Chapter 50. Racing Officials
Part I
General
11VAC10-50-10. Generally.
No racing official shall participate in any horse racing subject to the jurisdiction of the commission or in the conduct of a race meeting or pari-mutuel wagering of the race meeting unless the person possesses a permit from the commission and complies with the provisions of Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia and the regulations of the commission. Permits issued by the commission are not transferable.
A. Application for permit. A person desiring to obtain a permit as a racing official shall make an application for a permit on a form prescribed by the commission. The application shall be accompanied by a fee prescribed by the commission and shall include the cost of fingerprinting and a background investigation. The applicant shall be fingerprinted upon making his initial application in the Commonwealth. However, the commission, in its discretion, may require fingerprints from any applicant or holder of a permit at any time. The application shall be verified by the oath or affirmation of the applicant. In addition, the applicant shall demonstrate that he:
1. Is of good moral character and reputation;
2. Is experienced in horse racing;
3. Is familiar with the duties the applicant is applying to do and with the regulations of the commission;
4. Possesses the mental and physical capacity to perform the duties of the position; and
An applicant whose vision is essential to the performance of his duties shall take and satisfactorily pass an optical examination every two years. The eye examination results must show natural or corrected 20-20 vision and an ability to distinguish colors correctly.
B. Fee schedule. Before submitting an application for a permit as a racing official, the applicant shall consult the fee schedule of the Virginia Racing Commission to ascertain the applicable fee, make out a check or money order payable to the Virginia Racing Commission or pay in cash the full amount of the fee, and submit the fee with the application.
C. Consideration by commission. The commission shall promptly consider an application and shall issue or deny the permit based on information in the application and all other information before the commission, including any investigation the commission deems appropriate. If an application is approved, the commission shall issue a permit, and the permit shall be valid for one year.
D. Denial of application. The commission shall deny the application if it finds that the issuance of a permit to a person as a racing official would not be in the interests of the people of the Commonwealth, or the horse racing industry of the Commonwealth or would reflect adversely on the honesty and integrity of the horse racing industry in the Commonwealth. The commission shall also deny the application if it finds that the applicant:
1. Has knowingly made a false statement of a material fact in the application or has deliberately failed to disclose any information requested by the commission;
2. Is or has been guilty of any corrupt or fraudulent practice or conduct in connection with any horse race meeting in this or any other state;
3. Has knowingly failed to comply with the provisions of Chapter 29 (§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia or the regulations of the commission;
4. Has had a permit to engage in activity related to horse racing denied for just cause, suspended, or revoked in any other jurisdiction, and such denial, suspension, or revocation is still in effect;
5. Is unqualified to perform the duties required for the permit sought; or
6. Has been convicted of a misdemeanor or felony involving unlawful conduct or wagering, fraudulent use of a credential, unlawful transmission of information, touting, bribery, administration or possession of drugs, or any felony considered by the commission to reflect adversely on the horse racing industry in the Commonwealth.
E. Denial is final. The denial of an application by a person as a racing official shall be final unless an appeal is made by the applicant under the provisions of the regulations of the commission.
F. Prohibited activities for racing officials. No racing official or any assistant of a racing official while serving at any race meeting licensed by the commission shall engage in any of the following activities:
1. Participating in the sale, purchase, or ownership of any horse that is racing at a meeting where the racing official is serving;
2. Being involved in any way in the purchase or sale of any contract on any jockey racing at the meeting;
3. Wagering at race meetings licensed by the commission;
4. Accepting any gratuity or payment, other than regular wages or salary, directly or indirectly; or
5. Engaging in any activity that would impair a racing official's judgment or to function in his assigned capacity.
G. Reporting violations. Every racing official and any assistant are responsible to report immediately to the stewards every observed violation of the regulations of the commission as well as all violations of state and federal laws during the race meeting.
H. Single appointment. No racing official may hold more than one official position unless at the request of the licensee or on its own motion the commission determines that the holding of more than one appointment would not subject the official to a conflict of his interests and duties in the two official positions.
I. Emergency appointment. Any racing official who desires to leave his position or is unable to fulfill his responsibilities must first obtain permission from the commission. The licensee shall promptly appoint a successor, subject to the issuance of the appropriate permit by the commission. In the event of an emergency and the licensee is unable to appoint a successor in time to permit the orderly conduct of racing, the stewards shall immediately appoint a temporary successor.
J. Notification of commission. The list of racing officials to be employed by the licensee shall be submitted to the commission no later than 30 days prior to the opening of the race meeting. The licensee shall be responsible for submitting an application for each racing official who has not been previously issued a permit by the commission no later than 60 days prior to the opening of the race meeting.
K. Fine, suspension, and revocation. A racing official may be fined, be suspended, or have his permit revoked at any time by the commission for incompetence, failure to follow or enforce the commission's regulations, or any conduct detrimental to horse racing. The disciplinary action of the commission shall be final unless the racing official appeals the action under the provisions of this chapter.
