Emergency Rules. Notice of New York State Racing and Wagering Board Emergency Rules

Transcription

1 Notice of New York State Racing and Wagering Board Emergency Rules Emergency Rules October 19, 2012 (in effect): Voiding a claim for a horse that is vanned off the track, within one hour of the race, at the discretion of the claimant. The existing rule where a claim is voided if a claimed horse dies on the track remains in place. (Rule ) December 12, 2012: Providing that the claimant of a horse shall be notified, within 48 hours after the claim is finalized, of any intra-articular corticosteroid administrations to the horse within 30 days of the race. (Rule ) Out of competition sampling of Thoroughbred racehorses for corticosteroids, methylprednisolone and Clenbuterol. (Rules ) December 26, 2012: Providing that the trainer shall maintain accurate records of all corticosteroid joint injections to a horse trained by them. The record of every corticosteroid joint injection shall be submitted, in a form and manner approved by the Board, by the trainer or treating veterinarian to the Board within 48 hours of treatment. (Rule (b))- Rule prohibiting: (Rule ) (a) the intra-articular administration of methylprednisolone (DepoMedrol) within seven days of the date of a race (b) the administration of all other intra-articular corticosteroids within seven days of the date of a race. (c) the administration of all systemic corticosteroids within five days of the date of a race. (d) the administration of Clenbuterol to a horse within 14 days of the date of a race. Removing Clenbuterol from the 96-hour permissible drug schedule to be in compliance with the above. (Rule ) Removing steroids from permissible 48-hour drug schedule to be in compliance with the above. (Rule ) 46

2 Comprehensive Racehorse Out-of-Competition Foreign Substances Testing, Procedures, and Penalties Policy The New York Racing Association, Inc. July 2010 This document is the Comprehensive Racehorse Out-of-Competition Foreign Substances Testing, Process, and Penalties Policy of The New York Racing Association, Inc. (NYRA). This Policy is effective immediately upon issuance by NYRA and may be amended from time to time. This Policy is promulgated, implemented, and enforced as a NYRA house rule and in no way substitutes, supplants, limits or supercedes the State s separate enforcement of any statute, rule, or regulation otherwise enacted or enforced by the State of New York and the New York State Racing and Wagering Board. In addition to his or her required compliance with all State statutes, rules, and regulations, each licensed and credentialed trainer affirmatively, willfully, irrevocably, and without condition agrees to abide by, and consents to, all of the provisions of this Policy whenever he or she seeks to participate in any racing or training activity at any NYRA racetrack, or has custody or control over a horse on any racetrack operated by NYRA. I. General Terms and Conditions. As a condition precedent to stabling, training, or entering any horse in any competition at any NYRA operated racetrack, all trainers and owners irrevocably agree and consent without condition that all horses on the grounds of the facilities operated by NYRA are subject to testing or inspection by NYRA, which testing may include, but shall not be limited to, the drawing of blood, urine, saliva, or other samples by NYRA, in NYRA s sole and absolute discretion. These samples may be tested by NYRA or by NYRA s designees for the purposes of ensuring compliance with the statutes, rules, regulations, and practices in effect at the racetracks operated by NYRA for the purpose of ensuring the integrity of racing, including but not limited to this Comprehensive Racehorse Out-of-Competition Foreign Substances Testing, Procedures, and Penalties Policy. The implementation and enforcement of this policy is in compliance with NYRA s rights and responsibilities under the Statutes, Rules, and Regulations of the State of New York, including, but not limited to, Title 9 of the NYCRR, Subtitle T, Parts and NYRA has the right, without further prior notice, and each licensed and credentialed trainer affirmatively, willfully, and without condition whatsoever irrevocably agrees and consents to permit NYRA (including its agents or designees) to search the person, or to search the stall area, rooms, lockers, vehicles, automobiles, and any other areas of the NYRA premises occupied by or under the control of any trainer credentialed by NYRA, whether locked or unlocked, and to seize any suspected illegal or unauthorized drugs, medication, paraphernalia, mechanical devices, or other prohibited, unsafe, or cruel items. ALL TRAINERS CREDENTIALED BY NYRA SHALL BE STRICTLY RESPONSIBLE AT ALL TIMES FOR THE CONDITION OF ALL HORSES TRAINED BY HIM OR HER. NO TRAINER SHALL START A HORSE THAT HAS RECEIVED, OR PERMIT A HORSE IN HIS CUSTODY, CARE, OR CONTROL TO RECEIVE, ANY DRUG OR OTHER 47

3 RESTRICTED SUBSTANCE WHICH UNDER THE PROVISIONS OF THIS POLICY COULD RESULT IN A POSITIVE TEST. THE TRAINER SHALL BE HELD STRICTLY RESPONSIBLE FOR ANY POSITIVE TEST CONSISTENT WITH THE PROVISIONS CONTAINED IN THIS POLICY, AND EACH TRAINER CREDENTIALED BY NYRA WILLFULLY AND IRREVOCABLY AGREES AND CONSENTS TO ABIDE BY THE TERMS AND CONDITIONS OF THIS POLICY AND TO BE SUBJECT TO ANY VIOLATIONS OR PENALTIES CONTAINED HEREIN. II. Comprehensive Out-of-Competition Testing Program. NYRA out-of-competition testing is conducted in the following categories: 1. NYRA tests claimed horse upon the transfer of the claimed horse to its new owner. 2. Any horse nominated to a NYRA sweepstakes is subject to testing at random anytime prior to the sweepstakes. 3. Any horse located anywhere on the grounds of the facilities operated by NYRA is subject to random testing on any given day, which random testing is routinely conducted on each day of the year. 4. Any horse that is shipped in to any of the facilities operated by NYRA is subject to random testing on any given day, which random testing shall be routinely conducted on each day of the year. III. Sampling Process. Blood samples are drawn from the horses that are chosen in the categories referenced above. NYRA employs a strict chain of custody with respect to the samples, including the secure shipping of the blood samples to the laboratory at the Equine Institute, Agricultural Sciences Department, Morrisville State College. The laboratory returns the results of the testing to NYRA via electronic mail. NYRA tests blood for foreign substances, including but not limited to: Erythropiebin (EPO) Darbepoietin Oxyglobin Hempure Arausep A zero tolerance policy for the aforementioned substances shall be the practice and procedure until and unless NYRA articulates a policy to the contrary. In the event that a positive finding results, the blood sample is then sent to Olympic Analytical Laboratory, University of California, Los Angeles in order for the positive test result to be again independently confirmed. In the event that a positive finding is re-confirmed in this fashion, the relevant trainer is subject to the procedures and penalties referenced below. IV. Procedure Under This Policy. Applicability. This procedure shall apply when NYRA seeks to (1) deny a trainer s entries and/or (2) to revoke a trainer s NYRA credentials and/or stalls. 48

