3 Del. Admin. Code § 1001-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1001-2.0 - Permits, Registrations and Authorizations

2.1 Conditions precedent to registration or issuance of authorization or permit.

2.1.1 Thoroughbred racing and participation therein within Delaware are privileges, not rights, which are subject to the conditions and requirements imposed by these Rules. Acceptance of an authorization, registration or permit as provided for by these Rules shall constitute the recipient's consent and agreement to the requirements of these Rules, and failure to comply therewith shall be grounds for immediate voidance or revocation of such authorization, registration or permit. Registrants and Permittees shall abide by all rulings and decisions of the Commission, the Licensee and/or of the Stewards, and all such rulings and decisions shall remain in force unless and until reversed or modified by the Commission upon proper appeal thereto, or a court of competent jurisdiction.

2.1.2 All rulings and decisions of the Stewards may be appealed to the Commission upon deposit of an appropriate sum to defray all costs attendant.

2.1.3 By applying for, and/or accepting, any authorization, registration or permit provided for by these Rules, the Permittee or Registrant consents:

(1) to a search by the Licensee and/or by the Commission, or their respective representatives, of his person and any property in his possession, such property being restricted to that on Licensee's grounds and including, without limiting thereby, tack rooms, living or sleeping quarters, motor vehicles, trunks, boxes and containers of any sort; and

(2) to seizure of any object which may be evidence indicating a violation of these Rules; and

(3) to having his photograph and fingerprints taken and retained on file by the Commission and/or any other security or investigative agency or entity it may select. During the conduct of an investigation, every Permittee or Registrant shall respond correctly under oath to the best of his knowledge to all questions asked by the Commission, the Licensee, the Stewards or their respective representatives, pertaining to racing matters.

2.2 By Whom Required. No person shall participate in Thoroughbred Racing in Delaware at any Licensee's racetrack as a horse Owner, Trainer, Assistant Trainer, Authorized Agent, Jockey, Apprentice Jockey, Jockey's Agent, Stable Agent, Stable Employee, Racing Official, Licensee's employee, or employee of a person or concern contracting with the Licensee to provide a service or commodity and which employment requires his presence on Licensee's grounds during a race meeting, or Veterinarian, Farrier, Dental Technician or supplier of food, tack, medication or horse feed, without first securing such authorization or permit therefore from the Commission in such form, upon such conditions, and for such fees or charges, as it from time to time, with the Commission's approval, may require.

2.3 Registrar:

2.3.1 The Administrator of Racing is authorized, with the approval of the Commission, to employ a Registrar who shall be responsible for processing applications for authorizations, permits, and registrations of all persons for whom such is required by the preceding section.

2.3.2 The Registrar and his assistants shall:

2.3.2.1 Be present on Licensee's grounds prior to the opening of a race meeting, and during the meeting, to accept such applications and registrations, and shall maintain an office on Licensee's grounds for such purpose.

2.3.2.2 File reports to the Commission respecting such applications with accountings of fees received therefore, as and when required by the Commission.

2.3.2.3 Be responsible for arranging the photographing and fingerprinting of all such applicants for whom Licensee requires such.

2.4 Standards for Granting Permits, etc., to Participants in Racing. The Commission, may allow registration or issue an authorization or permit to any person who applies for same to participate in Thoroughbred Racing at Licensee's racetrack in Delaware as a horse Owner, Trainer, Assistant Trainer, Authorized Agent, Jockey, Apprentice Jockey, Jockey's Agent, Stable Agent, Stable Employee, Racing Official, Licensee's employee, employee of a person or concern contracting with the Licensee to provide a service or commodity and which requires his presence on Licensee's grounds during a race meeting, or Veterinarian, Farrier, Dental Technician, or supplier of food, tack, medication, or horse feed, if the Commission, finds that the financial responsibility, age, experience, reputation, competence, and/or fitness of the applicant to perform the activity so registered or permitted by an authorization or permit, are consistent with the best interests of racing and maintenance of the honesty, integrity, and high quality it heretofore has enjoyed in Delaware.

