North Dakota Administrative Code

Accredited North Dakota-bred horses that win open races at a North Dakota pari-mutuel track will be eligible to receive owner, breeder, and stallion awards authorized by the commission. History: Effective January 1, 1990; amended effective March 1, 2002. General Authority: NDCC 5…

Until such time as there exists a major racing facility in the state as described in section 69.5-01-09-13, the provisions of this chapter regarding the division of available breeders' fund moneys between races inside the state and races outside the state shall pertain. When such…

In addition to any other requirements or conditions required by the commission, a major racing facility must: 1. Be recognized annually by the North Dakota racing commission as a major racing facility. 2. Offer minimum purses of no less than five thousand dollars for major breeds…

The North Dakota racing commission shall make deductions from each pari-mutuel pool resulting from a licensed race meet or simulcast display for the purpose of providing a North Dakota purse fund as provided for by North Dakota Century Code section 53-06.2-11. History: Effective …

The North Dakota purse fund must be administered by the commission and will be used only for the purpose of supplementing horse racing purses at live race meets held within the state of North Dakota. History: Effective January 1, 1990. General Authority: NDCC 53-06.2-04, 53-06.2-…

All moneys held in the North Dakota purse fund must be separately invested and reinvested in any combination of government obligations, certificates of deposit, or bank deposit accounts or trust companies organized under the laws of the United States of America or state thereof, …

The executive director of the racing commission is responsible for the timely deposit of all revenue derived from the purse fund take out and shall keep accurate records of deposits and disbursements. History: Effective January 1, 1990. General Authority: NDCC 53-06.2-04, 53-06.2…

For the purposes of this chapter, unless the context otherwise requires: 1. "Account wagering" or "account deposit wagering" means a form of pari-mutuel wagering in which an individual deposits money in an account and uses the account balance to pay for pari-mutuel wagers. It inc…

1. Any site operator, service provider, or totalizator company must be licensed by the commission and approved by the attorney general. Totalizator companies contracting for service within the state and their employees whose principal work address is within the state must be lice…

1. Service providers and totalizator companies must be licensed by the commission and approved by the attorney general. 2. Before the commission may grant such license, it shall review and approve the services to be provided by the applicant. The applicant shall submit such infor…

1. Service providers shall comply with all state and federal laws, including section 3001, et seq. of title 15 of the United States Code. 4 2. A service provider intending to make any change in its structure or operations which would alter any of the responses given in its origin…

1. The commission may appoint an independent auditor responsible for providing reports of amounts due to the state of North Dakota from all site operators and service providers for pari- mutuel taxes, promotion fund, breeders' fund, purse fund, unclaimed tickets, and breakage. 2.…

websites. 1. A service provider may conduct wagering under its North Dakota license only through thoroughbred racing association codes, simulcast sites, and websites specifically identified to the commission in writing. All simulcast sites and websites must be identified in the s…

1. Before the commission may grant a license to a site operators, it shall review and approve a plan of operation submitted by an applicant including, but not limited to, the following information: a. A feasibility study denoting the revenue earnings expected from the facility an…

1. A site operator shall conduct the pari-mutuel wagering at a site approved by the commission. 2. A site operator shall provide access to the commission or its designated representative to the site and to all records of the site operator and any other information as required by …

1. At a designated location, a written, verified claim for payment from a pari-mutuel pool shall be accepted by a site operator or service provider in any case where the site operator or service provider has withheld payment, not placed a wager requested by a customer, or has ref…

1. No person may be a simulcast employee unless that person is the holder of a valid license issued by the North Dakota racing commission. If the individual is already licensed to engage in the same type of employment related to pari-mutuel wagering in another jurisdiction that h…

1. Subject to commission approval, a North Dakota track may authorize use of its simulcast for interstate wagering by out-of-state betting systems provided the North Dakota track files with the commission a copy of the agreement with the out-of-state betting system which sets for…

1. Reasons for denial, suspension, and revocation. The commission may deny, suspend, or revoke licenses for just cause. Actions constituting just cause include: a. Any action or attempted action by a person contrary to any law. b. Corrupt practices, which include: (1) Prearrangin…

The North Dakota racing commission has taken separate action to adopt and incorporate the model rules of the association of racing commissioners international, inc., in whole or in part as soon as adoption and incorporation is practically possible. History: Effective August 1, 20…

1. A service provider shall participate in common pool wagering by accepting wagers placed in other jurisdictions or by offering wagers on races run in other jurisdictions. The rules for a pari- mutuel pools established in the state of the live event pari-mutuel pool host apply. …

Repealed effective July 1, 2011.

The requirements for account wagering are as follows: 1. A site operator may offer a system of account wagering to its players in which wagers are debited and payouts credited to a sum of money, deposited in an account by the player, that may be held by a service provider. The se…

1. Pari-mutuel wagering utilizes a totalizator to pool wagers. The totalizator system may be located at a site, or may, subject to compliance with applicable law and rules, reside at another location other than within the state of North Dakota. 2. Wagering, subject to commission …

Repealed effective July 1, 2011.