4 Charges. A trainer whose entries NYRA seeks to deny or whose stalls or credentials NYRA seeks to revoke shall first be served within 30 days of the discovery by NYRA of the relevant alleged violation with one or more charges stating the basis upon which NYRA seeks to act with respect to the trainer. The charge(s) shall be sufficiently detailed so as to allow the trainer a reasonable opportunity to prepare a defense. Egregious Violation. Where the conduct alleged is sufficiently egregious, such as actions which constitute a violation of state or federal law or where the alleged conduct constitutes a threat to public health or safety, or could significantly negatively impact NYRA s business integrity or reputation, the trainer s entries may be denied and/or the trainer s stalls or credentials may be revoked pending the outcome of a hearing. Service of process. Service of process regarding the charges may be effected by personal delivery, FedEx, U.S. mail, fax, or any combination thereof. Service shall be deemed to have occurred on the earliest of when the charges are personally delivered to the trainer, delivered to the trainer s attorney in person or by fax, or when the charges are deposited with FedEx or the U.S. Post Office addressed to the trainer or to the trainer s attorney. Answer. Within three (3) calendar days after the charges are served, the trainer shall submit an Answer to the charge(s) in which the trainer admits or denies the charge(s) and raises any defenses to the charge(s). The Answer shall be submitted to the NYRA Chief Executive Officer, who will select the Hearing Officer. The Hearing Officer may be any one of NYRA s Chief Operating Officer, Chief Financial Officer, Senior Vice President of Human Resources, or an independent professional (i.e., a professional not employed by NYRA). A failure to timely submit an Answer to the charge(s) or a request for particularization of the charge(s) shall be deemed an admission of the charge(s). Hearing. The hearing of the charge(s) shall take place expeditiously after the Answer is received. Any requests by the trainer concerning the scheduling of the hearing shall be decided by the Hearing Officer in the Hearing Officer s sole and absolute discretion. The Hearing Officer will review the charge(s), the Answer, and any defenses of the trainer, and make the determination of NYRA concerning whether the trainer is innocent or guilty of the charge(s). If the trainer is found guilty, denial of entries and revocation of the trainer s credentials and stalls for the minimum period referenced in the applicable section of the penalty structure below is mandatory. Evidence. The rules of evidence shall not apply. There shall be no pre-hearing discovery, other than the production to the trainer of any documents specifically referenced in the charge(s). The trainer being charged shall have the right to be represented by an attorney at the trainer s expense. The trainer shall have the right to confront and to cross-examine adverse witnesses and to call witnesses on the trainer s behalf. Decision. The Hearing Officer shall have discretion to make findings of fact and conclusions as to what penalty, if any, is appropriate. The Hearing Officer shall thereafter render a written decision and send a copy of that decision to the trainer. The Hearing Officer s decision shall take effect immediately, regardless of whether or not an appeal shall ensue, unless otherwise specified in that decision. 49

5 Penalties. NYRA s penalties for positive drug test violations with respect to the foreign substances referenced herein are as follows: 1st Offense. Minimum one-year denial of entries and revocation of stalls and credentials, absent mitigating circumstances. The presence of aggravating factors forms a basis to impose a maximum of a three-year denial of entries and revocation of stalls and credentials. 2nd Offense. Minimum three-year denial of entries and revocation of stalls and credentials, absent mitigating circumstances. The presence of aggravating factors forms a basis to impose a maximum of a permanent denial of entries and revocation of stalls and credentials. 3rd Offense. Permanent denial of entries and revocation of stalls and credentials. Administrative Appeal. Any administrative appeal must be filed with the Chief Executive Officer of NYRA within three (3) days of the issuance of the Hearing Officer s Decision. The Chief Executive Officer of NYRA, together with any two of the Chief Operating Officer, the Chief Financial Officer, the Senior Vice President of Human Resources, or an independent professional (i.e., a professional not employed by NYRA), in the discretion of the Chief Executive Officer, but excluding the individual who served as the Hearing Officer in the matter, (collectively, the Panel ), shall preside over the administrative appeal. The Panel shall review the record evidence and the Hearing Officer s written decision and render a determination of the administrative appeal. The Panel shall have discretion to affirm or to overrule any part or all of the Hearing Officer s written decision and to make new or different conclusions as to what penalty, if any, is appropriate. The Panel shall thereafter render a written determination and send a copy of that determination to the trainer. The determination of the Panel shall be final and shall take effect immediately unless otherwise specified in that determination. There shall be no further appeal of the determination of the Panel. V. No Transfer of Training Responsibilities to Family or Current or Former Employees. Trainers whose entries have been denied and/or who have had their stalls and credentials revoked by NYRA hereunder shall not be permitted by NYRA to transfer the horses in their custody and control and/or their on-track operations to their family relatives or to current or former employees of the trainers. NYRA will only recognize transfers made to bonafide third parties in this regard. 50