L. Attendance at proceedings. A racing official shall attend, when requested by the stewards or commission, any hearing, appeal, or proceeding where his testimony may be material in arriving at a determination of the matter.
M. Interference with other officials. A racing official shall not interfere with the deliberations or the decision-making of other racing officials.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 1.1, eff. December 19, 1990; amended, Virginia Register Volume 35, Issue 22, eff. July 8, 2019.
Part II
Personnel
11VAC10-50-20. General manager.
The licensee shall appoint a qualified person to act as the general manager for any unlimited race meeting. The general manager, and his assistant, if one is appointed, shall oversee the conduct of the race meeting and cooperate with the commission in implementing these regulations. In addition, the general manager's duties include but are not limited to:
1. Providing the procedures, facilities and equipment as set forth in 11VAC10-10-10 et seq. that the race meeting shall be free of any incompetent or unprincipled practices;
2. Ensuring the pari-mutuel wagering at the race meeting is conducted in accordance with the provisions as set forth in 11VAC10-20-260 et seq.
3. Developing, with the assistance of the licensee's marketing and promotional staff, plans for the education of the public concerning horse racing and the growth of the horse industry in the Commonwealth; and
4. Properly supervising the licensee's employees to assure that they are present in sufficient numbers to provide for the public health, safety and welfare as well as to protect the integrity of horse racing.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.1, eff. December 19, 1990.
11VAC10-50-30. Racing secretary.
The licensee shall appoint a qualified person to act as racing secretary for the race meeting. The racing secretary shall be responsible for the conduct of the racing office and all of the licensee's employees who are assigned to the racing office. The racing secretary, and his assistant, if one is appointed, shall also be responsible for the programming of races during the race meeting and all of the duties pertaining to the programming of races. Among the duties of the racing secretary are:
1. Recruiting the highest possible quality of horses for the race meeting and assigning stall space to horses. The racing secretary shall submit the procedures and stall application forms to achieve a quality horse population no later than 60 days before the opening of the race meeting;
2. Receiving and keeping safe, with the assistance of the clerk of the course, registration or eligibility certificates of horses stabled within the enclosure or horses to be entered into races, and returning upon request the certificates to the horse owner or his representative;
3. Publishing at least 30 days prior to the opening of the race meeting and at intervals thereafter acceptable to the commission a condition book or sheet that sets forth the conditions and eligibility for horses to be entered into races for the meeting and distributing the book or sheet among owners, trainers and the commission;
4. Supervising the taking of entries for each day's races, verifying the eligibility, the accuracy of the information submitted with the entry and the weights claimed for the horses, where appropriate;
5. Coupling of entries for wagering purposes, as provided for in these regulations, and assigning horses to the mutuel field for wagering purposes in a manner approved by the stewards;
6. Maintaining a list of horses which were entered but denied an opportunity to race because they were excluded from a race programmed in the condition book or sheet either by overfilling or failure to fill the race. The racing secretary shall submit to the commission for approval, at least 30 days prior to the opening of the race meeting, a detailed description of the manner in which preference will be allocated to those horses excluded;
7. Posting a list of entries or an overnight sheet in a conspicuous location in the racing secretary's office, upon the closing of entries each day, and making available copies of the list of entries or overnight sheet to other racing officials, commission personnel, horsemen, members of the media and the public;
8. Maintaining, with the assistance of the clerk of the course, a permanent record of all stakes, entrance moneys and arrears paid or due, and depositing the moneys in an escrow account as provided in 11VAC10-20;
9. Publishing, with the assistance of the program director, a daily racing program accurately containing all of the information that is deemed appropriate to the type of racing being offered and any other information the commission may deem appropriate;
10. Assigning weights to be carried by each horse in a handicap race, and when weights are not specified by the conditions of the race, the scale of weights of either The Jockey Club or the National Steeplechase Association shall apply, as they are appropriate;
11. Keeping, with the assistance of the clerk of the course, permanent records of the results of each race of the meeting, and updating the registration or eligibility certificate with information deemed appropriate by the commission or the appropriate breed registry;
12. Informing the horsemen's bookkeeper of the results of each race as well as the amounts of purse moneys due and the parties to whom the purse moneys are due and, in general, supervising the account;
13. Posting a list in a conspicuous place in the racing secretary's office of those horses that have been nerved and those horses that have been gelded or spayed;
14. Maintaining, with the assistance of the stall superintendent, a list of the horses stabled within the enclosure, and maintaining a record of arrival and departure of all horses stabled within the enclosure;
15. Supervising the claims clerk in determining the eligibility of owners to claim other horses at the race meeting and whether sufficient funds exist in the horsemen's account or proper funding is available to make a valid claim; and
16. Withdrawing, cancelling or changing any race which has not closed. In the event the cancelled race is a stakes race, all subscriptions and fees paid in connection with the race shall be refunded.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.2, eff. December 19, 1990; amended, Virginia Register Volume 25, Issue 17, eff. May 27, 2009.
