58 Pa. Code Ch. 183 — Rules of Racing

§ 183.353. Presence of owner, trainer or authorized agent; split sample. (a) During the taking of the saliva, urine and blood sample by the Commission Veterinarian, or a person appointed by the Commission under the supervision of the Commission veterinarian, the owner, trainer or…

§ 183.354. Post-race positive tests. Whenever a positive test discloses the presence of a drug, stimulant, sedative or depressant, the laboratory shall immediately notify the Commission. Cross References This section cited in 58 Pa. Code § 183.355 (relating to control of horse, p…

§ 183.355. Control of horse, presumption of knowledge. Whenever the test described in this section and § § 183.351—183.354 discloses the presence of a drug, stimulant, depressant or sedative, in an amount whatsoever, it shall be presumed that the same was administered by the pers…

§ 183.356. Responsibility of a veterinarian. No veterinarian shall permit a horse in his care to be started if he knows or if by the exercise of reasonable care he might have known or have cause to believe, that the horse has received a drug, stimulant, sedative, depressant, medi…

§ 183.357. Responsibility of a trainer. A trainer shall be responsible for the condition of the horses trained by him. No trainer shall start a horse or permit a horse in his custody to be started if he knows or if by the exercise of reasonable care he might have known or have ca…

§ 183.358. Refusal to submit to test. No owner, trainer, driver or agent of the owner, having the care, custody, or control of a horse shall refuse to submit the horse to a saliva test or other tests as provided in this chapter or ordered by the judges. Cross References This sect…

§ 183.359. Report by veterinarians. (a) Every veterinarian practicing on the grounds of the Association shall keep a log of his activities which shall state: (1) The name of the horse treated by him. (2) The nature of the ailment of the horse. (3) The type of treatment prescribed…

§ 183.36. Post parade from paddock. At a time designated by the presiding judge, the paddock judge shall cause all horses entered in such heat or dash to be formed in a parade line. Such horses shall be attended by their drivers unless specifically excused by the paddock judge. A…

§ 183.360. Use of instruments. Every veterinarian practicing on the grounds of an Association, and every other person authorized to use instruments referred to in this section, shall conform to the following: (1) Use a new, unused, one-time disposable hypodermic needle for the ad…

§ 183.361. Winnings when rule is violated. All winnings of a horse in a race in which an offense was detected under any provisions of these § § 183.351—183.363 (relating to medication, pre-race and post-race testing, penalties for violations) shall be forfeited and redistributed …

§ 183.362. Authorization for possession of hypodermic needle or hypodermic syringe. No one except a physician, Commission Veterinarian, or a veterinarian licensed by the Commission may have a hypodermic needle or hypodermic syringe of any kind, type or description on his person o…

§ 183.363. Injections. The drug, Butazolidin (Phenylbutazone), will be administered by injection only and not administered orally. All injections must be given by a veterinarian licensed to practice by this Commission. Violations of this rule will subject the violator to a fine o…

§ 183.37. Requirements for admission of horses to Pennsylvania Pari-Mutuel Racing Association plants. (a) No horse shall be admitted to any part of the plant or premises of any pari-mutuel racing association under the jurisdiction of the Commission unless a health certificate is …

TIME AND RECORDS § 183.371. Electric timer; manual timer. In every race or performance against time, the time of each heat or dash shall be taken by an approved electric timing device and placed in the record in minutes, seconds and fifths of seconds and on the decision of each h…

§ 183.372. Error in announcement of 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 of…

§ 183.373. Certificate as to track measurement. In order that the performance thereon may be recognized, published as official, or both, every association shall forthwith cause to be filed with the Commission and The United States Trotting Association the certificate of a duly li…

§ 183.374. Leading horse timed. 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 ho…

§ 183.375. Time in dead heat. In case of a dead heat, the time shall constitute a record for the horses making the dead heat and both shall be considered winners.

§ 183.376. Time taken from starting point. The time shall be taken from the first horse leaving the starting point, from which the distance of the race is measured, until the winner reaches the wire.

§ 183.377. Fraudulent misrepresentation of time. Any person who shall be guilty of fraudulent misrepresentation of time or the alteration of the record thereof in any public race or performance against time shall be penalized and the time declared not a record.

§ 183.378. Time performance. A record can be made only in a public race or performance against time. In a performance against time the United States Trotting Association Rule 24 shall apply.

§ 183.38. Stable roster requirements. Each employer of grooms at a pari-mutuel race track shall be required to submit to the Commission office a stable roster with the name of each employe and license number. He shall inform the Commission promptly of any changes. If any employer…

§ 183.39. Removal of horses from the grounds. No horse shall be ordered off the grounds without at least 72 hours’ notice, excluding Sunday, to the person in charge of the horse.

FINES, SUSPENSIONS, EXPULSIONS AND APPEALS § 183.391. Suspension pending payment of fines. All persons who shall have been fined under these rules shall be suspended until said fine shall have been paid in full, or other arrangements have been made with the Commission.

