South Dakota Administrative Code

Rule 20:04:21:10 Repealed. 20:04:21:10. Feed to be covered.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:56, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 23 SDR 126, effective February 13, 1997.

Rule 20:04:21:11 Transferred. 20:04:21:11. Transferred to § 20:04:21:41.

Rule 20:04:21:12 Repealed. 20:04:21:12. Employment of unlicensed persons prohibited.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:71, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, eff…

Rule 20:04:21:13 Registration of colors. 20:04:21:13. Registration of colors. Each owner may register a set of racing colors under the fee that covers his owner's license. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:74.01, 9 SDR 122, effective March 31…

Rule 20:04:21:14 Trainer responsible for condition of horse. 20:04:21:14. Trainer responsible for condition of horse. The trainer shall be responsible for and be the absolute insurer of the condition of the horse he enters regardless of the acts of other parties. Source: 5 SDR 87…

Rule 20:04:21:15 Duty of owner, trainer, and groom to protect horse. 20:04:21:15. Duty of owner, trainer, and groom to protect horse. The owner, trainer, groom, and any other person having charge, custody, or care of horses racing on a track in South Dakota shall protect the hors…

Rule 20:04:21:16 Information to be furnished by corporations. 20:04:21:16. Information to be furnished by corporations. Corporations racing horses in South Dakota shall furnish the following information to the commission and judges: (1) A statement giving the names of all persons…

Rule 20:04:21:17 Liabilities of persons listed in the corporation. 20:04:21:17. Liabilities of persons listed in the corporation. All persons listed in the corporation statement are liable for entry fees and penalties against horses raced by the corporation. Source: 5 SDR 87, eff…

Rule 20:04:21:18 Effect of the suspension of a person listed in the corporation. 20:04:21:18. Effect of the suspension of a person listed in the corporation. If one of the persons listed in the corporation statement is suspended, all horses owned by the corporation are suspended.…

Rule 20:04:21:19 Persons holding beneficial interest. 20:04:21:19. Persons holding beneficial interest. Each of the persons holding a beneficial interest in the corporation must be in good standing in racing. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06…

Rule 20:04:21:20 Licensing requirements for corporations. 20:04:21:20. Licensing requirements for corporations. All corporations must be licensed by the commission. In addition, each beneficial stockholder or member of the corporation must apply for an owner's license. Source: 5 …

Rule 20:04:21:21 Filing requirements -- Penalties for failure to file. 20:04:21:21. Filing requirements -- Penalties for failure to file. All the stockholders or members of a corporation which leases horses for racing purposes in South Dakota and all such corporations shall file …

Rule 20:04:21:22 Licensing requirement for partnerships. 20:04:21:22. Licensing requirement for partnerships. All partnerships must be licensed by the commission. In addition, each member of a partnership must apply for an owner's license. Source: 5 SDR 87, effective April 15, 19…

Rule 20:04:21:23 Partnership to have authorized agent. 20:04:21:23. Partnership to have authorized agent. A partnership shall appoint an authorized agent to represent it in all matters. Only the authorized agent may withdraw money or sign claims for the partnership. All members o…

Rule 20:04:21:24 Information required in partnership papers. 20:04:21:24. Information required in partnership papers. Partnership papers shall set forth the following: (1) The name and address of every person having an interest in the horse or horses involved; (2) The relative pr…

Rule 20:04:21:25 Signing of partnership papers. 20:04:21:25. Signing of partnership papers. All of the parties or the authorized agent shall sign all partnership papers. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:10, 9 SDR 122, effective March 31, 198…

Rule 20:04:21:26 Emergency authority to sign. 20:04:21:26. Emergency authority to sign. In cases of emergency, authority to sign a declaration of partnership may be given to the commission by facsimile or by telegram confirmed in writing. Source: 5 SDR 87, effective April 15, 197…

Rule 20:04:21:27 Assignment of a part owner's share. 20:04:21:27. Assignment of a part owner's share. The part owner of a horse cannot assign his share or any part of it without the written consent of the other partners which is filed with the commission and the director of racin…

Rule 20:04:21:28 Alteration of a recorded partnership. 20:04:21:28. Alteration of a recorded partnership. An alteration in a recorded partnership registration, to be effective, shall be reported in writing to the commission and signed by all the partners. Source: 5 SDR 87, effect…

Rule 20:04:21:29 Liability of a partnership. 20:04:21:29. Liability of a partnership. All of the parties to a partnership are jointly and severally liable for all stakes, forfeits, and other obligations. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:14, …

Rule 20:04:21:30 Repealed. 20:04:21:30. Authorized agents to be licensed.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:15, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective Febr…

Rule 20:04:21:31 Application for license. 20:04:21:31. Application for license. An authorized agent shall file an application for a license for each owner represented. A written instrument signed by the owner shall accompany the application and shall clearly set forth among the d…

Rule 20:04:21:32 Power of attorney filed with application. 20:04:21:32. Power of attorney filed with application. If the written instrument is a power of attorney, it shall be filed permanently with the commission, attached to the regular application form. Source: 5 SDR 87, effec…

Rule 20:04:21:33 Filing requirement for changes. 20:04:21:33. Filing requirement for changes. Any changes in the application for license of an authorized agent must be in writing and filed as provided in § 20:04:21:32. Source: 5 SDR 87, effective April 15, 1979; transferred from …