11VAC10-50-40. Licensee's veterinarian.
The licensee shall appoint a qualified person to act as the licensee's veterinarian for the race meeting. The licensee's veterinarian shall possess a full and unrestricted license to practice veterinary medicine from the Virginia Board of Veterinary Medicine and shall be present within the enclosure on racing days to perform his duties. The licensee's veterinarian shall be approved by the commission and shall be designated to work under the authority and direction of the commission veterinarian. The duties of the licensee's veterinarian include, but are not limited, to:
1. Performing prerace examinations of horses entered to race on that day's program and recommending to the stewards that horses found to be unfit for racing be scratched;
2. Observing horses in the paddock and being present at the starting gate, where he can recommend to the stewards scratching any horse that he deems to be unfit for racing;
3. Observing horses after the finish of a race and upon their leaving the racing surface for injuries or lameness;
4. Rendering emergency care to horses injured either in workouts or racing when a practicing veterinarian is not readily available to perform these services;
5. Assisting the commission veterinarian in determining horses that are bleeders, either through observing the horse bleed from the nostrils after a workout or a race, by observing a private practitioner's endoscopic examination of a horse following a workout or race, or by retrieving information from other racing jurisdictions;
6. Assisting the commission veterinarian in the supervision and collection of samples in the test barn;
7. Placing horses on the veterinarian's list and observing workouts as needed to remove horses from the veterinarian's list; and
8. Being authorized to humanely destroy any horse deemed to be so seriously injured that it is in the best interests of the horse to so act.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.3, eff. December 19, 1990; amended, Virginia Register Volume 28, Issue 15, eff. April 16, 2012.
11VAC10-50-50. Paddock judge.
The licensee shall appoint a qualified person to act as the paddock judge for the race meeting. The paddock judge shall have general supervision of the paddock and among the duties of the paddock judge are:
1. Assuring that horses are in the paddock at the time appointed by the stewards and reporting to the stewards those horses which are late to the paddock;
2. Assembling the horses and jockeys in the paddock no later than 15 minutes before the scheduled post time for each race;
3. Keeping a record of all equipment carried by all horses in all races and permitting no change in equipment unless authorized by the stewards;
4. Inspecting the leg bandages worn by horses and ordering the bandages removed or replaced as deemed appropriate;
5. Supervising the schooling of horses in the paddock with the prior permission of the stewards;
6. Supervising the farrier assigned to the paddock to ensure that the plating of each horse in each race is examined, determining whether the horse is properly shod, and making changes deemed necessary;
7. Excluding from the paddock all those persons who have no immediate business with the horses entered in a race and reporting rule violations in the paddock area to the stewards;
8. Taking all measures to ensure that the saddling of all horses is orderly, open to public view unless permission to saddle horses elsewhere has been granted by the stewards, free from interference, and further assuring that the horses are mounted at the same time, and leave the paddock for the post parade in the proper sequence;
9. Permitting a horse to be excused from parading and instead permitting that the horse be led to the post, with the approval of the stewards;
10. Assuring that the horse displays the proper saddle cloth number and the jockey wears the proper number before leaving the paddock for the post parade;
11. Keeping a record of those horses accompanied to the post by pony riders; and
12. Checking out horses and drivers as they leave the paddock for warmups prior to racing and checking in their return to the paddock after the warmups for Standardbred race meetings.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.4, eff. December 19, 1990; amended, Virginia Register Volume 33, Issue 2, eff. October 19, 2016.
11VAC10-50-60. Patrol judge.
The licensee shall appoint a sufficient number of qualified persons to act as patrol judges for the race meeting. For flat and jump race meetings, the licensee shall appoint a sufficient number of patrol judges as approved by the commission, and for Standardbred race meetings, a single patrol judge shall ride in the mobile starting gate. Among the duties of the patrol judge are:
1. Reporting, particularly as to any suspected violation of these regulations, during the running of each race to the stewards through radio or telephone communication;
2. Writing a report of their observations of every race, and documenting all violations of these regulations that they observed during the running of the race. These reports shall be delivered to the stewards at the conclusion of each day of racing;
3. Assisting the stewards in making a determination of an objection, inquiry or protest of the running of a race;
4. Assisting the stewards in making up a list of participants in each race to review the films before the commencement of the next succeeding day of racing; and
5. Notifying the stewards of any objection lodged by a driver after a Standardbred race, and the mobile starting gate shall be positioned so that drivers can promptly lodge objections with the patrol judge.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.5, eff. December 19, 1990; amended, Virginia Register Volume 28, Issue 13, eff. March 27, 2012.
11VAC10-50-70. Horse identifier.
