South Dakota Administrative Code

Rule 20:04:28:33 Paying another's fine prohibited. 20:04:28:33. Paying another's fine prohibited. No person may assume or pay, directly or indirectly, a fine imposed upon another without the prior permission of the board of stewards. Source: 5 SDR 87, effective April 15, 1979 tra…

Rule 20:04:28:34 Horse under care of suspended person ineligible for races -- Reinstatement. 20:04:28:34. Horse under care of suspended person ineligible for races -- Reinstatement. When a person is ruled off a course or suspended, any horse which is under his care, management, a…

Rule 20:04:28:35 Suspended person ineligible to subscribe any horse. 20:04:28:35. Suspended person ineligible to subscribe any horse. When a person is ruled off a course or suspended, he is not qualified, whether acting as an agent or otherwise, to subscribe for or to enter or ru…

Rule 20:04:28:36 Stewards may hire veterinarians in case of illness. 20:04:28:36. Stewards may hire veterinarians in case of illness. In case of any illness or unusual symptoms which they consider contagious or possibly contagious, the stewards may employ, at the expense of the a…

Rule 20:04:28:37 Cost of isolation borne by owner. 20:04:28:37. Cost of isolation borne by owner. The reasonable cost of isolation, including keep and medical care, shall be borne by the owner or trainer of the horse during the period of isolation. Source: 5 SDR 87, effective Apr…

Rule 20:04:28:38 Isolation of a contagious horse. 20:04:28:38. Isolation of a contagious horse. If an infectious disease is positively diagnosed, the horse so diagnosed shall remain isolated for a period determined by the board of veterinarians. Source: 5 SDR 87, effective April …

Rule 20:04:28:39 Removal of isolated horse. 20:04:28:39. Removal of isolated horse. No horse may be removed from isolation without permission of the stewards. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:57.05, 9 SDR 122, effective March 31, 1983; 12 SD…

Rule 20:04:28:40 Penalty for refusing to testify. 20:04:28:40. Penalty for refusing to testify. A license holder of the commission who refuses to testify before the stewards at a hearing on a matter within the authority of the stewards may be suspended by the stewards or excluded…

Rule 20:04:28:41 Who may impose penalties. 20:04:28:41. Who may impose penalties. No racing official other than the board of stewards and the commission may impose a fine or suspension. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:31, 9 SDR 122, effecti…

Rule 20:04:28:42 Rescinding unpaid fines. 20:04:28:42. Rescinding unpaid fines. An unpaid fine may not be rescinded except with the approval of the commission. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:35, 9 SDR 122, effective March 31, 1983; 12 SDR …

Rule 20:04:28:43 Repealed. 20:04:28:43. Duty of an official to report penalties to the director.Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:05:32, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 …

Rule 20:04:28:44 Deadline for paying fines. 20:04:28:44. Deadline for paying fines. All fines shall be paid to the commission within 48 hours after imposition unless a later deadline is established by the board of stewards. A person who does not pay a fine before the deadline sha…

Rule 20:04:28:45 Stewards may require examination to determine ability of person to perform duties. 20:04:28:45. Stewards may require examination to determine ability of person to perform duties. The stewards may have a licensed person submit to a medical examination by a license…

Rule 20:04:29:01 Persons required to be licensed -- Exemptions. 20:04:29:01. Persons required to be licensed -- Exemptions. Each person engaged in racing or employed by persons engaged in racing and each person who performs any services in connection with the conduct of a racing …

Rule 20:04:29:01.01 License application requirements. 20:04:29:01.01. License application requirements. An individual, partnership, or corporation applying for a license from the commission must provide his name or all names of the partnership or corporation, with any nicknames o…

Rule 20:04:29:01.02 Certified mail constitutes reasonable notice. 20:04:29:01.02. Certified mail constitutes reasonable notice. Certified mail sent to the permanent address as listed on a license application of any licensee, whether delivered or returned to the commission for wha…