2.5 Grounds for Refusal, Suspension, or Revocation of a Permit, etc.:

2.5.1 The Commission in its discretion, may refuse to register or to issue an authorization or permit to an applicant, or may suspend or revoke a registration, permit, or authorization previously issued, or order disciplinary measures, on the following grounds:

2.5.1.1 Denial of a license, permit, authorization or registration to an applicant, or suspension or revocation of such, in another racing jurisdiction at any previous time;

2.5.1.2 Conviction of a crime or violation of any narcotic regulation, or association with any person who has been so convicted;

2.5.1.3 Falsification, misrepresentation, or omission of required information in the application submitted to the Commission; failure to disclose the complete ownership or beneficial interest in a horse entered to be raced; misrepresentation or attempted misrepresentation in connection with the sale of a horse or other matter pertaining to racing or registration of Thoroughbreds or Arabians;

2.5.1.4 Failure to comply with any order or ruling of the Commission, Stewards, or Racing Official pertaining to a racing matter;

2.5.1.5 Ownership of any interest in, or participating by any manner in, any bookmaking, pool-selling, touting, bet solicitation, or illegal enterprise, or association with any person ever so engaged in such activity;

2.5.1.6 Person less than 16 years of age;

2.5.1.7 Person unqualified by experience or competence to perform the activity or hold the status for which registration, permit, or authorization is sought;

2.5.1.8 Intoxication, use of profanity, fighting, or any conduct of a disorderly nature, on Licensee's grounds;

2.5.1.9 Employment or harboring of unauthorized persons required by these Rules to register or have a permit or authorization;

2.5.1.10 Discontinuance of or ineligibility for activity for which registration, permit, or authorization was issued;

2.5.1.11 Possession on Licensee's grounds, without written permission therefore from the Commission, the Licensee, or the Stewards, of:

2.5.1.11.1 Firearms;

2.5.1.11.2 Battery, or buzzer, or electrical device, or other appliance other than an ordinary riding crop which could be used to alter the speed of a horse in a race or workout;

2.5.1.12 Possession on Licensee's grounds by a person other than a licensed Veterinarian of:

2.5.1.12.1 Hypodermic needle, or hypodermic syringe, or other device which could be used to administer any substance to a horse;

2.5.1.12.2 Narcotics, or medication, or drug, or substance which could be used to alter the speed of a horse in a race.

2.5.1.13 Use of profane, abusive or insulting language to or interference with a Commissioner, member of the Commission staff, or Racing Official, while such persons are in the discharge of their duties;

2.5.1.14 Cruelty to a horse or neglect of a horse entrusted to a permittee's care;

2.5.1.15 Offering, promising, giving, accepting or soliciting a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race, or failure to report knowledge of same immediately to the Stewards;

2.5.1.16 Causing, or attempting to cause, or participation in any way in any attempt to cause the pre-arrangement of a race result, or failure to report knowledge of same immediately to the Stewards;

2.5.1.17 Entering, or aiding or abetting the entering of, a horse ineligible or unqualified for the race entered;

2.5.1.18 Violation of any rule of the Commission, or aiding or abetting any person in the violation of any such rule;

2.5.1.19 Unfavorable report, on any of the grounds hereinbefore stated, by recognized law enforcement authorities, the Licensee's security director or his designee, inspection bureaus, credit reporting companies, courts or like organizations upon whom the Commission is authorized to rely if it chooses in any given cause to do so;

2.5.1.20 Past or contemplated conduct or utterance which, does or may adversely affect, whether intentionally or unintentionally, and whether in fact or only seemingly, the public's confidence in the reputation Thoroughbred racing heretofore has enjoyed in Delaware for stringent adherence to uncompromising standards of honesty, integrity and propriety;

2.5.1.21 Failure to submit to having his photograph and fingerprints taken and maintained by the Commission;

2.5.1.22 Drug addiction, public drunkenness, financial irresponsibility or failure to pay debts when due, bad moral character, intemperate habits, bad reputation for honesty, truth and veracity, past instance of lying, cheating, or stealing, or involvement in a subject of public notice as involved in any activity which, would be inconsistent with the best interests of racing by reflection on the honesty and integrity of the sport of racing, or association with persons so characterized.

2.6 Permit Application for Participants in Racing:

2.6.1 Any person required to register or have an authorization or permit by Rule 2.2 who desires to participate in Thoroughbred Racing and/or Arabian Racing in Delaware may apply to the Commission for registration, authorization or permit to participate in racing at Licensee's racetrack. Such application shall be made in writing on application forms prescribed by the Commission and filed at the Commission's general office or with the Licensee's Registrar on or after January 2 of the calendar year in which the registration, permit, or authorization is to be in force, but not later than 24 hours after applicant has arrived on Licensee's grounds.

2.6.2 All owners and trainers shall carry workmen's compensation insurance covering all their employees. This paragraph is intended to include all individuals employed by Owners and Trainers in the training and racing of horses. All concessionaires shall carry workmen's compensation covering all their employees.

2.6.2.1 Applications from persons not previously registered or granted an authorization or permit at Licensee's racetrack shall include the names of two reputable persons who will attest to the good reputation of the applicant and to the capability and general fitness of the applicant to perform the activity permitted by the permit.