6 We Know You Care JOCKEYS VETERINARIANS TRAINERS GROOMS EXERCISE RIDERS - HOTWALKERS ANONYMOUS HOTLINE If you witness anything on the backstretch or frontside which could result in harm to a horse or jockey, or you have knowledge that a horse has an injury or condition which would put him or her at risk in a race, please call Your call is 100% ANONYNOUS 59

7 RULE GOVERNING GATE SCRATCHES DUE TO UNSOUNDNESS It is the policy and rule of The New York Racing Association, Inc. (NYRA), that any horse that is scratched at the gate for unsoundness shall be placed on the Veterinarian s List for a minimum of two (2) weeks. This rule will apply to all horses: Identified by the NYRA Veterinarian at the gate as being sore: or Declared unsound by the jockey, even if the problem is not obvious to the official veterinarian. Once so identified, in order to be removed from the Veterinarian s List the horse will be required to workout in the presence of the NYRA Veterinarian, with the rider who will be named to ride when the horse is next entered in a race. Such workout shall be for a distance of no less that one-half mile. In no event shall the horse be removed from the Veterinarian s List until the passage of two (2) weeks from the date on which the horse was identified as being unsound. In assessing the horse s soundness and eligibility to be removed from the Veterinarian s List, the NYRA Veterinarian may consult with the trainer s private veterinarian and may sample the horse for the presence of medications. This rule shall not apply to horses scratched at the gate for trauma. Horses scratched at the gate for trauma shall be permitted to enter future races at the discretion of the NYRA Veterinarian who shall evaluate the horse s fitness for entry on a case-by-case basis. 60

8 Shock Wave therapy machines on NYRA grounds must be registered with the Chief Examining Veterinarian. The attending veterinarian shall be responsible for reporting treatments to the NYRA Veterinarian and the Stewards. In addition, Security personnel must be present at the time of treatment to log-in the required information. All Shock Wave therapy treatments must be called in to the Veterinary Reporting Line (516) within 24 hours. Reports shall include the trainer, horse, date and time, and area treated. Horses may not race for a minimum of ten (10) days after receiving Shock Wave treatment, whether treated on NYRA grounds or off the premises. THE TREATMENT DAY COUNTS AS THE FIRST OF TEN (10) DAYS. Violations of this rule shall be subject to the review of the Barn Area Violations panel, which may impose penalties up to and including the revocation of both NYRA credentials and the privilege of working upon NYRA s premises. ALL SHOCK WAVE TREATMENTS MUST BE DONE BETWEEN THE HOURS OF 11:00 AM AND 4:00 PM ON MONDAYS, WEDNESDAYS AND FRIDAYS. Please set up an appointment through the Stewards office at (516) ext Following completion of Shock Wave therapy, veterinarians are to provide the attending Security Officer with the specific details for their log-in sheet. (Security personnel are required to submit this information to the Chief Examining Veterinarian and NYRA Steward within 24 hours.) Thank you. 61

9 NYRA ANTI-SLAUGHTER POLICY Any owner or trainer stabled at a New York Racing Association, Inc. (NYRA) track found to have knowingly sold a horse for slaughter will have his or her stalls permanently revoked from all NYRA tracks. NYRA requires its horsemen to conduct due diligence on those buying horses and encourages them to support rescue and adoption efforts and to find humane ways of dealing with horses unable to continue racing. ATTENTION HORSEMEN A revised check cashing policy has been instituted by NYRA. Any person who is responsible for a check that is returned for insufficient funds will receive a warning in the 1st instance and be responsible to paying said funds and an administrative fee before check cashing privileges are reinstated. If a 2nd instance should occur, checkcashing privileges will be revoked. ATTENTION HORSEMEN Any horse entered at a NYRA track and re-enters at a different racetrack without permission from the Stewards or Racing Office for whatever reason, a fine will be issued and horse placed on a 14 day No Entry List. ATTENTION HORSEMEN All horses must report to the Assembly Barn no less than 45 minutes to their designated Post Time. TCO2 testing will take place in Assembly Barn before horses are escorted to paddock. A Fine or scratch may be issued by the NYRA Steward if horses are late to Assembly Barn. 62

10 Phone Extensions Aqueduct Belmont Saratoga Clockers (Training Track) (Main Track) Facilities Horse ID (Dr. Vederosa) Horsemans bookeeper Jockey Club (Steward) Jockey Room Lasix NYRA Vets Office NYSRWB (Steward) NYTHA Ownership Paddock Judge Racing Office Security Barn Security Gate Stall Office Stewards Office (NYRA)

11 Racing Department Stewards CARMINE DONOFRIO (NYSR&WB) DR. W. THEODORE HILL (JOCKEY CLUB) BRAULIO BAEZA, JR. (NYRA) Alternate Stewards STEPHEN LEWANDOWSKI (NYSR&WB) Vice President and Director of Racing PAUL J. CAMPO Assistant Racing Secretary CHRISTOPHER CAMAC Stakes Coordinator ANDREW BYRNES Manager Racing Operations BRUCE JOHNSTONE Starter ROY WILLIAMSON Chief Examining Veterinarian DR. ANTHONY VERDEROSA Examining Veterinarians DR. YESSENIA ALMEIDA DR. DIANNA MEYER DR. SARAH HINCHLIFFE Clerk of Scales TIMOTHY D. KELLY Assistant Clerk of Scales EDWARD F. BROWN SENTELL TAYLOR, JR. MICHAEL MUZIO KELLY GECEWICZ Ownership Registry KELLY GECEWICZ KAREN BRADY CAROL DOLAN Paddock and Patrol Judge PETER FITZGERALD JOSE MORALES, JR. Placing/Patrol Judges MATTHEW SALVATO NYRA Vet Assistant PAULA ADLER DONNA McMULLEN Timer/Placing & Patrol STEPHEN FOSTER Horsemen s Bookkeeper PATRICIA FORTE-WILLIAMS DENISE SPAMPINATO Horse Identification JANET REID Program Production GILDA LIBERO Horsemen s Relations CARMEN BARRERA (Director) New York Stallion Series Coordinator CARMINE SHIRLAW 64 Racing Office Personnel ERIC FRIEDMAN RALPH THEROUX Executive Secretary LORAINE LICCIARDO Credentials LEWIS KOBEL DIANE CONNER ANTHONY JACCINO