The licensee shall appoint a qualified person to act as horse identifier for the race meeting. The horse identifier shall be responsible for the proper identification of all horses entered to race. Among the duties of the horse identifier are:
1. Accompanying the commission's or licensee's veterinarian upon request during the prerace examination of all horses entered to race so as to ascertain their identity;
2. Examining every horse entered to race in the paddock for sex, age, color, markings, lip-tattoo, digital tattoo, microchip, or freeze brand number and name for comparison with the information contained on the certificate of registration;
3. Using photographs, if they exist, as an aid in identifying horses entered to race during the prerace examination and in the paddock prior to racing;
4. Notifying both the stewards and paddock judge of any doubts he has concerning the identity of any horse entered to race; and
5. Assisting the racing secretary in the safekeeping of certificates of registration, eligibility certificates, and racing permits and the recording any information required to be entered on these documents.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.6, eff. December 19, 1990; amended, Virginia Register Volume 35, Issue 22, eff. July 8, 2019.
11VAC10-50-80. Clerk of scales.
The licensee shall appoint a qualified person to act as clerk of scales for the race meeting. The clerk of scales shall be responsible for the security, regulation and control of the jockeys' room, equipment in the jockeys' room and personnel permitted access to the jockeys' room. Among the duties of the clerk of scales are:
1. Securing the jockeys' room and excluding unauthorized persons, and ensuring that no jockey, valet or other person leaves the jockeys' room or paddock until their participation in the racing day is concluded;
2. Supervising the custodian of the jockeys' room and ensuring that the jockeys' room is properly equipped as provided for in 11VAC10-20-190 and informing the stewards and licensee of any deficiencies;
3. Ascertaining that all of the jockeys, who are programmed to ride on that racing day, are in the jockeys' room at the time appointed by the stewards and are in possession of the proper permit from the commission;
4. Weighing out every jockey no later than 15 minutes prior to the race that the jockey is scheduled to ride and recording all overweights which shall immediately be posted and announced to the public;
5. Weighing in every jockey immediately after the finish of each race and promptly notifying the stewards whether any jockey weighed in more than two pounds underweight or overweight;
6. Providing the horsemen's bookkeeper with an accounting of riding fees due each jockey at the end of each racing day;
7. Safekeeping of all racing colors;
8. Reporting all color changes or jockey changes from that listed in the daily racing program and causing any changes to be immediately posted and announced to the public;
9. Supervising the valets and the issuance of numbered saddle cloths and equipment for each horse;
10. Testing the accuracy of the scales at the beginning of the race meeting and conducting periodic tests of the scales thereafter;
11. Submitting to the racing secretary at the close of each racing day a statement of weight carried in each race by each jockey, noting overweight, if any; and
12. Notifying the stewards immediately of all complaints, protests, objections or disputes submitted to the clerk of scales, and if the stewards are not available, then to the commission.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.7, eff. December 19, 1990.
11VAC10-50-90. Placing judge.
The licensee shall appoint three qualified persons to act as placing judges for a flat race meeting. The judges shall occupy a stand directly above the finish line during the running of each race. Among the duties of the placing judges are:
1. Placing horses at the finish of race. The placing judges shall only consider the position of the horses' noses and not any other part of the body;
2. Placing the horses in the order of finish and displaying the result on the infield results board;
3. Calling for a photograph from the photo-finish camera when the finish indicates a close finish or when the judges are not in unanimous agreement as to the correct order of finish;
4. Referring photo-finish photographs to the stewards for concurrence before the order of finish is displayed on the infield results board, when the placing judges are not in unanimous agreement or there is an apparent dead heat following the examination of the photograph;
5. Submitting to the stewards and the horsemen's bookkeeper at the conclusion of each racing day a list of the placings of those in each race and those horses which did not finish;
6. Correcting errors in the displaying of the order of finish on the infield results board, with the permission of the stewards, before the race is declared "official" by the stewards; and
7. For Standardbred race meetings, the stewards may act as placing judges; however, all three stewards shall inspect any photo-finish and be in unanimous agreement before posting the order of finish.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.8, eff. December 19, 1990.
11VAC10-50-100. Starter.