2.6.2.2 Applications from persons whose age is not readily ascertainable by the Commission or its Registrar shall be accompanied by an attested copy of birth certificate or work permit showing applicant is 16 years of age or older.

2.6.2.3 Fingerprint identification, as well as a photograph, will be required of all registrants and permittees unless waived (e.g., absentee owners and casual delivery personnel who do not enter the stable area).

2.6.2.4 Applications from persons, corporations, partnerships, lessees, or other legal entities involving more than one individual person desiring to race horses at Licensee's racetrack in Delaware shall, in addition to designating the person or persons to represent the entire ownership of such horses, be accompanied by documents which fully disclose the identity and degree and type of ownership held by all individual persons who own or control, directly or indirectly, as a stockholder, syndicate participant, partner, or otherwise, a present or reversionary interest in such horses. No application shall be acted upon until it is satisfied a full disclosure has been made.

2.6.2.5 Applications from persons desiring to treat, or prescribe for, or attend any horse on Licensee's grounds as a practicing Veterinarian or Veterinary Technician, shall be accompanied by evidence that such person is currently licensed as a Veterinarian or Veterinary Technician by the State of Delaware. An accredited practicing Veterinarian not holding a permit or authorization from the Licensee or a license from the State of Delaware, however, may with permission of the Stewards in an emergency be called in as a consultant, or to serve as a Veterinarian for one horse on a temporary basis, and shall not thereby be considered as participating in racing in this State.

2.6.2.6 Applications from persons desiring to treat, or prescribe for, or attend any horse on Licensee's grounds as a Dental Technician shall be accompanied by the name of a licensed Veterinarian who will attest to the technical competence of such applicant and under whose sponsorship and direction such applicant will work on Licensee's grounds.

2.6.2.7 As a condition precedent to the registration or issuance of any permit or authorization required of participants in racing by these Rules, the Commission shall be entitled to charge and collect, and each applicant shall be required to pay, an annual fee in such amount as permitted by 3 Del.C. Chapter 101 for each activity or status for which applicant seeks registration or the issuance of a permit or authorization.

2.6.2.8 The Commission, pursuant to 3 Del.C. § 10131, shall have the power to impose license fees for those participating in a racing meet. The license fees for participants in a racing meet, if imposed by the Commission, shall be payable to the Commission as follows:

2.6.2.8.1 $50 for all owners and all trainers.

2.6.2.8.2 $30 for all veterinarians, farriers, jockeys, apprentice jockeys, jockey agents, and assistant trainers.

2.6.2.8.3 $15 for all licensee vendor and vendor employees.

2.6.2.8.4 $5 for all stable employees and association employees. Rule 2.7 revised 7/2/96.

2.7 Registration: The Commission shall review all registrations, authorizations and permits subject to such security check and other investigation in appropriate instances as it may deem necessary or desirable, and may issue to a permit applicant a temporary authorization or permit to participate in the activity for which application is made pending further processing, investigation, and final action on such application subsequently.

2.8 Term of Authorization:

2.8.1 Registrations, authorizations and permits issued by the Commission hereunder for participants in Thoroughbred Racing shall be valid from the date of issuance through the calendar year shown on such license at all race meetings conducted by a Licensee during such calendar year, unless sooner suspended, revoked or voided, or otherwise permitted by 3 Del.C. Ch. 101. The Commission may renew any authorization or permit and any such renewal shall not be construed to be a waiver or condonement of any violation which occurred prior to such renewal and shall not prevent subsequent proceedings against the holder thereof.

2.8.2 The validity of a registration, permit or authorization does not preclude or infringe upon the common law and absolute right of any Licensee in Delaware, without necessity for giving reason or excuse, to eject or exclude any person from its premises at any time.

2.9 Possession of identification card required:

2.9.1 No person required by these Rules to be registered by, or to have an authorization or permit from the Commission, may participate in any activity for which such is required on Licensee's grounds during a race meeting without having been issued an identification card containing his or her photograph which shall evidence such authorization and having the same in his or her possession.

2.9.1.1 With respect to Owners, or in special cases with respect to others, the Commission may waive this requirement. Also, see Rule 6.1.

This regulation was adopted pursuant to the emergency regulation authority granted by 29 Del.C. § 10119 and the regulatory authority granted by former 28 Del.C. § 328(m).

3 Del. Admin. Code § 1001-2.0

4 DE Reg. 174 (07/01/00)
22 DE Reg. 1000 (6/1/2019)
24 DE Reg. 47 (7/1/2020)
24 DE Reg. 997 (5/1/2021)
26 DE Reg. 938 (5/1/2023) (Final)