§ 183.392. Record and payment of fine. Written or printed notice of all fines and other penalties imposed by the judges or starter shall be delivered to the person penalized, notice shall be posted immediately at the office of the association, and notice shall be forwarded immedi…

§ 183.393. Suspension for less than 5 days; completing engagement. When the penalty is for a driving violation and does not exceed in time a period of 5 racing days, the driver may complete the engagement of all horses declared in before the penalty becomes effective. Such driver…

§ 183.394. Meaning of suspension or revocation. Whenever the penalty of suspension or revocation is imposed, it shall mean unconditional exclusion and disqualification from time of receipt of written notice from any participation, either directly or indirectly, in the privileges …

§ 183.395. Competition by horse owned or controlled by a person under suspension, and the like. No horse shall have the right to compete while owned or controlled wholly or in part by a suspended, expelled, disqualified or excluded person. No suspended, disqualified or excluded p…

§ 183.396. Fraudulent transfer of horse. The fraudulent transfer of a horse by any person or persons under suspension in order to circumvent said suspension shall constitute a violation.

§ 183.397. Association permitting suspended person or disqualified horse to compete. No association shall permit 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.

§ 183.398. Notice of exclusion. Whenever a person is excluded from a track by an association, the Commission shall be notified. The Commission in turn shall notify all other associations in the Commonwealth and may notify the United States Trotting Association.

§ 183.399. Employment or retention of excluded person. No expelled, suspended, disqualified or excluded person shall act as an officer of an association. An association shall not, after receiving notice of such penalty, employ or retain in its employ, an expelled, suspended, disq…

§ 183.40. Breath analyzer requirements. Drivers, judges, starters, starting gate drivers and marshals shall be required to submit to a breath analyzer test at each racing program in which they participate. If the results of such test show a reading of .035% or more of alcohol in …

§ 183.400. Stay of enforcement. In the event a penalty is imposed by the officials, the Commission may grant a stay of the enforcement of such penalty until an appeal, if filed, is decided. (1) The appeal will be filed on form called a ‘‘Notice of Appeal and Request for a Stay’’ …

§ 183.401. Penalties by other jurisdictions. All penalties imposed by the United States Trotting Association or the racing commissions of the various states shall be recognized and enforced by the Commission unless application is made for a hearing before the Commission at which …

§ 183.402. Dishonored checks. Any person who pays an entry, a fine or other claim to the Commission or any entry, claim, or fine to an association or racing official by a draft, check, order or other paper, which upon presentation is protested, payment refused, or otherwise disho…

§ 183.403. Modification of penalty imposed by another jurisdiction. When the Commission receives notice that a person or horse, or both, has been penalized by a State racing commission or by the United States Trotting Association, the Commission may, for good cause shown and upon…

§ 183.404. Appeal to Commission from rulings of officials. (a) All decisions and rulings of the Executive Secretary of the Commission, judges or other race officials of any race may be appealed to the Commission within 10 days after notice of such decision or ruling. The appeal m…

§ 183.405. Appeals to be in writing. All appeals shall be in writing and sworn to before a Notary Public, one of the judges of the meeting or a Commission representative.

§ 183.406. Hearing of appeals. All appeals shall be heard promptly.

PROTESTS § 183.421. 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. Protests shall be reduced to writing and sworn to before a judge of the meeting or a Notary Public, and shall …

§ 183.422. Testimony under oath. The judges shall, in every case of protest, demand that the driver and the owner or owners, if present, 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 sha…

§ 183.423. Continuing race under protest. 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 Association until the Com…

§ 183.424. False protests, failure to protest. Any person found guilty of protesting falsely and without cause or merely with intent to embarrass a race, or who does not file a protest notwithstanding that he has knowledge which would warrant the filing thereof, shall be penalize…

§ 183.425. Purse held in trust where appeal or protest filed. In case of an appeal or protest, the purse money affected shall be deposited by the association in a Trust Fund pending the decision of the appeal.

§ 183.426. Refusal to accept protest or act as witness. No judge may refuse to accept a protest or appeal or act as a witness for a person seeking to swear to a protest or appeal.

DISTRIBUTION OF POOLS § 183.441. Distribution of pools. No protest, appeal or other of these rules shall affect the distribution of the pari-mutuel pools when such distribution is made upon the official placing at the conclusion of the heat or dash.

PRACTICE BEFORE THE COMMISSION § 183.451. Definitions. The following words and terms, when used in these § § 183.451—183.466 (relating to practice before the Commissioners) shall have the following meanings, unless the context clearly indicates otherwise: Adjudication—Any final o…

§ 183.452. Dockets. The official docket and all original papers pertaining to any proceeding instituted before the Commission shall be kept at the principal office of the Commission in Harrisburg, Pennsylvania. Such papers and instruments are available for public viewing but may …

§ 183.453. Complaints. Complaints shall be filed with the Commission at its principal office in Harrisburg, Pennsylvania. Complaints shall contain all pertinent information known to the complainant. Cross References This section cited in 58 Pa. Code § 183.62 (relating to duties o…