A. Flat races. The licensee shall appoint a qualified person to act as starter for a flat race meeting. The starter shall be responsible for the fair and equal start of all horses at the scheduled starting time by means of a starting gate and bell. Among the duties of the starter are:
1. Ensuring that two operable starting gates are available at all times during racing days and that the starting gates are clean, neat and in good repair;
2. Permitting no horses to be entered in a race unless approved by the starter;
3. Maintaining a starter's list of the horses' names and posting the list in the racing secretary's office of those ineligible to start because lack of training or bad behavior at entering or leaving the starting gate;
4. Schooling those horses which are on the starter's list by being present with an adequate number of assistant starters during hours approved by the stewards, and approving those horses for entry which are making their first lifetime starts;
5. Appointing assistant starters who shall not handle or take charge of a horse in the starting gate without the express instructions from the starter;
6. Changing daily the gate position of each assistant starter without notice to the assistant starters until the field for the first race comes upon the racing surface;
7. Taking all necessary measures to ensure a fair and equal start;
8. Overseeing the post parade of the horses, jockeys, outriders and pony riders from the time they arrive on the track until the start is effected;
9. Ensuring that no jockey dismounts without the permission of the starter. A jockey may dismount only due to accident or injury to horse or jockey or equipment adjustment; in that case the starter may permit all jockeys to dismount. The starter shall delay the start until all jockeys have remounted their horses;
10. Ensuring that no other person than the jockey shall help in effecting a start by striking a horse or shouting at it or otherwise assisting;
11. Causing all horses, so far as is practical, to be loaded in order of post position, but the starter may, in his discretion, load an unruly or fractious horse out of order;
12. Reporting to the stewards any disobedience of his orders or attempts to take unfair advantage at the starting gate and recommending penalties for offenders;
13. Maintaining a written record showing the names of all starters during the racing day and the names of the assistant starters who handled each horse, and making the record available to stewards upon request;
14. Notifying the stewards immediately of any significant failure of the starting gate, or any defect in the starting process if any horse is not in the starting gate when the field is dispatched, or for any other reason a horse does not receive a fair start; and
15. Keeping in constant radio or telephone communication with the stewards from the time the horses leave the paddock until the horses leave the starting gate.
B. Jump races. In jump races, where the horses are started by other than a starting gate, the licensee shall appoint qualified persons to act as a starter and assistant starter. The starter shall be responsible for securing a fair and equal start for all horses at the scheduled time by means of a flag. Among the duties of the starter are:
1. Ensuring that there shall be no start until, and no recall after, the assistant starter has dropped the flag in answer to the flag of the starter;
2. Starting the horses as far as possible in a line, but the horses may be started at a reasonable distance behind the starting post as the starter deems necessary;
3. Cancelling a race unless at least one horse and jockey returns to the starter after the recall flag has been raised for a false start;
4. Declaring a race a walkover if only one horse and jockey returns and satisfies the starter of obeying the recall flag;
5. Restarting the race, when the racing surface is clear, if more than one horse and jockey obeys the recall flag;
6. Ensuring that no jockey dismounts without the permission of the starter. A jockey may dismount only because of an accident or injury to horse or jockey or equipment adjustment; in that case the starter permits all jockeys to dismount. The starter shall delay the start until all jockeys have remounted their horses;
7. Ensuring that no other person than the jockey shall help in effecting a start by striking a horse or shouting at it or otherwise assisting;
8. Reporting to the stewards any disobedience of his orders or attempts to take unfair advantage at the start and recommending penalties for offenders; and
9. Keeping in constant radio or telephone communication with the stewards from the time the horses leave the paddock until the horses start.
C. Standardbred races. In Standardbred races, where horses are started by means of a mobile starting gate, the licensee shall appoint a person qualified to act as starter for the race meeting. Among the duties of the starter are:
1. Maintaining two operable mobile starting gates and ensuring that both mobile starting gates are clean, neat and in good repair;
2. Providing a mobile starting gate with a screen or shield in front of the position for each horse, and the arms of the starting gate shall be perpendicular to the rail;
3. Appointing a qualified person to be the driver of the mobile starting gate;
4. Ensuring that the driver of the mobile starting gate knows and practices emergency procedures in the event there is a malfunction of the starting gate;
5. Maintaining a starter's list of the horses' names and posting the list in the racing secretary's office of those ineligible for entry because lack of training or bad behavior at the starting gate;
6. Schooling those horses which are on the starter's list by being present with a mobile starting gate during nonracing hours, approved by the stewards, and approving those horses coming off the starter's list and those making their first start;
7. Starting qualifying races by being present with a mobile starting gate as directed by the licensee and approved by the stewards;
8. Having control of the horses from the formation of the post parade until the starter gives the word "go";
9. Notifying the drivers during or before the post parade of the number of preliminary warming up scores and calling the horses to the starting gate no nearer than an eighth of a mile from the starting point;
10. Allowing sufficient time so that the speed of the starting gate can be gradually increased, and so that the following minimum speeds will be maintained:
a. For the first eighth of a mile, not less than 11 miles per hour;
b. For the next sixteenth of a mile, not less than 18 miles per hour; and
c. From that point to the starting point, the speed will be gradually increased to maximum speed.
11. Ensuring that the starting point is marked on the inside rail and not less than 200 feet from the first turn, and at the starting point the starter shall give the word "go";
12. Sounding for a recall by flashing a plainly visible light and sounding a recall signal to the drivers, when:
a. A horse scores ahead of the starting gate;
b. There is interference;
c. A horse has broken equipment;
d. There is a malfunction of the starting gate; or
e. A horse falls before the word "go" is given.
However, there shall be no recall after the word "go" has been given and any horse, regardless of its position or an accident, shall be deemed a starter. While the starter shall endeavor to get all horses away in position and on gait, there shall be no recall for a horse that breaks its gait.