12 Track Rules and Conditions Trainers employing unlicensed help are subject to disciplinary action. REGULATIONS FOR HORSES SHIPPING INTO THE NEW YORK TRACKS Foal certificates must be on file with Horse Identification no later than the arrival date of the horse. In the case of unnamed two-year-olds, photocopies will be accepted. All horses vanning in to race must be on the grounds no later than 9:00 A.M. This includes twilight racing days. Horses shipping in from a farm for stabling at the track for a race must have at least one current workout published. JOCKEY FEES In the absence of a contract to the contrary, the following schedule, which has been approved by both NYTHA and the Jockey s Guild, will be implemented by the NYRA Horsemen s Bookkeeper. New fee schedule as of April 2, 2008 Purses $100,000 and Greater Jockey Scale on 55/20/15/7.5/2.5% First 10% Second 5% Third 5% Fourth $105 Others $105 Purses $75,000 $99,999 First 10% Second 5% Third 5% Fourth $100 Others $100 Purses $50,000 $74,999 First 10% Second 5% Third 5% Fourth $100 Others $100 Purses $25,000 $49,999 First 10% Second 5% Third 5% Fourth $100 Others $100 Purses $15,000 $24,999 First 10% Second 5% Third 5% Fourth $100 Others $100 Purses below $14,999 First 10% Second 5% Third 5% Fourth $100 Others $100 For the purpose of this section the purse shall include any purse enhancement amounts awarded for a race by the Breeders Cup, Ltd. In a dead heat for win each winning jockey shall be paid 10% of the owners share of the purse, in a dead heat for other positions the jockeys involved shall divide equally the sum total of the fees they would have received individually, had there not been a dead heat. 65

13 The New York State Racing and Wagering Board Rule Governing Blood Gas Levels (TCO2) As publicly announced and published on February 9, 2005, NYRA will conduct random pre-race testing each race day to detect blood gas levels of total Carbon Dioxide levels (TCO2) of the horses tested. The purpose of these tests is to detect the illegal practice of administering pre-race concoctions commonly known as milkshakes. Milkshaking refers to the illegal administration of a mixture of bicarbonate of soda, sugar and electrolytes to a horse in hopes of reducing fatigue, thus enhancing its performance. For those races selected by the State to require pre-race milkshake testing, a NYRA veterinarian or other duly designated and trained individual shall randomly draw pre-race blood tests while the horse is stabled in the Race Day Assemble Barn. Thereafter, the blood samples will be tested by a State authorized laboratory for (TCO2) levels on a Clinical Auto Analyzer to apply an ion selective electrode method (ISE) for measuring TCO2 in the blood. Trainers of horses testing positive will be referred to the State. Subdivisions (a), (b) and (e) of Section of 9 NYCRR are amended to read as follows: (a) The board may obtain pre-race blood samples from horses for subsequent testing for total carbon dioxide level (TCO2). The board may also obtain post-race blood samples from horses for subsequent testing for TCO2, after a minimum one hour standing at rest period for the horse after its race. It shall be a violation of this rule where the horse s TCO2 level equals or exceeds 37 millimoles per liter or, for horses administered furosemide pursuant to Rule (b)(6)[of this Part], during the four hours before the blood sample was taken, 39 millimoles per liter. (b) It shall be an affirmative defense that the horse s physiologically natural TCO2 level was not exceeded. To demonstrate natural TCO2, its owner or trainer must make a written request to the stewards, within three calendar days of receiving notice of the horse s TCO2 test result, that the horse be held in guarded quarantine for that purpose. The racetrack operator shall make available a three-day guarded quarantine for a time determined by the State steward, at the sole expense of the requesting party, where blood samples shall be periodically taken for subsequent testing by the board. If the owner or trainer properly arranges with the board in advance, then samples shall also be taken and sent for independent testing at another laboratory at the sole expenses of the requesting party. During quarantine the horse shall not race, but it may be exercised and trained at prescribed times that do not interfere with monitoring, sampling, and testing the horse. After the quarantine, the State steward shall determine whether the horse s TCO2 level was physiologically natural for it. The State steward may also require, at least 45 days later, that the horse re-establish its natural TCO2 level with another guarded quarantine to be made available at the sole expense of the racetrack operator. (c) Any guarded quarantine provided by the racetrack operator shall ensure that, at a minimum: 1. Such horse shall be under direct surveillance by at least one guard at all times; 2. Access to the horse shall be restricted to licensed persons who are directly affiliated with such horse, track stewards, or employees of The New York State Racing and Wagering Board, all of whom shall provide their respective track identification badge or Board-issued photo identification card prior to entry; 3. A written or electronic log of all persons who have had access to the horse shall be maintained by the guard, indicating the name and license number or track identification badge number of the person, the date and time of the visit (including time in and out of the restricted area), the nature and purpose of the visit, a description of any and all equipment, paraphernalia, tack, medications, or feed brought to the horse, and all activity observed by the guard during the visit; and 4. The racetrack operator shall maintain such written or electronic logs of guarded quarantine activity for a minimum period of 90 days after the conclusion of the applicable guarded quarantine period. (d) The penalty for violations of this rule shall not be less than (i) for a first violation, a 60-day license suspension and one thousand dollar ($1000) fine; (ii) for a second violation, a 75-day license suspension and two-thousand five-hundred dollar ($2500) fine; and (iii) for additional violations, a one-year suspension and five-thousand dollar ($5000) fine, together with a referral to the board for further action including a possible license revocation. Where independent evidence shows that the horse was treated within 24 hours of its race by means not permitted by section of this subtitle, however, every license suspension shall be for at least two years. Every suspension shall include denial of the privileges of the grounds. (e) For a violation of this rule, a horse shall be disqualified, any purse monies shall be forfeited and redistributed pursuant to section , and the horse shall be subject to pre-race detention and shall be ineligible to race until it tests in compliance with this rule and tests negative for drugs. (g) Excess TCO2 levels. In the event that a claimed horse tests in violation of Rule , and it is not determined that such TCO2 level is physiologically normal for that particular horse, the claimant or his trainer shall have the option to void the claim upon written notice to the stewards within five (5) days of receiving notice of the violation. 66