Rule 20:04:29:01.03 License application through Parimutuel Licensing Simplification Act of 1988. 20:04:29:01.03. License application through Parimutuel Licensing Simplification Act of 1988. An individual, partnership, or corporation applying for a license under Pub L No. 100-413,…

Rule 20:04:29:02 Reinstatement procedure after suspension or license revocation. 20:04:29:02. Reinstatement procedure after suspension or license revocation. A person who is suspended, whose license is revoked, or to whom a license is denied by any racing board or commission must…

Rule 20:04:29:03 Presence of license required -- License not transferable. 20:04:29:03. Presence of license required -- License not transferable. All licensees must carry their card with them at all times and are responsible for its safekeeping. The license must be prominently di…

Rule 20:04:29:04 Penalty for transferring a license. 20:04:29:04. Penalty for transferring a license. A licensed person who allows another to use his license card for the purpose of transferring any of the benefits pertaining to it may be suspended, fined, or both. Source: 5 SDR …

Rule 20:04:29:05 Employer's responsibility to license employee. 20:04:29:05. Employer's responsibility to license employee. The responsibility of licensing an employee rests with the employer. Employment, engagement, or harboring of an unlicensed individual without reporting such…

Rule 20:04:29:06 Filing license application with executive secretary. 20:04:29:06. Filing license application with executive secretary. All applications for license must be filed with the executive secretary who may issue the license, issue a conditional license which states the …

Rule 20:04:29:07 License fee -- Expiration of licenses. 20:04:29:07. License fee -- Expiration of licenses. The fee shall accompany each application for license or registration. All licenses and registrations expire December 31 of the year of issue. Source: 5 SDR 87, effective Ap…

Rule 20:04:29:08 Grounds for refusal, revocation, or suspension of licenses. 20:04:29:08. Grounds for refusal, revocation, or suspension of licenses. The commission may refuse, revoke, or suspend a license as provided in SDCL 42-7-91 and for the following reasons: (1) Ownership, …

Rule 20:04:29:08.01 Revocation or suspension of other license. 20:04:29:08.01. Revocation or suspension of other license. A revocation or suspension of a license, regardless of type of license, held by a person employed under this article and SDCL chapter 42-7, regardless of the …

Rule 20:04:29:08.02 Facts of a criminal charge. 20:04:29:08.02. Facts of a criminal charge. The charge in any jurisdiction of a licensee with a felony or with a misdemeanor involving moral turpitude is grounds for disciplinary action. The commission may find the licensee guilty o…

Rule 20:04:29:09 Procedure for denied license. 20:04:29:09. Procedure for denied license. If the denial of a license has been ordered, the executive secretary shall report the reasons to the applicant. The executive secretary shall also report the denial to the applicable associa…

Rule 20:04:29:10 Denial or refusal of license. 20:04:29:10. Denial or refusal of license. The commission may deny or revoke a license to any person who has been refused a license by another racing jurisdiction or racing authority, provided that the other racing jurisdiction or ra…

Rule 20:04:29:10.01 License suspensions. 20:04:29:10.01. License suspensions. A licensee whose license is suspended by the commission or a person who has a license suspended by the racing regulatory agency of another state may not participate in any capacity licensed by the commi…

Rule 20:04:29:11 Minimum age for license. 20:04:29:11. Minimum age for license. No license may be granted to anyone under 16 years of age, except jockey attendants who must be at least 14 years of age. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:29.10,…

Rule 20:04:29:12 Information required on application. 20:04:29:12. Information required on application. An association applying for a license from the commission shall give the names of all directors, officers, and stockholders of the association, provide photographs of each offi…

Rule 20:04:29:13 License fee schedule. 20:04:29:13. License fee schedule. The following fees shall be charged by the commission for licenses issued: (1) Association: $10 per performance; (2) Announcer: $10, renewal fee: $5; (3) Apprentice jockey: $25, renewal fee: $10; (4) Author…

Rule 20:04:29:14 Repealed. 20:04:29:14. Education courses required for renewal. Repealed. Source: 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; repealed, 38 SDR 101, effective December 5, 2011.

