3 Del. Admin. Code § 1001-1.0

Current through Register Vol. 28, No. 5, November 1, 2024
Section 1001-1.0 - Definitions and Interpretations

In the context of these Rules of Racing, the following words and phrases shall be construed as having the following special meanings:

"Added money": Cash, exclusive of trophy or other award, added by the Licensee to stakes fee paid by subscribers to form the total purse for a stakes race.

"Age": The number of years since a horse was foaled, reckoned as if such horse were foaled on January 1 of the year in which such horse was foaled.

"Arrears": All sums due by any permittee or registrant as reflected by his account with the Licensee or the Horsemen's Bookkeeper, including subscriptions, jockey fees, forfeitures, and any default incident to these rules.

"Authorized Agent": Any person currently registered as an agent for a registered-owner principal by virtue of a notarized appointment of agency properly and fully lodged with the Licensee.

"Betting Interest": A single horse, or more than one horse joined as a "mutuel entry" or joined in the "mutuel field", on which a single pari-mutuel wager may be placed.

"Bleeder": Any horse known to have bled from its nostrils during a workout or race or is found to have bled internally by endoscopic examination. See Rule 15.2.1.1.

"Breeder": Owner of the dam of a horse at the time such horse was foaled. A horse is "bred" at the place of its foaling.

"Call": A written or oral commitment between a jockey or the jockey's agent and trainer or horse owner to secure the riding service of the jockey given prior to the entry of the horse.

"Claiming Race": Any race in which the ownership of every horse running therein may be transferred in conformity with these Rules.

"Closing": Time published by the Licensee after which entries for a race will not be accepted.

"Commission": The Delaware Thoroughbred Racing Commission.

"Commissioner" is a member of the Commission.

"Day": Any 24-hour period beginning at 12:01 a.m. and ending at midnight. "Racing Day" is a day on which races are conducted. "Calendar Days" are those consecutive days counted irrespective of number of "Racing Days."

"Declaration": Withdrawal of a horse entered in a race prior to time of closing of entries therefore in conformance with these Rules.

"Disciplinary Action": That action taken by the Stewards, by the Licensee, or by the Commission, for a Rule violation; it can include suspension, revocation, voidance of a permit, authorization or registration, ejection or exclusion from the Licensee's grounds, or assessment of a forfeiture, or reprimand, or any combination thereof.

"Disqualification": An order of the Stewards revising the order of finish of a race.

"Entry": The act of nominating a horse for a race in conformance with these Rules. See "Mutuel Entry".

"Equipment": Accouterments, other than ordinary saddle, girth, pad, saddle cloth, and bridle carried by a horse, including riding crop, blinkers, tongue strap, muzzle, hood, noseband, bit, shadow roll, martingale, breast plate, bandages, boots, and racing plates or shoes.

"Exhibition Race": A race between horses of diverse ownership for which a purse is offered by the Licensee, but on which no pari-mutuel wagering is permitted.

"Field or Mutuel Field": A single betting interest involving more than one horse which is formed when the number of horses starting a race exceeds the numbering capacity of the totalizator and where all horses of a higher number are grouped in the "mutuel field".

"Forfeit": Money due by a permittee, registrant or other person to whom these Rules apply because of an error, fault, neglect of duty, breach of contract, or alternative order of the Stewards.

"Handicap Race": A race in which the weights to be carried by the horses therein are assigned by the Licensee's Handicapper with the intent of equalizing the chances of winning for all horses entered. A "free handicap" is a handicap for which no nominating fee is required to be weighted, but an entrance and/or starting fee may be required for starting therein.

"Horse": Any Thoroughbred, whether mare, gelding, colt or filly, which is registered as such with the Jockey Club in Lexington, Kentucky, or, for Steeplechase racing purposes, by the National Steeplechase Association in Fair Hill, Maryland; any Arabian whether mare, gelding, colt or filly which is registered as such with the Arabian Horse Registry of America, Inc. in Westminster, Colorado and for which an Identification Supplement has been issued; and any Quarter Horse whether mare, gelding, colt or filly, which is registered as such with the American Quarter Horse Association (AQHA).

* In these rules of racing, unless otherwise noted, the use of the word "Thoroughbred" shall likewise apply to Arabian horses and Quarter Horses.