14 Subdivisions (a) and (b) of Section of 9 NYCRR are amended, and new Subdivision (c) is added to Section to read as follows: (a) A horse that tests in violation of section shall be subject to pre-race detention, without regard to whether the horse is transferred to a new owner or trainer, for a period of six months and then until it tests in compliance with section and tests negative for drugs. If during the detention period a horse again tests in violation of section , then the detention period shall be extended as the stewards shall deem appropriate. The racetrack operator sponsoring the race shall make such pre-race detention available, at the sole expense of the trainer, for at least six hours before the start of the race program and as required by the stewards. Where a claimed horse is found to be in violation of section , the costs of a pre-race detention shall be the responsibility of the party requesting detention. A buyer who was not aware of its pre-race detention requirement for testing positive may void the purchase of a horse, provided it is done within 10 days after receiving notice of the horses s pre-race detention requirement. (b) Each owner who is using a trainer at the time the trainer commits a repeat violation of section shall be required for four months to subject in pre-race detention all horses that were under the care or control of this trainer and any replacements of them. The pre-race detention requirement shall not continue to apply to a horse that is sold during the detention period to a third party in a good-faith, arms-length transaction. The pre-race detention requirement shall not apply unless the trainer s earlier violation happened within the past 12 months and the State steward made a ruling on the earlier TCO2 violation at least 10 days before the trainer s repeat violation. The racetrack operator sponsoring the race shall make such pre-race detention available, at the sole expense of the trainer, for at least six hours before the start of the race program and as required by the stewards. (c) If during a detention period a trainer violates section , then the detention period shall be extended for such time as the stewards deem appropriate TCO2 testing: punishment for failure to cooperate It shall be a violation of Rule (f) for any person subject to the jurisdiction of the Board to fail to cooperate with the blood gas testing program. 67

15 EFFECTIVE IMMEDIATELY...ALL TELEPHONE CALLS INTO AND OUT OF THE RACING SECRETARY S OFFICE AND THE HORSE IDENTIFICATION DEPARTMENT ARE BEING TAPE RECORDED. The New York Jockey Injury Compensation Fund wishes to announce the 2013 assessment and formula. It is as follows: Owners Trainers Shippers Assessment and payment is a $840 base premium, plus.95% of purses earned. Assessment and payment is a $840 base premium, plus; New York Racing Association, Inc. (NYRA) trainers will pay a per stall charge of $.90 per day for each stall allotted and accepted during each stall allotment period as designated by the track where each trainer races. Owners and trainers will be charged $210 each per start for their first four starts (for a maximum of $840 for 2013). Owners willalso be charged.90% of purses earned. Shipping trainers will only be charged a stall fee if they are assigned stalls. You are required to make your payment by 11:00 AM Race Day at the Horsemen s Bookkeeper Office. ATTENTION: TRAINERS YOU MUST HAVE A COPY OF YOUR WORKMEN S COMPENSATION POLICY FOR YOUR BACK- STRETCH EMPLOYEES ON FILE WITH THE NEW YORK STATE RACING AND WAGERING BOARD. ATTENTION: HORSEMEN ALL HORSES ENTERING THE TRACK FOR TRAINING SHALL BE IDENTIFIED BY NAME (IF UN- NAMED BY BREEDING), TYPE OF WORKOUT, DISTANCE AND NAME OF TRAINER. FAILURE TO REPORT THIS INFORMATION TO THE GAP ATTENDANT WILL BE REFERRED TO THE STEWARDS. NEW YORK STATE BREEDING FUND OWNER AWARDS A REGISTERED NEW YORK BRED FINISHING 1st, 2nd OR 3rd IN ALL OPEN RACES $30,000 CLAIMING PRICE AND ABOVE WILL RECEIVE AN OWNERS AWARD FROM THE BREEDING FUND. THE BREEDING FUND WILL DISTRIBUTE THE AWARDS, WHICH ARE NON-PURSE MONIES, ON A BI-MONTHLY BASIS TO ELIGIBLE RECIPIENTS. THE OWNER AWARDS WILL BE DESIGNATED ON OVERNIGHTS AND IN THE PROGRAM AS (NYSBFOA) NEW YORK STATE BREEDING FUND OWNERS AWARDS. FOR INFORMATION CALL: (518) THE PURSE DISTRIBUTION FOR OWNER AWARDS IS BASED ON THE FOLLOWING PAYMENT, NEW YORK SIRED NY 20% FOR 1st, 2nd & 3rd PLACE. NON-NEW YORK SIRED NY 10% FOR 1st, 2nd, & 3rd PLACE. THE MAXIMUM OWNER AWARDS GIVEN TO A HORSE IN ANY RACE IS $20,000. THE FUND DOES NOT PAY AWARDS ON BREEDERS CUP PREMIUMS. ALSO, THE NY STALLION STAKES SERIES IS CONSIDERED RESTRICTED AND DOES NOT EARN OWNER AWARDS. PLEASE NOTE, IF A NY BRED IN A $30,000 CLAIMING IS RUNNING FOR LESS THAN $30,000, THE HORSE DOES NOT EARN OWNER AWARDS. Any equipment which may be used for hypodermic injection (including intravenous injection known as jugging ) or stomach tubing, shall not be permitted to be brought inside a stall which at the time is occupied by a horse scheduled to race within the next twenty-four (24) hours, except under circumstances specifically authorized by an official NYRA Veterinarian or a New York State Racing and Wagering Board Veterinarian. Violation of the above rule may subject the violator to harsh penalties including being banned from practicing at NYRA. TURF RACES If the Stewards consider it inadvisable to run any carded overnight event on the turf, it will be run on the main track at the following distances: TWO YEAR OLDS 1 1/16 mile turf events will be run at 7 furlongs THREE YEAR OLDS AND UPWARD 5 1/2 furlong turf events will be run at 5 1/2 furlongs 1 3/8 mile turf events will be run at 1 1/8 miles 1 mile turf events will be run at 7 furlongs 1 1/2 mile turf events will be run at 1 3/16 miles 1 1/16 mile turf events will be run at 1 1/8 miles 1 5/8 mile turf events will be run at 1 3/16 miles 1 1/8 mile turf events will be run at 1 1/8 miles 2 1/16 mile turf events will be run at 2 miles 1 3/16 mile turf events will be run at 1 1/8 miles Any carded turf race excluding Handicaps/Stakes that are moved to the main track and leave the paddock with 8 betting interests or more the purse will increase by 20%. 68

