3769-15-30. Declaration to start and drawing horses

(Declaration and entry are used interchangeably as indicated).

(A) Declaration also known as the entry box. The permit holder shall provide a locked box with an aperture through which declarations (entries) shall be deposited.

(B) At all commercial tracks the entry (declaration) box shall be opened by the presiding judge or an official designated by the presiding judge, at the advertised time. No owner, trainer or authorized agent for a horse with a declaration shall be denied the privilege of being present. Under the supervision of the presiding judge, or an official designated by the presiding judge, all entries shall be listed, the eligibility verified, preference ascertained, starters selected and post positions drawn. An original condition (not substitute races) on the condition sheet may not be altered and the race must be contested if at least eight horses, representing eight separate betting interests, are entered and meet the eligibility standards. If it is necessary to reopen any race, public announcement shall be made at least twice and the box reopened at a specified time.

(C) Drawing of post positions for the second heat in races of more than one dash at parimutuel meetings, may be conducted by the judges from the stand for succeeding dashes.

(D) Declarations (entries) made by mail, or telephone that are actually received and evidence of which is deposited in the box before the time specified to declare in, shall be drawn in the same manner as the others. Such drawings shall be final. Mail and telephone declarations (entries) must state the same information that is required by paragraphs (B)(3), (B)(4), (B)(5), (B)(6), and (B)(7) of rule 3769-15-19 of the Administrative Code. It shall be the responsibility of the racing secretary to see that such entries are signed by the person receiving the same.

(E) When a track requires a horse to be entered at a stated time, failure to enter as required shall be considered a withdrawal from the event.

(F) After declarations (entries) to start have been made, no horse shall be withdrawn from the race except by permission of the judges. A fine and/or suspension shall be imposed for withdrawing a horse without permission and the penalty shall apply to both the horse and the party who violated the regulation.

(G) Such drawings shall be final unless there is conclusive evidence that a horse properly entered was omitted from the race through the error of a track or its agent or employee in which event the horse shall be added to the race but given the last post position, provided the error is discovered prior to either scratch time or the printing of the program; however, in the case of early closers of more than ten thousand dollars and stake and futurity races, the race shall be redrawn. This shall not apply at commercial parimutuel meetings in overnight events.

(H) Drivers may be changed until the time prescribed by the judges, after which no driver may be changed without permission of the judges and for good cause.

(I) For all overnight events, starters and also eligibles shall be drawn by lot from those properly declared in, except that a race secretary must establish a preference system for races as not more than one conditioned race per day may be divided into not more than two divisions after preference has been applied and the divisions may be selected by the race secretary. For all other overnight races that are divided, the division must be by lot unless the conditions provide for a division based on performance, earnings or sex.

Replaces 3769-15-30

Five Year Review (FYR) Dates: 3/20/2019 and 03/20/2024
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 01/01/1985, 10/04/1992, 02/06/1999, 07/01/2001, 01/01/2006, 10/05/2006, 02/01/2011

Prior History: (Effective: 02/01/2011
R.C. 119.032 review dates: 09/15/2015
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/1985, 10/4/92, 2/6/99, 7/1/2001, 1/1/2006, 10/5/06 )