Rule 20:04:21:34 Expiration of license. 20:04:21:34. Expiration of license. The license of an authorized agent expires December 31 of each year, unless the agent's appointment is revoked by the owner or the license is revoked by the commission prior to that date. Source: 5 SDR 87…

Rule 20:04:21:35 Owner's revocation. 20:04:21:35. Owner's revocation. An owner's revocation of an authorized agent's appointment shall be in writing, sworn to before a notary public, and filed with the commission. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:…

Rule 20:04:21:36 License requirement -- Content. 20:04:21:36. License requirement -- Content. Each owner must obtain a license from the commission and must register all of the owner's horses with the racing secretary, giving the name, color, sex, age, and breeding of each horse. …

Rule 20:04:21:37 Owners and trainers prohibited from employing jockeys to prevent their riding. 20:04:21:37. Owners and trainers prohibited from employing jockeys to prevent their riding. No owner or trainer may employ a jockey for the purpose of preventing him from riding in a r…

Rule 20:04:21:38 Acceptance of bribes by owners and trainers prohibited. 20:04:21:38. Acceptance of bribes by owners and trainers prohibited. No owner or trainer may accept, directly or indirectly, a bribe, gift, or gratuity in any form that might influence or tend to influence t…

Rule 20:04:21:39 Permission required to move a horse. 20:04:21:39. Permission required to move a horse. No owner or trainer may move any of his horses or permit them to be moved from the grounds of an association without permission of the racing secretary. Source: 5 SDR 87, effec…

Rule 20:04:21:40 Permission required to change a trainer. 20:04:21:40. Permission required to change trainer. If an owner changes the trainer, the owner shall secure permission of the stewards and notify the racing secretary, who shall then transfer the horse's papers to the new …

Rule 20:04:21:41 Report of sickness. 20:04:21:41. Report of sickness. An owner or trainer shall report all deaths or sickness of his horses to the racing secretary and to the presiding state steward. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:27, 9 SD…

Rule 20:04:21:42 Penalty for owner's failure to pay jockey fee. 20:04:21:42. Penalty for owner's failure to pay jockey fee. The owner of a horse which is prevented from starting in a race because of the owner's failure to pay the jockey fee for that race or because of arrears aga…

Rule 20:04:21:43 Licensing requirement for stable personnel. 20:04:21:43. Licensing requirement for stable personnel. Each person working for a stable must be licensed by the commission. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:29, 9 SDR 122, effect…

Rule 20:04:21:44 Repealed. 20:04:21:44. Limit on number of trainers. Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:30, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 36 SDR 112, effective January …

Rule 20:04:21:45 Limit on number of lessees of an owner. 20:04:21:45. Limit on number of lessees of an owner. An owner may not lease a horse or horses to more than one lessee at a racetrack, nor may he race against his own leased horse. Source: 5 SDR 87, effective April 15, 1979;…

Rule 20:04:21:46 Lessee licensed as owner not considered an owner. 20:04:21:46. Lessee licensed as owner not considered an owner. A lessee who has been licensed as an owner for racing purposes is not considered an owner and is not entitled to claiming privileges. Source: 5 SDR 87…

Rule 20:04:21:47 License requirement for trainers. 20:04:21:47. License requirement for trainers. Each trainer shall obtain a license from the commission, listing on the application for license all the names of owners or part owners of all horses trained by him. Source: 5 SDR 87,…

Rule 20:04:21:48 Repealed. 20:04:21:48. Trainer's registration under stable name prohibited.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:34, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR …

Rule 20:04:21:49 Powers of a trainer pending action on a license. 20:04:21:49. Powers of a trainer pending action on a license. The stewards may permit a trainer to act as a trainer pending action on his application for license but under no circumstances shall his name appear on …

Rule 20:04:21:50 Substitute trainer required. 20:04:21:50. Substitute trainer required. When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days and his horses are entered or are to be entered, he must pro…

Rule 20:04:21:51 Extent of a trainer's power to represent an owner. 20:04:21:51. Extent of a trainer's power to represent an owner. A licensed trainer may represent the owner in the matter of entries, declarations, and the employment of jockeys, but may not withdraw any money fro…

Rule 20:04:21:52 Repealed. 20:04:21:52. Trainer to have horse in the paddock.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:38, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective …

Rule 20:04:21:53 Authority implied if trainer absent. 20:04:21:53. Authority implied if trainer absent. If for any reason the trainer of a horse is not or cannot be present at the time of collection of urine, the commission shall consider that the person actually in charge of the…

Rule 20:04:21:54 Trainer to attend and supervise his horse. 20:04:21:54. Trainer to attend and supervise his horse. A trainer shall attend to the trainer's horse in the paddock and shall be present to supervise the saddling, unless the trainer has obtained the permission of a ste…

Rule 20:04:21:55 Registration requirement for a trainer's charges. 20:04:21:55. Registration requirement for a trainer's charges. Each trainer shall register with the racing secretary all the horses in his charge giving the name, age, sex, breeding, and ownership of each. A horse…

Rule 20:04:21:56 Repealed. 20:04:21:56. Registration requirement for a trainer's employees.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:06:43, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 1…