16 ELIGIBILITY FOR THE ADMINISTRATION OF LASIX (FUROSEMIDE) A horse may qualify by any one of the following means: -the horse has bled visibly during a race or a workout, as determined by the association veterinarian; or -the horse has bled during a race or workout, as determined by an attending veterinarian based upon his/her clinical assessment of the horse which may or may not include an endoscopic examination after the race or workout; or -the horse has been qualified by the State veterinarian or a veterinarian employed by the racetrack for the administration of furosemide in another racing jurisdiction; or -the horse has raced on forosemide in its last race in another racing jurisdiction with rules substantially similar to New York State. -For those horses (which have never run on Lasix) shipping in from out-of-state, the certification form must be filled with the Lasix Coordinator located in Racing Department prior to entry. If determined that a horse has qualified, the horse shall be placed on a list and shall not be permitted to race for the following periods of time: 1st Time -10 days -3rd Time -90 days 2nd Time -30 days -4th Time -1 year EXAMPLE: A horse which bleeds on the 1st of the month may run of the 11th. A horse which has been eligible for the administration of Lasix may be removed from the list, upon authorization from the Stewards. Certification must be filed with the Lasix office prior to entry. NYRA Veterinarians will be administering Lasix. A SINGLE INTRAVENOUS injection of Lasix from 3-10cc s, 4-41/2 hours before post as prescribed by NY State Law. If at the time of administration the Trainer or Representative does NOT communicate the desired dose of Lasix when asked by the NYRA Veterinarian a default dose of 5cc s (250 mg) will be administered. Any horse, which is eligible for the administration of furosemide, must be present on the grounds of the racing association no less than four hours prior to scheduled post time of the race in which the horse is scheduled to compete. A horse, which is not present, at least four hours prior to post time or which has not received the administration of furosemide pursuant to this rule shall be ineligible to start. 69

17 Section Safety helmet required. Every jockey, apprentice jockey and other rider, whether in a race or when exercising or ponying a thoroughbred horse, shall wear a safety helmet of a type approved in writing by the stewards; and no change shall be made in any such helmet without the approval of stewards. Section Safety vest required. Effective October 11, 1995 no jockey (or) apprentice jockey, or exercise rider, pony person or outrider shall participate in any race, train, exercise or pony any horse on such grounds, unless he or she wears a safety vest. Section of the Thoroughbred Rules is amended to read as follows: Naming of Jockeys. In accordance with Section of the N.Y. State Racing and Wagering board: Trainers must engage and name a jockey by time of draw and prior to publication of the overnight. A jockey can be named on only one horse in a race, unless second horse draws onto the also eligible list. Failure to name a rider will require the Stewards, or appointee, to select one by lot. The same rider can be named to both parts of an entry with the understanding that one part will be scratched. A first or second call must be obtained before naming a rider. Section of such rules is amended to read as follows: Section Change of Jockey. Any change of jockey must be sanctioned by the stewards and if no satisfactory reason is given for the change the board steward may suspend or fine any person found culpable in the matter. Before any horse will be permitted to start at the meeting, it must be registered with the Racing Secretary, showing the full name of every person having an owner s interest, other than the trainer s percent. Any change in the ownership of a horse must be immediately reported and the necessary Affidavit of Ownership executed by the new owner and filed with the track registration clerk. Horses claimed, transferred or sold, or placed in the charge of a different trainer must be removed from the grounds within 24 hours, unless permission to remain be given by the New York Racing Association. All horsemen stabling at New York tracks are required to file upon arrival a certificate of insurance for workmen s compensation insurance covering stable employees (including jockeys) in New York State. This certificate must be filed with the New York State Racing and Wagering Board, 400 Broome Street, New York, N.Y Once betting has begun for said race, any horse in that race with less than correct weight must be scratched. Any horse with more weight than should be assigned can either run with that weight or scratch at the owner s/trainer s discretion. The owner or trainer of a horse with excess weight may request a scratch from the Stewards. DRUG TESTING (SECTION ) c) (1) The stewards may require at any time that any horse be sent to the testing enclosure for the taking of such specimens of blood, urine or other materials as shall be directed, as well as for an examination for sponging and such other examination as shall be directed. (2) The board veterinarian may also, when so directed by the Stewards, require the taking of any or all the foregoing specimens from any horse stabled at a track during a meeting. The applicant (i) assumes the risk of and releases and waives against NYRA for any and all claims for loss, loss of use, injury or damage to horses owned or under the control of the applicant or the applicant s invitees incurred while on any NYRA premises, including while such horses are being vanned by NYRA between its facilities unless such injury, loss or damage is caused by NYRA s negligence; (ii) releases and waives against NYRA from any and all claims for injury personally suffered by the applicant while galloping/ponying horses on the premises; and (iii) the parties hereto further agree that each shall be responsible for their own negligent acts and omissions as well as those of their employees, agents and express invitees to the same extent as provided by law. The provisions of the preceding paragraph shall not be deemed waived or affected in any way by the fact that NYRA does or does not presently or may or may not in the future, carry insurance coverage against claims or losses caused by or resulting from damage or injury to property, persons and/or horses while competing on the racetrack, using the training tracks, stables, roads or any other facilities or while on the premises of NYRA or in transit in vehicles owned, leased, contracted for, operated or controlled by NYRA. 70