13. Recommending to the stewards penalties to drivers for the following actions:
a. Delaying the start;
b. Failing to obey the starter's instructions;
c. Rushing ahead of the inside or outside wing of the gate;
d. Coming to the starting gate out of position;
e. Crossing over before reaching the starting point;
f. Interfering with another horse during the start; or
g. Failing to come up into position.
14. Using a loudspeaker for any other purpose other than to give instructions to drivers is prohibited and the volume of the loudspeaker shall be no higher than necessary to carry the voice of the starter to the drivers; and
15. Notifying the stewards of an unmanageable or bad acting horse or a horse liable to cause accidents or injury to any other horse or driver and recommending to the stewards that unmanageable horses be excused.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.9, eff. December 19, 1990.
11VAC10-50-110. Outriders.
The licensee shall appoint a sufficient number of qualified people to act as outriders for the race meeting. The outriders shall accompany the field of horses from the paddock to the post, assist jockeys with unruly horses, render assistance when requested by the jockey, and be present during morning workouts at flat and jump race meetings to assist exercise riders as required by these regulations.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.10, eff. December 19, 1990.
11VAC10-50-120. Entry clerk.
The licensee shall appoint a sufficient number of qualified people to act as entry clerks for the race meeting. The entry clerks shall assist the racing secretary in the taking of entries for each day's races, verifying the eligibility of the entrants, the accuracy of the information submitted with the entry, the weights claimed for the horses, where appropriate, and assisting the draw for post position. Entry clerks may also serve in other capacities during the race meeting with the approval of the stewards.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.11, eff. December 19, 1990.
11VAC10-50-130. Clocker.
The licensee shall appoint a sufficient number of qualified people to act as clockers for flat race meetings. The clockers shall be present at their assigned locations at the opening of training hours each morning and remain there until training hours are concluded. The clockers shall keep a listing of the name of each horse working out, distance, time, manner in which the workout was accomplished, condition of the racing surface, and any other information deemed appropriate. At the conclusion of training hours, the clocker shall submit the listing to the stewards, racing secretary, media and any other personnel deemed appropriate.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.12, eff. December 19, 1990.
11VAC10-50-140. Gap attendant.
The licensee shall appoint a sufficient number of qualified people to act as gap attendants for flat race meetings. The gap attendants shall be present at their assigned locations at the opening of training hours each morning and remain there until training hours are concluded. The gap attendant shall obtain the name of each horse working out, distance, and the starting and finishing points of the workout, and report this information to the clocker. The gap attendants shall report to the stewards any exercise rider or trainer who refuses to supply this information.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.13, eff. December 19, 1990.
11VAC10-50-150. Timer.
The licensee shall appoint a sufficient number of qualified people to act as timers for race meetings. The timers shall be present at their assigned locations and equipped with stopwatches or other timing devices to record the time of each race, along with appropriate fractional times, in the event of a failure of the electronic timing system or limitations to the electronic system. The timer shall keep record of his time for each race along with the appropriate fractional times.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.14, eff. December 19, 1990.
11VAC10-50-160. Custodian of jockeys' room.
The licensee shall appoint a qualified person to act as custodian of the jockeys' room for flat race meetings or custodian of the drivers' room for Standardbred race meetings. The custodian shall assist the clerk of scales in performing his duties and supervise the valets. Among the duties of the custodian are:
1. Maintaining order, decorum and cleanliness in the jockeys' room and scale rooms;
2. Assisting the clerk of scales as required;
3. Ensuring that no unauthorized persons are admitted to the jockeys' room;
4. Supervising the care and storage of racing colors;
5. Supervising the valets, and arranging with the stewards and clerk of scales a rotation among the valets for the weighing out of jockeys;
6. Ensuring that no valet converses with the public after reporting to the jockeys' room or leaves the confines of the area where they perform their duties which includes the jockeys' room, paddock and winners' circle;
7. Ensuring that jockeys are neat in appearance and properly attired when they leave the jockeys' room to ride in a race;
8. Reporting to the stewards any violation of a regulation occurring within the jockeys' room; and
9. Assigning to each jockey a locker capable of being locked for the use of storing clothing, equipment and personal effects.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.15, eff. December 19, 1990.
11VAC10-50-170. Valets.
The licensee shall appoint a sufficient number of qualified persons to act as valets for flat race meetings. The valets shall attend the weighing out of jockeys prior to riding in races and the weighing in of jockeys after riding in races under the supervision of the clerk of scales and custodian of the jockeys' room. Among the duties of valets are:
1. Reporting to the jockeys' room at the time appointed by the stewards and clerk of scales, and not leaving the confines of the area where they perform their duties which includes the jockeys' room, paddock and winners' circle;
2. Conversing with the public while performing their duties is forbidden;
3. Attending the weighing out of jockey, the saddling of the jockeys' mount prior to racing, and attending the weighing in of jockeys in a rotation approved by the stewards and clerk of scales; and
4. Returning to the confines where they perform their duties is forbidden, once valets have completed their participation in the racing day and left the confines.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.16, eff. December 19, 1990.