"Ineligible": A horse or person not qualified, not permitted, or not authorized under these Rules or conditions of a race to participate in a specified racing activity.

"Jockey": A rider currently authorized to ride in races as a Jockey, or Apprentice Jockey, or Amateur Jockey, or a provisional Jockey permitted by the Stewards to ride in two races prior to applying for a permit.

"Lessee": A registered Owner whose interest in a horse is a leasehold.

"Licensee": Any person, or persons, or corporation, licensed by the Commission to conduct a recognized race meeting at a particular racetrack within this State. When used herein, the word refers to that Licensee of the racetrack at which any matter or thing calling for the application of these Rules arises or occurs.

"Maiden": With respect to flat races, a horse which has never won a flat race at a recognized meeting in any country; a "maiden" which was disqualified after finishing first remains a "maiden"; race conditions referring to "maidens" shall be interpreted as meaning "maidens" at the time of starting.

*In flat races a horse is still a maiden though a winner of a steeplechase or hurdle race, and in steeplechase and hurdle races a horse is still a maiden though a winner on the flat.

"Mandatory Safety Equipment": Helmets and Vests. The helmets and vests that are to be worn while riding astride a horse or pony at any time, for any reason, while on the grounds of a racetrack that comes under the jurisdiction of the Commission. Rule 1.1.65 adopted 11/30/94.

"Match Race": A race between two horses for which no other horses are eligible.

"Meeting": The entire period of consecutive days, exclusive of dark days, granted by the Commission to a Licensee for the conduct of racing, beginning at 12:01 a.m. of the first racing day and extending through a period ending at 11:59 p.m. after the last scheduled race on the last day, which includes all race dates approved by the Commission under 3 Del.C. § 10122(c) including racing dates limited exclusively to the receiving and accepting of wagers or bets on electronically televised simulcasts. See "Recognized Meeting". Rule 1.28 Rev. March 1976.

"Month": A calendar month.

"Mutuel Entry": A single betting interest involving two or more horses entered in the same race and joined for pari-mutuel purposes because of common ties as to ownership so that a wager on one horse joined in a "mutuel entry" is a wager on all horses joined in the same "mutuel entry".

"Mutuel Field": See "Field".

"Nominator": The person in whose name a horse is entered for a race.

"Owner": Any person who holds, in whole or in part, any right, title, or interest in a horse, or any lessee of a horse, who has been duly registered and approved by Licensee as a person responsible for such horse.

"Permittee": Any person authorized by or registered with and approved by the Commission to participate in any designated way in racing at the location where Licensee is authorized to conduct a racing meet. See "Registrant".

"Place": When used in the context of a single position in the order of finish in a race, "Place" means second; when used in the context of a pari-mutuel wagering, a "Place" wager is one involving a payoff on a betting interest which finished first or second in a race; when used in the context of multiple positions in the order of finish in a race, "Place or Placing" means finishing first, or second, or third. See "Unplaced".

"Post": The starting point of a race.

"Post Position": The relative place assigned to each horse, numbered from the inner rail across the track at the starting line, from which each horse is to start a race.

"Post Time": The advertised moment scheduled for the arrival of all horses at the starting point for a race.

"Prize": The combined total of any cash, plate, purse, premium, stake, trophy, reward or object of value awarded to the Owners of horses according to order of finish in a race. No race shall be authorized or permitted for a purse, stake or reward of less than $700.00, except in the event of a split race, in which case the purse, stake or reward shall be equally divided. Rule 1.30 Rev. July 1977.

"Purse": The gross cash portion of the prize for which a race is run.

"Purse Race": Any race for which entries close less than 72 hours prior to its running, and for which Owners of horses entered are not required by its conditions to contribute money toward its purse.

"Race": A running contest between horses, ridden by Jockeys, over a prescribed course, at a recognized meeting, during regular racing hours, for a prize.

"Racing Official": Any person appointed and designated as such, and authorized to perform the duties prescribed at any race meeting authorized by the Commission.

"Recognized Meeting": Any meeting with regularly scheduled races for horses on the flat or over jumps, licensed by and conducted under rules promulgated by a governmental body, including any such authority which has reciprocal relations with the Jockey Club of Lexington, Kentucky, whose race records can be provided to a Licensee by the Jockey Club and any such authority which has reciprocal relations with the American Horse Registry of America, Inc. in Westminster, Colorado.