18 NYRA reserves to itself the exclusive right and sole discretion to enter, modify, alter or change the physical condition or use of any of its facilities, wherever located on its premises. Permission granted to any owner, trainer or jockey or his agents, servants or employees to use NYRA s facilities does not constitute a lease of such facilities. NYRA maintains the sole interest in and exclusive control of its premises and said facilities. NYRA reserves to itself the exclusive right and sole discretion to revoke permission to use its facilities, to reduce the number of stalls assigned and/or change the location of stalls assigned to any owner or trainer. NYRA reserves to itself the exclusive right to produce, exhibit, use or dispose of motion pictures, television programs or other images or authorize or license others to make, exhibit, use or dispose of motion pictures, television programs or other images of horse races and related events, and the names of the jockeys, owners, trainers or horses involved in events or activities, occurring prior, during and subsequent to the running of races on NYRA s premises. In receiving permission to use NYRA facilities or in making an entry in or participating in any race on NYRA s premises, any owner, trainer or jockey or his agents, servants or employees consents to be photographed and to have his or her horses photographed in a motion picture, television program or other image without remuneration to him/her. Upon demand, any of the aforementioned persons shall deliver to NYRA his/her written permission to use and exhibit such motion pictures, television or other images and names for advertising purposes, purposes of trade or other use NYRA shall determine in its sole and exclusive discretion. ANABOLIC STEROIDS Paragraph 9 of subdivsion-(e) of Section of 9 NYCRR is amended to read as follows: (9) hormones and steroids (e.g., testosterone, progesterone, estrogens, chorionic gonadotropin, glucocorticoids {e.g., Prednisolone, Depomedrol}, and anabolic steroids {e.g., Equipoise}], except in conjunction with joint aspiration as restricted in subdivision (i) of this section; the use of anabolic steroids is governed by Rule ; Attention Trainers: Rule (b) requires, The record of every corticosteroid joint injection [ CJI ] shall be submitted, in a form and manner approved by the Board, by the trainer to the Board within 48 hours of treatment. The trainer may delegate this responsibility to the treating veterinarian, who shall make these reports when so designated. This Rule requires you to report all CJIs of your horses, since December 26, online at Contact the NYSRWB / Gaming commision with any questions. Compliance is mandatory. New Section is added to 9 NYCRR to read: (a) The use of one of four approved anabolic steroids shall be permitted under the following conditions: (1) Not to exceed the following permitted urine or plasma threshold concentrations: 16ß-hydroxystanozolol (metabolite of stanozolol (Winstrol)) - 1 ng/ml in urine Boldenone (Equipoise) In male horses other than geldings, including free boldenone and boldenone liberate from its conjugates 15 ng/ml in urine Nandrolone 1 ng/ml in urine Testosterone In geldings 20ng/ml in urine In fillies and mares 55 ng/ml in urine (2) Any other anabolic steroids are prohibited to be administered. The presence of more than one of the four approved anabolic steroids above the approved thresholds is not permitted. (4) Post-race urine or plasma samples collected from intact males must be identified to the laboratory. (5) Any horse to which an anabolic steroid has been administered in order to assist in the recovery from an illness or injury may be placed on the veterinarian s list in order to monitor the concentration of the drug in the urine. Once the concentration is below the designated threshold the horse is eligible to be removed from the list. (b) A violation of this section shall be considered a positive test within the meaning of Part OVERNIGHTS AND STARTER HANDICAPS In the event of the overfilling of all overnights and Handicaps, condition eligibility and HIGHWEIGHTS (Scale Weights considered) will be preferred. Additional entries will be placed on the also-eligible list and drawn in by highweight preferred. An Overnight or Starter Handicap will be closed when the weights are published. Any horse that is a supplement to an ovenight stake the fee may be waived at the discretion of the racing secretary. Additionally any fees may be waived in any Sweepstake at the discretion of the Racing Secretary. 71