11VAC10-50-180. Claims clerk.
The licensee shall appoint a qualified person to act as claims clerk for the race meeting. The claims clerk shall assist the stewards and racing secretary in processing claims filed for horses entered in claiming races. Among the duties of the claims clerk are:
1. Ensuring there is an adequate supply of claiming forms and envelopes provided by the licensee, and the forms and envelopes are in a form approved by the commission;
2. Ensuring that the claims box is locked at the time appointed by the stewards and only opened when the horses for the race enter the racing surface on their way from the paddock to the post;
3. Informing no one except the stewards of any claims filed for a horse in the claiming race and of any multiple claims on a horse entered in the race;
4. Ascertaining that the claiming form and envelopes are properly complete;
5. Ascertaining that the person filing a claim is eligible to claim horses at the race meeting and informing the stewards immediately of any doubts of the person's eligibility to make a claim;
6. Ascertaining that sufficient funds have been deposited with the licensee or exist in the horsemen's account to cover the cost of the claim and informing the stewards immediately of any insufficiency in funds; and
7. Being present when the stewards draw for the successful claimant in those cases where multiple claims are made on a single horse.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.17, eff. December 19, 1990.
11VAC10-50-190. Clerk of the course.
The licensee shall appoint a qualified person to act as clerk of the course for the race meeting. The clerk of the course shall assist the racing secretary in performing his duties. Among the duties of the clerk of the course are:
1. Safekeeping of registration or eligibility certificates and making any notation upon them required by recognized breed registries;
2. Returning registration or eligibility certificates to the owners of the horses or their representative upon request;
3. Publishing conditions and entry forms for stakes and futurities to be run at the race meeting;
4. Receiving nominations for stakes races and futurities, and depositing any fees associated with these races in an escrow account as provided for in 11VAC10-20-10 et seq.; and
5. Maintaining accurate records of race results from each racing day.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.18, eff. December 19, 1990.
11VAC10-50-200. Director of security.
The licensee shall appoint a qualified person to act as director of security for the race meeting. The director of security shall be responsible for the safety and security of the public, participants and physical plant of the horse racing facility. Among the duties of the director of security are:
1. Developing a comprehensive security plan for the horse racing facility encompassing local emergency services available; including fire fighting, law enforcement and medical emergency;
2. Inspecting on a periodic basis the security equipment, such as fences, locks, alarms and monitoring equipment for the horse racing facility;
3. Developing procedures whereby unauthorized persons may be excluded from restricted areas, securing areas where money and mutuel tickets are vaulted, and discovery and expulsion of persons who are a threat to the integrity of racing in Virginia;
4. Supervising the security officers employed by the licensee so that the safety and welfare of the public and participants may be protected and to protect the integrity of racing in Virginia;
5. Developing evacuation procedures in case of a fire or other emergency, and training the licensee's security personnel and other employees in their responsibilities in emergency situations;
6. Inspecting the licensee's first aid and medical facilities and ensuring the personnel are trained, equipped and ready to render emergency assistance to the public and participants when required;
7. Reporting to the commission's director of security any actual, suspected or indicated violation of these regulations or of any criminal offense coming to his attention;
8. Cooperating with commission personnel, Virginia State Police and industry security services in the performance of their duties; and
9. Informing the commission of the licensee's internal accounting controls to safeguard assets, and detect fraud and embezzlement.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.19, eff. December 19, 1990.
11VAC10-50-210. Security officer.
The licensee shall appoint a sufficient number of qualified persons to act as security officers for the race meeting. The security officers shall assist the licensee's director of security in carrying out his responsibilities. The security officers shall conduct themselves so as to protect the safety and welfare of the public and participants and protect the integrity of horse racing in Virginia.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.20, eff. December 19, 1990.
11VAC10-50-220. Mutuel manager.
The licensee shall appoint a qualified person to act as mutuel manager for the race meeting. The mutuel manager shall supervise the operations of the mutuel department and the licensee's personnel employed in the mutuel department so that the public interest and the integrity of horse racing in Virginia may be protected. Among the duties of the mutuel manager are:
1. Inspecting on a periodic basis the operation of the totalizator for the accuracy of its calculations;
2. Assigning a sufficient number of mutuel clerks so that the wagering may be conducted efficiently and without undue delay or inconvenience to the public;
3. Observing the progression of the wagering and informing the stewards immediately of any malfunction in the totalizator or suspected unusual patterns in the wagering;
4. Locking the ticket-issuing machines at the start of the race in the event of a failure in the system or through the inadvertence of the stewards;
5. Making any emergency decisions when there is not sufficient time for consultation with the stewards, but submitting a written report to the stewards and the commission of the action taken and the reason for taking the action;
6. Comparing two independent sets of pool totals at periodic intervals and verifying any discrepancies;
7. Ascertaining the accuracy of the approximate odds and payouts posted on the infield results board;
8. Preparing, at the request of the stewards or commission, special reports on any of the wagering activity during the race meeting; and
9. Safekeeping the records of the wagering activity for a period of at least 30 days following the conclusion of the race meeting and not destroying the records without the permission of the commission.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.21, eff. December 19, 1990.