1. Facility requirements. a. Onsite totalizator room. An authorized pari-mutuel wagering entity may provide a totalizator room to house the main computing and communications equipment and the operator's terminal at the authorized pari-mutuel wagering entity facility. The room mus…

1. General management requirements. a. Programming. (1) A totalizator company shall develop and maintain written procedure manuals that outline structured programming methods used by the programmers. The manuals must give the programmers sufficient information to understand the p…

1. General requirements. a. A totalizator system must be able to produce reports and logs necessary to audit pari-mutuel activity and to recreate any given day of wagering in its entirety in a format prescribed by the commission. b. A totalizator company shall retain the informat…

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 53-06.2, except "promotion fund" means a special fund administered by the commission, established to assist in improving and upgrading racetracks in the state, for the promotion of …

The North Dakota racing commission shall make deductions from exotic wagers and, in addition, shall receive all amounts from unclaimed tickets and breakage resulting from a licensed race meet or simulcast display for the purpose of providing a North Dakota promotion fund as provi…

The North Dakota promotion fund must be administered by the commission and will be used only for assisting in improving and upgrading racetracks in the state; promotion of live and simulcast horse racing within the state; developing, promoting, and assisting in the operation of r…

Application for promotion fund awards must be received in the North Dakota racing commission office by October first of the year preceding the year in which the award is to be received. The commission, in its discretion, may grant exceptions to this requirement in rare circumstan…

The executive director of the racing commission is responsible for the timely deposit of all revenue derived from the promotion fund take-out and shall keep accurate records of deposits and disbursements. History: Effective March 1, 2002; amended effective October 1, 2022. Genera…

1. "Act" means North Dakota Century Code chapter 53-06.2. 2. "Added money" means money offered for an event by an association. 3. "Age" of a horse must be reckoned from the first day of January of the year of foaling. 4. "Association" means a person, association, society, or body…

1. No person may officiate or be employed as a judge, racing secretary, assistant race secretary, starter, placing judge, clerk of the course, paddock judge, patrol judge, timer, equipment inspector, identifier, horsemen's bookkeeper, program director, or as any other official or…

1. The commission shall appoint or approve the appointment of judges to be called the "board of judges", who shall enforce the carrying out and observance of this regulation, and any rules or conditions established under the act. 3 2. In the performance of their duties, the judge…

1. An association conducting a race meeting shall appoint a starter who shall have the authority to give orders necessary to ensure a fair start. 2. The starter's decision as to the validity of a start is final except when otherwise ordered by the board of judges. 4 3. The starte…

1. An association conducting a race meeting shall appoint one or more paddock judges. 2. The paddock judge shall: a. Keep a record, as specified by the judges, of equipment required to be carried by each horse in each race and may not permit any change in that equipment unless au…

1. No person may act as an owner, a trainer, driver, veterinarian, veterinarian assistant, authorized agent, stable employee, farrier or plater, parade marshal, or such other racing trade or calling as the commission may designate unless the person is the holder of an existing li…

1. An applicant for an owner's license may be required to satisfy the commission of financial responsibility. 2. Upon the suspension or revocation of the license of an owner, all horses of the owner become ineligible to race. 3. All declarations of joint ownership or partnership …

1. No person may use a stable name unless that name and any changes in that name are registered with: a. The United States trotting association. b. The board of horse racing; and c. The association. 2. No person may use, directly or indirectly, more than one stable name at the sa…

1. Conditions for stakes that conflict with the rules, are vague, or inconsistent may not be published and, if published, are of no effect insofar as they so conflict. 2. Conditions for stakes must be approved by the commission prior to publication and must include the following …

1. Declarations at an extended race meeting must be governed by the following: a. A horse that has not raced previously at the gait chosen shall perform in a qualifying race under the supervision of a judge, but no horse may be permitted to race at an extended race meeting if it …

post positions. 1. The racing secretary, exclusively, shall schedule the following types of races: a. Overnight events, including: (1) Conditioned races. (2) Claiming races. (3) Preferred, invitational, handicap, open, or free-for-all races. (4) Schooling races. (5) Matinee races…

1. A horse that is scratched from a race cannot be reinstated to participate in that race. 2. A horse scratched by the commission or association veterinarian may not be allowed to declare for a minimum of seventy-two hours from the time it was scratched and then only if it has be…

1. An association or board of judges, after consultation with the horsemen's representatives, may for just cause postpone or cancel races. 2. In stakes that have not been started before being canceled, all nomination and sustaining fees must be divided equally among the owners of…

1. An association conducting a race meeting shall; a. Provide and maintain a paddock or receiving barn that must be policed; b. Maintain records of all person entering a paddock or receiving barn clearly showing the name of each person who entered and the time of entering; and 17…