19 SAME OWNER ENTRY No same owner entry (double) will be allowed to draw into the body of a race to the exclusion of a different owner entrant, except in a Sweepstakes where condition eligibility, highweights, gross lifetime earnings, etc. are preferred in conditions. At time of entry one part of a same owner entry must be preferred. CLAIMING RACES Section Who may make claim. (a) Claims may be made by an owner licensed for the current year, or his duly authorized agent, if the owner is presently registered in good faith for racing at that meeting, and has nominated a starter in the previous or current race meet of the licensed or franchised racing association, up to or including the race in which the claim is made. Such claim shall be in the name of the owner making the claim, or in the name of the entity of which the claimant is the managing owner, or (b) The holder of a certifi cate of eligibility to claim. A person who has not previously been licensed in any state as an owner, upon application for an owners license in this State, may apply to the stewards for a certifi cate authorizing him to claim one horse during the next 30 racing days following the issuance of the certifi cate. The stewards may grant an extension if deemed appropriate. The certifi cate shall be valid for claiming only at the track of the racing association at which it was issued. Such certifi cate shall be issued by the stewards only after they have been advised by the board that after an initial background check, and from the face of the application, the applicant appears to be qualifi ed to be licenced and only after the applicant has designated a licensed trainer who will assume care & responsiblity for the horse to be claimed. (c) No person shall claim any horse in which he has an ownership interest or cause any horse in which he has an ownership interest to be claimed directly or indirectly for his account. (d) Notwithstanding the provisions of subdivision (a) of this section, an [managing] owner who shipped in to race and had a horse claimed from him at the meeting, shall be eligible to claim one horse for that ownership entity for the remainder of the meeting or for the next 30 days whichever is longer. Section (Conditions for starting claimed horse.) If a horse is claimed it shall not start in a claiming race for a period of 30 days since date of claim for less than 25 percent more than the amount which it was claimed. Section (Sale, transfer restricted.) If a horse is claimed it shall not be sold or transferred to anyone wholly or in part, except in a claiming race, for a period of 30 days from the date of the claim. A claimed horse shall not, unless reclaimed, remain in the same stable or under the control or management of its former owner or trainer for a like period. A claimed horse shall not race outside New York State for a period of 30 days from the date of the claim or the end of the meeting at which it was claimed, whichever period of time is longer, except that a horse may run in a sweepstakes elsewhere for which the horse was nominated by its former owner or trainer, or if permission is granted by the stewards. Section (Requirements for claim; determination by stewards.) (a) All claims shall be in writing, sealed in an envelope and deposited in a locked box provided for this purpose by the [clerk of the course] racing secretary or his designee, at least 10 minutes before post time. Claim slip forms must be completely fi lled out and must, in the judgement of the stewards, be suffi ciently accurate to identify the claim, otherwise the claim will be void. No money shall accompany the claim. Each person desiring to make a claim, unless he shall have such amount to his credit with the association, must fi rst deposit with the accociation the whole amount of the claim [in cash], in a manner approved by the racing secretary or designee for which a receipt will be given. All claims shall be passed upon by the stewards, and the person determined at the closing time for claiming to have the right of claim shall become the owner of the horse when the start is effected, whether it be alive or dead, sound or unsound or injured before or during the race of after it, except that the claim is voidable at the decretion of the new owner pursuant to the conditions stated in section of this subchapter [unless the age or sex of such horse has been misreresented], and subject to the provisions of subdivision (b) of the section [,]. In the event more than one person should enter a claim for the same horse, the disposition of the horse shall be decided by lot by the the stewards. [An owner shall not be informed that a claim has been made until after the race has been run, a ] Any horse so claimed shall then be taken to the [paddock] test barn for delivery to the claimant after the test sample is taken. ii. a claim shall be void for any horse that dies during a race or is euthanized on the track following a race. 72

20 POCEDURES for VOIDING a CLAIM (VANNED HORSE) Effective October 19, 2012 Procedures for Emergency Rule (a)(iii) Voidable Claims 9 NYCRR (a)(iii): a claim is voidable at the discretion of the new owner, for a period of one hour after the race is made official, for any horse that is vanned off the track after race. BEFORE A CLAIMING RACE Entries Owners and representatives (trainer, authorized agent) shall be advised to be prepared to resume care, custody, and control of a claiming horse that may be vanned from the track. WHEN A CLAIMED HORSE IS VANNED OFF The state steward shall record on the steward s Program each claimed horse that is vanned off the track and the time that its race was made official. The former owner (e.g., trainer) must remain available to resume the care, custody, and control of the horse immediately should its claim be voided. They must ensure that the stewards will have a means to contact them for this purpose. After the stewards leave the steward stand at the conclusion of racing, the state steward shall stay available at the Board office as needed for a claimant who may yet void a claim, and shall ensure that each obligation of the stewards is performed. The Track and Jockey Club steward(s) may leave, but only upon granting the State Steward a proxy to make the ruling. The new owner (claimant, trainer) should void a claim as quickly as possible. The new owner should take reasonable actions to avoid any interruptions in rendering care to the horse. VOIDING A CLAIM The new owner shall void a claim by completing and filing a Void a Claim form at the track racing office. It must be signed by the managing owner, trainer, or other representative. If the latter, the managing owner or trainer shall be available to affirm the person s authority for the racing office or stewards. The racing office will record the time and date that the form is filed. The form must be completed and filed within one hour after the race is made official. The racing office will immediately notify the stewards, who will rule whether the form was properly and timely completed and filed and, assuming the horse was vanned, void the claim. If the racing office is closed, then the new owner may file this form at the Board office. After the conclusion of racing when the racing office closes, the state steward will be responsible to have the Board office available as needed to allow a new owner to void the claim. In unusual cases, the stewards may permit an alternative method (see infra) to void a claim. As soon as the stewards void a claim, the stewards shall cause the former owner (directly or via the trainer) and the persons attending to the horse to be notified immediately that the ownership of the horse has reverted to the former owner who is now responsible for its care, custody, and control. The former owner shall immediately resume responsibility for the horse. 73