North Dakota Administrative Code

Unless otherwise permitted by the commission, no association may offer more than twelve races per program on any one day. History: Effective July 1, 1989; amended effective April 1, 2024. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01,…

The association shall notify the commission staff of the post time of the first race of each program for approval. History: Effective July 1, 1989; amended effective October 1, 2022; April 1, 2024. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 5…

Each association shall submit to the commission at least thirty days prior to the opening day of a meeting, a complete list of the association racing officials set forth in chapter 69.5-01-03 and department heads appointed for the meeting. No person may hold any appointment for a…

1. Each association shall maintain a separate bank account, to be known as the "horsemen's account", with at all times sufficient funds in such account to pay all money owing to horsemen in regard to purses, stakes, rewards, claims, and deposits. Deposits and withdrawals from thi…

The association, at least sixty days prior to the opening of each meeting, shall furnish to the commission a copy of its first condition book for approval by the executive director of the commission. Additional condition books or sheets must be furnished to the commission as soon…

Each association shall utilize photo finish equipment to assist the stewards in determining the order of finish of every race. History: Effective July 1, 1989; amended effective October 1, 2022. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 3 Law Implemented: NDCC 53…

Every association shall furnish for each race a complete video recording of the race. The equipment and video must be of a reliability and quality approved by the commission and capable of replay within one minute after the end of any race. The association shall safeguard the vid…

At least one photograph or image of the finish of each race must be posted conspicuously and promptly after each race. History: Effective July 1, 1989; amended effective October 1, 2022. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, …

A starting gate approved by the commission must be used in starting all races. Each association shall maintain at least one operable starting gate during racing hours. The association shall also make at least one starting gate, along with adequate personnel, available for schooli…

Each association shall maintain distance poles as follows: 1/4 poles Red and white 1/8 poles Green and white 1/16 poles Black and white History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.…

Each association shall provide and maintain a designated detention area or enclosure for use by the commission in securing from horses that have run a race, samples of hair, urine, saliva, blood, or other bodily substances or tissues for chemical analysis. The enclosure must incl…

1. Each association shall provide and maintain adequate and sanitary drinking water and toilets for all licensees, patrons, and other persons invited to the track. 2. When a race meeting is in progress, or scheduled for opening, the association shall provide systematic and effect…

Each association shall maintain on the grounds during every day that its track is open for racing or exercising, an ambulance for humans, equipped according to prevailing standards and manned by medical doctors, paramedics, or other personnel trained to operate them. History: Eff…

The association may not allow any person to exercise any horse on association grounds unless that person is wearing a protective helmet of a type approved by the commission. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemente…

The association, in accordance with applicable state fire codes, shall prohibit, for the protection of persons and property from fire damage, the following: 1. Smoking in horse stalls, feed rooms, and under the sheds. 5 2. Sleeping in feed rooms or stalls. 3. Open fires and oil o…

Each association shall secure the peaceful use of its grounds and stable areas to licensees and prohibit the use of the grounds to persons not authorized by license or invitation of the association. In this regard, the following rules apply: 1. The stable area must be properly fe…

Any electric timing device used by the association must be approved by the commission. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10

The association shall provide adequate communication between the stewards and each judge's station and necessary track officials. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, …

Every person participating in horse racing, whether as permitholder, holder of any interest in a permit, association employee, vendor and contractholder and the owner or general manager of same, pari-mutuel, or racing official, and all other persons whose duties require them to b…

Each application for a license required by this chapter, or its renewal, must be accompanied by the payment of an annual fee according to the following schedule: 1 1. Association license to conduct live racing $100.00 + $10.00 per day of racing 2. Trainer $75.00 3. Owner, individ…

Repealed effective October 1, 2022.

Acceptance of the license or permit from the commission by any permittee or licensee is deemed a consent to search and inspection by the commission pursuant to these rules, and to the seizure of any prohibited medication, drugs, paraphernalia, or devices. History: Effective July …

The commission may not issue licenses to applicants previously not licensed in this state for the following occupations listed herein, except upon prior recommendation by the stewards at the meeting: owners, trainers, jockeys, jockey agents, farriers, apprentice farriers, veterin…

The employment at any association premises of any unlicensed person by an association, owner, trainer, or other licensee is prohibited. Upon discharge of any licensed person by any other licensee or permitholder for violation of rules or laws within the jurisdiction of the commis…

The commission may not issue any license to any association employee or to any vendor employee unless the application includes the prior endorsement of the employee's department head. History: Effective July 1, 1989; amended effective April 1, 2024. General Authority: NDCC 53-06.…

Repealed effective October 1, 2022.

