3769-6-38. Failure to operate

If when the starter gives the signal for the start of any race, the doors at the front of one or more of the stalls should fail to open, causing the occupant or occupants to be left, or if a horse is not in the starting gate stall when the field is dispatched, thereby causing a horse to be left, the starter shall notify the stewards immediately, who shall notify the parimutuel department that such horse or horses so left shall be deemed for all purposes not to have participated in said race but to have been withdrawn therefrom immediately subsequent to the finish of the next preceding race; and the permit holder shall thereupon make disposition of wagers upon such horse or horses in accordance with such notification by the stewards, and pursuant to the provisions of rule 3769-4-38 of the Administrative Code. If such a situation should arise with respect to a race for which nominating, eligibility or starting fees have been paid, all fees paid with relation to the horse or horses left shall be deducted from the purse and refunded to the nominator or the respective nominators.

Five Year Review (FYR) Dates: 10/14/2020 and 10/13/2025
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 03/15/1966, 01/01/1985

Prior History: (Five Year Review (FYR) Dates: 10/18/2017 and 10/18/2020
Promulgated Under: 119.03
Statutory Authority: 3769.03
Rule Amplifies: 3769.03
Prior Effective Dates: 1/1/85)