"Registrant": Synonymous with "Permittee".

"Registration Certificate": A document issued by the Jockey Club of Kentucky certifying as to the name, age, color, sex, pedigree and breeder of a horse as registered by number with the Jockey Club, shall be deemed to refer also to the document known as a "racing permit" issued by the Jockey Club in lieu of a "registration certificate" when a horse is recognized as a Thoroughbred for racing purposes in the United States, but is not recognized as a Thoroughbred for breeding purposes insofar as registering its progeny with the Jockey Club.

"Reward": Any non-monetary prize, as defined in Rule 1.1.3.9, with a monetary value in excess of $2,500.00, as determined by the fair market value of the prize, given to competitors in a race as an incentive to win, place or show.

*The fair market value of any prize shall be determined by the commission. Evidence of fair market value shall include purchase price and resale value.

"Rules": When used in the plural, shall be deemed to mean all current "Rules" promulgated by the Commission; when used in the singular, shall be deemed to be confined to the numbered "Rule", and subparagraphs thereof, wherein such mention is made.

"Rulings": All determinations, decisions, or orders of the Stewards duly issued in writing and posted. Rule 1.48 Rev. March 1976.

"Scratch": Withdrawal of a horse entered for a race after time of closing of entries therefore in conformance with these Rules.

"Scratch Time": Time set by Licensee's Racing Secretary as a deadline for horsemen to indicate their desire to scratch out of a race.

"Specimen": Sample of blood, urine or saliva taken or drawn from a horse for chemical testing.

"Stakes": All fees paid by subscribers to an added-money or stakes race for nominating, eligibility, entrance, or starting, as may be required by the conditions of such race, such fees to be included in the purse.

"Stakes Race": A race which closes more than 72 hours in advance of its running and for which subscribers contribute money towards its purse.

"Starters": When referring to a horse -- a horse in a race when the starting-gate doors open in front of it at the moment the Starter (a Racing Official) dispatches the horses for a race.

"Stewards": Duly appointed Racing Officials with powers and duties as provided by statute and these Rules.

"Subscription": Nomination or entry of a horse in a stakes race.

"Thoroughbred Racing": The conduct of running contests between horses, each of which is registered with the Jockey Club in Lexington, Kentucky and certified as having a Thoroughbred pedigree, or which is registered and certified by any other authority recognized by the commission, and each of which is ridden by a Jockey, under the auspices of an appropriate governmental regulatory body which has jurisdiction over such.

"Trophy or Plate": For the purpose of calculating a prize or reward, a perpetual trophy or plate shall have no monetary value.

*No trophy or plate shall be considered a reward, as defined by these rules and 3 Del.C. § 10121 and § 10141(c), unless the trophy or plate has a monetary value exceeding $2500.00.

*The fair value market of any trophy or plate shall be determined by the commission. Evidence of fair market value shall include purchase price and resale value. Rule 1.1.57 adopted 11/30/94. Rule 1.1.57 Rev. March 1974.

"Unplaced": Not among the first three horses finishing a race.

"Veterinarian": A veterinary practitioner licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and authorized to practice at the race track.

"Veterinary Technician": A Technician licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and Authorized to practice at the race track. Veterinary Technicians are authorized by the Commission to administer Furosemide (Salix/Lasix) and take samples of blood and urine, both under the supervision of a veterinarian.

"Walkover": A race in which the only starter or all starters represent a single ownership.

"Weigh In": Presentation of a Jockey to the Clerk of Scales for weighing after a race.

"Weigh Out": Presentation of a Jockey to the Clerk of Scales for weighing prior to a race.

"Weight for Age": A standard assignment of pounds to be carried by horses in races at specified distances during specified months of the year, scaled according to the age of the horse, as set out hereinafter in these Rules.

"Workout": A training exercise of a horse on the training or main track of a Licensee during which such horse is timed for speed over a specified distance.

"Year": Twelve consecutive months beginning with January and ending with December.

3 Del. Admin. Code § 1001-1.0

7 DE Reg. 316 (09/01/03)
19 DE Reg. 1010 (5/1/2016)
22 DE Reg. 1000 (6/1/2019)
26 DE Reg. 938 (5/1/2023)
27 DE Reg. 153 (9/1/2023)
27 DE Reg. 860 (5/1/2024) (Final)