying the rules, the following definitions shall apply unless clearly inconsistent with the plain intent of the rule. Singular use of a term shall include the plural, and the masculine gender shall include the feminine, except where a particular contex…

8.22.2403 INSTITUTION OF PROCEEDINGS BY PETITION A hearing may be instituted by: Petition for review by any person who has had a license summarily revoked, suspended or denied or renewal refused by the board or its representatives, except where such person has waived or failed to…

8.22.2404 INSTITUTION OF PROCEEDINGS BY NOTICE A hearing may be instituted by notice from the board or the department in conformity with the Montana Administrative Procedure Act. Hearings will be conducted under the Montana Administrative Procedure Act. Authorizing statute(s): 23…

8.22.2405 INTERVENTION Any person having an interest in the subject matter of any proceeding may petition for leave to intervene in such proceeding and may become a party thereto, if the board finds that such person may be bound by the order to be entered in the proceeding or tha…

8.22.2406 WHO MAY APPEAR Each party may be represented by counsel. Any individual may appear for himself, and any member of a partnership which is a party may appear for such partnership. An officer or an employee of a corporation, association, partnership or of any individual ma…

8.22.2407 STAY OF SUMMARY IMPOSITION OF PENALTY Either the applicable board of stewards or the board of horse racing may stay the imposition of a fine, license suspension and/or other penalty that results from a summary hearing conducted by the stewards with respect to violations…

8.22.2408 HEARING EXAMINERS In accordance with 2-4-611, MCA, a hearing examiner may be appointed to preside over administrative contested case proceedings under the jurisdiction of the board of horse racing.In those instances in which hearing examiners are appointed, the powers o…

8.22.2501 INTRODUCTION Unless otherwise expressly provided, these rules apply with equal effect to live races and simulcast races and parimutuel wagering thereon. Authorizing statute(s): 23-4-104, 23-4-202, MCA Implementing statute(s): 23-4-104, 23-4-202, MCA History: Eff. 12/31/…

8.22.2502 BOARD OF STEWARDS The stewards shall conduct summary hearings with respect to the violations of the rules of the board and Montana Code Annotated which have occurred during the period of a race meeting. The stewards shall hear the violations which have been committed at…

8.22.2601 POWERS AND DUTIES OF EXECUTIVE SECRETARY In accordance with 23-4-106 , MCA, the department shall appoint an executive secretary. The executive secretary shall: supervise race meets and oversee all activities of all racing officials; hire and supervise all state racing o…

8.22.2701 LICENSES ISSUED FOR CONDUCTING PARIMUTUEL WAGERING ON HORSE RACING MEETINGS Every license to hold a race meeting, live or simulcast is granted by the board upon the condition that the licensee shall enforce the laws of Montana and shall observe and enforce all rules of …

8.22.2702 ANNUAL LICENSE FEES The following fees shall be charged annually: Trainer $50 Assistant trainer50 Owner50 Owner-trainer50 Track license350 Jockey50 Jockey apprentice35 Jockey agent35 Authorized agent25 Stable name35 Parimutuel Parimutuel manager25 Track auditor50 Totali…

8.22.2703 OWNER AND BREEDER BONUSES Under 23-4-204 , MCA, the track licensee conducting a live race meet shall pay a sum equal to 10% of the first place money of every purse won by a horse bred in this state to the board for a breeder bonus, within 14 days after the bonus has bee…

8.22.2704 JOCKEY INCENTIVE AWARD PROGRAM Track licensees conducting a live race meet may, with prior approval of the board, under 23-4-204 , MCA, utilize a portion of funds generated by 3% of exotic wagering on a simulcast race, as deposited in the state special revenue fund acco…

8.22.2705 PURSE DISBURSEMENT FORMULA Prior to the beginning of the live racing season, all funds collected under 23-4-202, MCA, to the board’s state special revenue account, including percentages collected on live handle, winter simulcast handle, and summer simulcast handle, shal…

8.22.2801 GENERAL PROVISIONS It shall be the duty of each official to enforce state statutes pertaining to racing, rules of racing and directives issued by the board, orders and rules issued by the stewards, and all rulings as they may pertain to his official jurisdiction. Any of…

8.22.2802 CLERK OF SCALES The clerk of scales shall weigh jockeys out and in, and he shall record and publish any overweight or variation from the weight appearing on the card. The clerk of scales shall record and publish on the notice board any overweight or any change of jockey…

8.22.2803 CUSTODIAN OF JOCKEY ROOM It shall be the duty of the custodian to see that order, decorum, and cleanliness are maintained at all times in the jockey and scale room. No person, other than racing officials and the necessary attendants shall be allowed in the jockey room w…

8.22.2804 IDENTIFIER The identification of horses in the paddock shall be made by the horse identifier. The identifier shall report any identification irregularities to the stewards. No horse shall be permitted to start that has not been fully identified by the official identifie…

8.22.2805 PADDOCK JUDGE The paddock judge shall be in charge of the paddock and shall have general jurisdiction over the saddling equipment and changes thereof; and any additional duties as determined by the stewards. The paddock judge shall report any irregularities to the stewa…

8.22.2806 RACING SECRETARY The racing secretary shall be in attendance on the grounds throughout the race meet. The racing secretary shall discharge all duties required by the racing rules and report to the stewards as the case demands, all violations of these rules. The racing s…

8.22.2807 SECURITY DIRECTOR The security director shall be responsible for maintaining security at the race track. The security director shall be in charge of the backside and frontside areas, and the parimutuel area. The security director is authorized to provide for the removal…

8.22.2808 STARTER The starter shall give orders to secure a fair start. After reasonable efforts, if a horse cannot be led or backed into position, the starter shall order the horse to be scratched and notify the stewards. The start must not be delayed on account of a bad-mannere…

8.22.2809 STEWARDS Stewards are selected as follows: The board shall maintain a listing of the licensed racing officials who are qualified for the position of steward, and the selection of stewards shall be made by the board from this list. There shall be three stewards to superv…

8.22.2810 TIMERS The time recorded for the first horse to cross the finish line shall be the official time of the race. The time recorded may be the time recorded by an electric timing device. Any electric timing device must be of a type approved by the board. In all quarter hors…

8.22.2811 VETERINARIAN: OFFICIAL The board shall contract with or hire persons licensed as veterinarians in Montana to perform the duties of official veterinarians at horse racing meets. Contracts (or hires) shall be upon such terms as the board and the veterinarians may mutually…

8.22.2812 DIRECTOR OF RACING Each track licensee shall name a director of racing. It shall be the director's duty to coordinate the activities of the various racing officials serving at the meet and to act as a liaison between the licensee and the board and its representative. Au…

8.22.2813 ASSISTANT STARTER An assistant starter is an individual hired by the racing association and supervised by the starter to handle horses in and around the starting gate, and ensure that each horse has a fair start. Assistant starters, with respect to an official race, sha…

8.22.2814 VALET A valet is an individual hired by the racing association to prepare a jockey's equipment and saddle horses assigned to the valet prior to each race, and assist in unsaddling the same horse(s) after each race. There shall be at least one valet for every two horses …

8.22.2901 GENERAL PROVISIONS All persons engaged in racing or any part thereof or employed by any person engaged in racing or any part thereof, or employed by the licensee to engage in racing or any part thereof, shall be licensed by the board. If approved by the board any eligib…