811 KAR 1:045. Entries.
RELATES TO: KRS 230.215, 230.260(1)
STATUTORY AUTHORITY: KRS 230.215(2),
NECESSITY, FUNCTION, AND CONFORMITY: KRS
230.215(2) and 230.260(3) authorize the Authority to promulgate administrative
regulations prescribing the conditions under which horse racing shall be
conducted in Kentucky. This administrative regulation establishes requirements
Section 1. An entry shall:
(1) Be made in writing or by telephone to
the association racing secretary's office;
(2) Include the following information
pertinent to the entry:
(a) The name of the horse;
(b) The name of the trainer;
(c) The name of the driver; and
(d) The class of the race into which the
horse is to be entered; and
(3) Comply with the provisions of 811 KAR
1:055, Section 1 if the entry concerns an overnight event.
Section 2. Payment of Entry Fee. An entry
fee shall be due and payable with declaration to start and shall not be
refunded if the horse fails to start unless the horse dies between the time of
declaration to start and the start of the race.
Section 3. Receipt of Entries for Early
Closing Events, Late Closing Events, Stakes and Futurities. (1) An entry that
is not received prior to the hour of closing shall be ineligible, except an entry
by letter bearing postmark not later than the following day (omitting Sunday).
(a) If an entry or payment in a stake,
futurity, or early closing race is payable on a Sunday or a legal holiday that
falls on Saturday, the payment shall be due on the following Monday, and if
made by mail the envelope shall be postmarked on or before the following
(b) If a payment is due on a Monday that
is a legal holiday, the payment is due on Tuesday, and if made by mail shall be
postmarked on or before the following Wednesday.
(2) Postage meter. If an entry is
received by letter bearing the postage meter date without a postmark, the postage
meter date shall be considered to be a postmark if the letter is received
within seven (7) days following the closing date of the event. A letter
received later than seven (7) days following the closing date of the event
shall not be considered a valid entry or payment.
Section 4. Deviation from Published
Conditions. An entry and payment not governed by published conditions shall be
void and any deviation from published conditions shall be a violation of this
administrative regulation. A nominator who is allowed privileges not in accordance
with the published conditions of the race, or which are in conflict with the published
conditions or with 811 KAR Chapter 1, shall be barred from receiving any portion
of the purse, and any person who knowingly allows the privileges shall be in
violation of this administrative regulation.
Section 5. (1) Ineligible Horse in a
(a) A nominator shall be required to
guarantee the identity and eligibility of entries and declarations. If a
nominator provides incorrect information, winnings shall be forfeited and
redistributed to eligible entries and the person who provided the information
shall be in violation of this administrative regulation.
(b) A person who obtains a purse or money
through fraud or error, with the exception of paragraph (c) of this subsection,
shall surrender or repay the proceeds upon demand. If the proceeds are not
repaid upon demand, the horse that was the subject of the fraud or error, and
all persons involved, shall be in violation of this administrative regulation
and subject to suspension or revocation until repayment is made.
(c) If a horse is declared ineligible as
a result of the negligence of the race secretary, the association shall
reimburse the owner for the resultant loss of winnings.
(2) Ineligible horse drawn into overnight
race. The trainer shall be responsible for entering the horse in the race for which
it is eligible. If an ineligible horse deprives an eligible horse of the
opportunity to run in a race the person responsible for the error shall be in
violation of this administrative regulation.
Section 6. Transfer of Ineligible Horse.
A horse entered in an event for which it is not eligible may be transferred to
any event for which it is eligible at the same gait.
Section 7. Withholding Purse on
Ineligible Horse. An association shall withhold the purse of a horse, with or
without a formal protest, if the association receives information that the
entry or declaration was fraudulent or ineligible.
Section 8. Agreement to Race Under Rule.
An entry shall constitute an agreement that the horse to be entered and all
persons associated with or having control of the horse shall abide by 811 KAR
Section 9. Early Closing Events and Late
Closing Races. (1) Date and place. The sponsor shall state the place and date the
event will be raced and no change in date, program, events, or conditions shall
be made after the nominations have been taken without the written consent of
the owners or trainers of all horses eligible at the time the conditions are
(2) Filing conditions. An entry blank
shall be filed with the Authority.
(3) Payments on the 15th of the month. Nominations
and payments other than starting fees in early closing events shall be advertised
to fall on the 15th day of the month.
(4) List of nominations. A complete list
of nominations to any late closing race or early closing event shall be made
available within twenty (20) days after the date of closing to each nominator
and the Authority.
(5) Procedure if event does not fill. If
the event does not fill, each nominator and the Authority shall be notified
within ten (10) days and refund of nomination fees shall accompany the notice.
(6) Transfer provisions for change of
(a) The following conditions shall govern
transfers if there is a change of gait, unless the association makes available to
the Authority, at least thirty (30) days prior to the first publication, its
early closing conditions and receives the approval of the Authority for those
1. If a condition published for early
closing events allows transfer for change of gait, the transfer shall be to the
slowest class for which the horse is eligible, and eligibility shall be
determined at time of closing of entries.
2. The race to which transfer may be made
shall be the race nearest in time to the date of the event for which the horse
was originally entered.
(b) A two (2) year old, three (3) year
old, or four (4) year old entered in a class that corresponds to its age group
shall be permitted to transfer only to a class for the same age group at the
adopted gait, and the race to which the horse transfers shall be the race
nearest in time to the date of the original event. If transfer is made, entry
fees shall be so adjusted.
Section 10. Subsequent Payments; List of
Eligibles. If subsequent payments are required by the published conditions, a complete
list of those horses withdrawn or declared out shall be made within fifteen
(15) days after the payment was due and the list has been made available to
each nominator and the Authority.
Section 11. Trust Funds. Fees paid in
early closing events shall be segregated and held as trust funds until the
event is contested.
Section 12. Early Closing Events by New
Track. An early closing event at a pari-mutuel meeting shall not be advertised,
nor shall nominations be taken for an early closing event, until the event has
been approved by the Authority. An association accepting nominations to early
closing races, late closing races, stakes, or futurities shall provide stable
space to a horse nominated and eligible to the event the day before, the day
of, and the day after the race.
Section 13. Limitation on Conditions.
Conditions of an early closing event or a late closing race shall not add a
horse that has not been nominated to an event or eliminate an already nominated
horse from an event by reason of the performance of the horse at an earlier meeting
during the same season, and conditions purporting to do so shall be considered
to be invalid. An early closing event or a late closing event shall not have more
than two (2) also eligible conditions.
Section 15. In early closing races, late
closing races, and overnight races requiring entry fees, all monies paid in by
the nominators in excess of eighty-five (85) percent of the advertised purse
shall be added to the advertised purse and the total shall then be considered
to be the advertised purse. In addition to adding excess entry fees as provided
in this section, the sponsor shall add at least fifteen (15) percent to the advertised
purses of late closing races and overnight races. Fifteen (15) percent of all
monies paid in by the nominators shall be added to all early closing races by
Section 16. Penalties. A person or association
that violates any of the provisions of this administrative regulation shall
have committed a Category 1 violation and shall be subject to the penalties set
forth in 811 KAR 1:095, Section 4(1). (KTC
1-8 (Rule 12); 1 Ky.R. 1106; eff. 6-11-75; Am. 4 Ky.R. 238; eff. 5-3-78; 33
Ky.R. 933; 3194; eff. 5-4-2007.)