1. A temporary horse owner's license certificate may be issued in emergency situations (i.e., owner out of country or seriously ill). 2. Upon submission to the commission of an affidavit setting forth the emergency by the owner's trainer, the stewards may approve the issuance of …

The commission may deny or revoke the license of any applicant or holder who: 4 1. Has been convicted of any of the offenses listed in this subsection, which the commission hereby determines have a direct bearing upon the applicant's or holder's ability to serve the public and pr…

1. Licenses issued by the commission must be for a period of one calendar year or such other period of time greater than one year as permitted by the commission. 2. The commission may also issue a license good for one racing season at a pari-mutuel facility. History: Effective Ju…

All owners and trainers shall carry workers' compensation insurance covering all their employees. This section is intended to include all individuals employed by owners and trainers involved in the training and racing of horses. History: Effective July 1, 1989. General Authority:…

All licensed personnel are expected to give their best efforts to win in all races in which they participate, and any instructions or advice to the jockey, or any riding or handling of their mounts other than for the purpose of winning are forbidden. History: Effective July 1, 19…

The following practices by licensees are prohibited: 1. Giving or offering, directly or indirectly, a bribe in any form to any person licensed by the commission to violate these rules or the laws of this state related to racing. 2. Soliciting or offering to accept, directly or in…

1. Alcohol prohibition or breathalyzer test. a. No licensee or employee of any entity associated with the conduct of racing, while on the grounds of a licensed premises or racetrack may have a blood alcohol concentration of five one-hundredths of one percent by weight, nor may su…

1. Every veterinarian practicing on association premises must be: a. Currently licensed by the state board of veterinary medical examiners; and b. Licensed by the commission. 2. The following restrictions and duties apply to veterinarians licensed by the commission: a. A licensed…

1. If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate, or other association or entity, each shareholder, member, or partner holding a five percent or greater beneficial interest shall be licensed as required in this rule. 2. Each p…

Repealed effective January 1, 2015.

Repealed effective January 1, 2015.

Each owner must be licensed by the applicable horsemen's organization. History: Effective July 1, 1989. General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10 Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10

1. Licensed owners and lessees may adopt stable farm, racing, or corporate names, if registered with the applicable horsemen's organization and the commission. 2. Applications must include the identity or identities of all persons interested in the ownership of the name. After re…

1. No licensee may lease a horse for the purpose of racing at tracks in this state without prior approval of the stewards. 2. Both lessor and lessee entering into such a lease must be licensed by the commission prior to engaging in any activity related to horse racing. 3. Each li…

Colors, provided by the owners and approved by the stewards of the meeting, must be utilized during racing competition. Colors may be used by the association which correspond with post position colors. History: Effective July 1, 1989; amended effective January 1, 2008. General Au…

No owner may participate in racing nor stable any horse on association premises unless each horse in the owner's charge is registered with the racing secretary of the association showing for each horse the name, color, sex, age, breeding, and ownership. At registration, the appli…

Each transfer of horse ownership at a meeting must be approved by the stewards, recorded with the applicable horsemen's organization and promptly reported to the racing secretary and the commission. History: Effective July 1, 1989; amended effective January 1, 2008. General Autho…

No owner may change the trainer of the owner's horse unless by written notice to and the approval of the stewards of the meeting. The stewards will advise the racing secretary of the change and the racing secretary shall require the new trainer to sign the trainer's name on the o…

1. No owner may employ in this state a veterinarian who is not licensed by both the state board of veterinary medicine examiners and the commission. 2. No owner may enter or start a horse in any race if the horse is ineligible under these rules or the laws of this state related t…

The following restrictions and duties apply to trainers. 1. No person may hold a trainer's license unless the trainer: a. Is at least eighteen years old; b. Is qualified, in the opinion of the stewards, by reason of experience, background, and knowledge of racing as manifested by…

1. Authorized licensees and their appointments by the owner expire at the end of the license year unless earlier revoked by the owner, the stewards, or the commission. An owner may appoint only one person at a time to act as the owner's authorized agent. After the appointment, th…

1. Eligibility. a. Jockeys. (1) No person under sixteen years of age will be licensed by the commission as a jockey. (2) The stewards may require that any jockey pass a physical examination and may refuse to allow any jockey to ride until such jockey successfully completes such e…

1. Eligibility. No person may act as a jockey's agent unless such person has first demonstrated to the stewards that such person has a contract for agency with at least one jockey and has been licensed by the commission. 2. Limit on contract. No jockey agent may serve as agent fo…

A horse is ineligible to start a race when: 1. The horse is not stabled on the grounds of the licensed association or facilities approved by the association at least forty-eight hours prior to the race except for ship-ins on race day. Ship-in horses shall be in their assigned sta…