20:04:30:01. Record of outstanding unredeemed certificate tickets. Each association shall carry on its books an account which shows the total amount due on outstanding unredeemed certificate tickets which represent the winning tickets not presented for payment. Source: 5 SDR 87, …

20:04:30:02. Filing of unredeemed tickets with the commission. At the close of each meeting a list of unredeemed tickets shall be filed with the commission and the association shall set aside sufficient money to insure payment of the tickets for a period of one year following the…

20:04:30:03. Sale of printed matter. Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:03:86, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 41 SDR 53, effective October 6, 2014.

20:04:30:04. Mutuel manager to deliver wagering record to commission. The manager of the pari-mutuel department shall deliver to the commission at the end of each racing day a record showing the amount wagered in each pool, the commission and the breakage for each race, and the t…

20:04:30:05. Mutuel manager to deliver calculating sheets to the commission. The manager of the pari-mutuel department shall deliver to the commission representative at the conclusion of the meeting or at any time requested a copy of all take-off and calculating sheets. Source: 5…

20:04:30:06. Responsibility of mutuel manager for conduct of his employees. The mutuel manager is responsible for the conduct of his employees; however, he is not responsible for their shorts or longs. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:20, 9 …

20:04:30:07. Mutuel manager to report shorts and longs of his employees. Each seller or cashier is responsible to the mutuel manager for his shorts or longs; the shorts or longs shall be recorded and reported to the commission daily. Source: 5 SDR 87, effective April 15, 1979; tr…

20:04:30:08. Determination of tenure in the mutuel department. Repealed. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:22, 9 SDR 122, effective March 31, 1983; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 16 SDR 129, effective February 4, 19…

20:04:30:09. Licensing requirement for employees of the mutuel manager. The mutuel manager shall employ only those licensed by the commission unless by special permission of the commission. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:24, 9 SDR 122, eff…

20:04:30:10. Mutuel manager to control access to mutuel department. The mutuel manager shall allow no one to enter the mutuel department other than those entitled to do so by virtue of this article. Source: 5 SDR 87, effective April 15, 1979; transferred from § 20:04:04:25.01, 9 …

20:04:30:100. Twin trifecta tickets on scratched horse to be refunded in first race and exchanged in second race. If a horse is scratched in the first race of the twin trifecta, all twin trifecta tickets on the scratched horse shall be refunded. If a horse is scratched in the sec…

20:04:30:101. Payoff in event of dead heat in either first or second twin trifecta race. In either the first or second race of the twin trifecta, all twin trifecta tickets that select the correct order of finish counting a horse in a dead heat as finishing in any position dead he…

20:04:30:102. Distribution of jackpot pool -- Accumulation of pool. The jackpot pool shall be distributed only to holders of second-half twin trifecta tickets selecting the first three officially declared finishers in exact order in the second twin trifecta race. If there is no t…

20:04:30:103. Distribution of current program's divided pool when second half of twin trifecta is not declared official. If for any reason the second half of the twin trifecta is not declared official, the winning ticket holders who have cashed their tickets on the first half and…

20:04:30:104. Carryover of maximum jackpot pool -- Establishment and accumulation of seed pool. When the maximum amount permitted to accumulate in the twin trifecta jackpot pool pursuant to § 20:04:30:96 is reached during a performance in which no one holds a winning ticket for t…

20:04:30:105. Distribution of jackpot and seed pools. If a winning twin trifecta ticket on the second twin trifecta race is issued when the seed pool is in existence, the jackpot pool shall be awarded to the winner; and the seed becomes the jackpot pool for the next performance. …

20:04:30:106. Special race for final distribution of pools and wagers on second twin trifecta race. If no further twin trifecta races are scheduled or planned at a facility, a special race may be held, after securing permission from the director of racing, for the purpose of fina…