11VAC10-50-230. Photo-finish camera operator.
The licensee shall appoint a qualified person to act as photo-finish camera operator for the race meeting. The photo-finish camera operator shall be responsible for the operation of the photo-finish camera equipment and for producing prints of photo-finishes of a quality required by the placing judges and stewards. Among the duties of the photo-finish camera operator are:
1. Being in his assigned location in sufficient time prior to the first race to ensure that the photo-finish cameras are operable and sufficient supplies are on hand;
2. Taking clear photo-finish photographs of all horses passing the finish line on two separate cameras;
3. Producing prints of the finishes of any races as requested either by the placing judges or stewards;
4. Notifying the stewards and placing judges immediately of any malfunction in either camera or the inability to produce prints;
5. Supplying the media and other appropriate personnel with the number of beaten lengths of any horses finishing in the race; and
6. Keeping safe films of the finishes of all races for one year after the closing of the race meeting, and not destroying any films without the permission of the commission.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.22, eff. December 19, 1990.
11VAC10-50-240. Video patrol personnel.
The licensee shall appoint a sufficient number of qualified persons to operate the film or video patrol camera for the race meeting. The video patrol camera personnel shall be responsible for the recording of each race during meeting as provided for in 11VAC10-20-10 et seq. Among the duties of the video patrol camera personnel are:
1. Being in their assigned location in sufficient time prior to the first race to ensure that the video patrol cameras and equipment are in operable condition;
2. Making recording of the running of each race clearly showing the position and actions of the horses and jockeys or drivers at close range;
3. Replaying for the benefit of the stewards of any portion of the race requested by the stewards;
4. Notifying the stewards immediately of any malfunction in either the cameras or equipment or the inability to replay any portion of a race;
5. Replaying the running of each race for the benefit of the public and showing the public any riding fouls that resulted in a disqualification; and
6. Safekeeping the records of all races for one year after the closing of the race meeting, and not destroying any of the records without the permission of the commission.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.23, eff. December 19, 1990.
11VAC10-50-250. Program director.
The licensee shall appoint a qualified person to act as program director for the race meeting. The program director shall perform his duties under the supervision of the racing secretary, ensure that all of the information contained in the daily racing program is accurate, and provide all of the information in the daily racing program that is deemed appropriate to the type of racing.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.24, eff. December 19, 1990.
11VAC10-50-260. Track superintendent.
The licensee shall appoint a qualified person to act as track superintendent for the race meeting. The track superintendent shall (i) be responsible for the maintenance of the racing and training surfaces in a safe and humane condition, (ii) keep written records of the maintenance done on the racing and training surfaces and present records for inspection upon request of the stewards or commission, and (iii) keep the necessary equipment and personnel to maintain the racing and training surfaces in proper condition.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.25, eff. December 19, 1990.
11VAC10-50-270. Stall superintendent.
The licensee shall appoint a qualified person to act as stall superintendent for the race meeting. The stall superintendent shall assist the racing secretary in seeing that the horses are in their assigned stalls, establishing a system where horses may not leave or enter the stabling area without the racing secretary's permission, and seeing that the stabling area is maintained in a clean, neat and sanitary condition.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.26, eff. December 19, 1990.
11VAC10-50-280. Horsemen's bookkeeper.
The licensee shall appoint a qualified person to act as the horsemen's bookkeeper during the race meeting. The horsemen's bookkeeper shall assist the racing secretary in maintaining the separate bank account known as the horsemen's account. Among the duties of the horsemen's bookkeeper are:
1. Ensuring the purse money statutorily mandated is deposited in the account within 48 hours after the running of the race and informing the commission immediately of any deficiencies;
2. Making all portions of purse money available when the stewards have authorized payment to the earners;
3. Ensuring that no portion of the purse money, other than jockey fees, is deducted without proper authorization;
4. Ensuring that proper authorization is on file prior to making deductions from the purse money other than jockey fees;
5. Mailing to each owner a duplicate record of a deposit, withdrawal or transfer of funds affecting the owner's racing at the close of the race meeting; and
6. Assisting the claims clerk in determining whether there are sufficient funds available for an owner or authorized agent to claim another horse.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.27, eff. December 19, 1990.
11VAC10-50-290. Other persons qualified to assist racing officials.
The licensee may appoint qualified persons to assist the racing officials for the race meeting. No person shall act as an assistant in any capacity or serve under the supervision of a racing official unless the person has been issued a permit by the commission as provided for elsewhere in these regulations.
Statutory Authority
§ 59.1-369 of the Code of Virginia.
Historical Notes
Derived from VR662-03-01 § 2.28, eff. December 19, 1990; amended, Virginia Register Volume 27, Issue 2, eff. September 27, 2010.
Forms (11VAC10-50)