3 Del. Admin. Code § 1001-9.0

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

Section 1001-9.0 - Agents, Authorized and Jockey

9.1 Agency Permitted:

9.1.1 Any registered Owner or Jockey or Apprentice Jockey holding a permit issued by the Commission may, as a principal, authorize another person as an agent to act in such principal's behalf in all matters pertaining to racing and transfer of horses at Licensee's premises. Such authorization shall be in writing and shall define the powers, limits and terms of such agency.

9.2 Registration or Permit Required:

9.2.1 No person may act as agent on behalf of another individual in a matter pertaining to racing at Licensee's premises or in the transfer of horses on its grounds unless both principal and agent have been duly issued a current registration or permit authorizing such activity.

9.2.2 If an Authorized Agent is to act on behalf of more than one principal, a separate registration or permit must be obtained as to each principal. Applications for such shall be accompanied by the written agency appointment, signed by the principal and notarized.

9.2.2.1 If such agency appointment is other than one authorizing broad general powers and qualifies or limits powers of the Agent to act on behalf of the principal in any material way, then such registration or permit, if issued, shall indicate thereon such limitation.

9.2.2.2 Any Racing Official may deny any Authorized Agent whose registration or permit is so limited any right to take action as such until he has inspected a copy of the agency appointment and ascertained to his satisfaction that any act in question is empowered by such agency.

9.2.2.3 Jockey Agents. Each jockey agent shall obtain a license from the Commission.

9.2.2.3.1 Number of Jockeys an Agent May Be Permitted to Represent.

9.2.2.3.1.1 A jockey agent may represent up to: two journeymen jockeys, and one apprentice jockey.

9.2.2.3.2 If a stable employs more than two contract jockeys, a jockey agent may represent all the jockeys under contract to that stable.

9.2.2.3.3 A jockey agent may not make or assist in the making of any engagement for any rider other than those he is licensed to represent.

9.3 Termination of Agency:

9.3.1 Such Agency shall remain in effect until written notification of revocation is received from the principal by the Commission. In the event a Jockey Agent is dismissed by his employer, or if a Jockey Agent discontinues making engagements for a rider, then such Jockey Agent shall immediately notify the Stewards and turn over to the Clerk of Scales a list of any unfulfilled engagements such Jockey Agent may have made for such rider.

9.4 Acts by Authorized Agent:

9.4.1 Unless precluded by specific limitations in the agency appointment, an Authorized Agent who is registered or who holds a permit granted by the Commission may perform at Licensee's premises on behalf of the registered owner-principal all acts pertaining to racing, including the transfer of ownership of horses, as could be performed by the principal were he present. In executing any document on behalf of the principal, an Authorized Agent shall clearly indicate that he is acting as an Authorized Agent and shall specify the principal for whom he is acting. When an Authorized Agent enters a claim for the account of his principal, the name of the registered Owner for whom the claim is being made and the name of the Authorized Agent shall appear on the claim slip.

9.5 Riding Engagements:

9.5.1 No person other than the contract employer or licensed Jockey Agent who holds a permit issued by the Commission may make riding engagements for a rider, except that a Jockey not represented by an Agent may make his own riding engagements. Such persons permitted to make riding engagements shall maintain in their possession at all times an engagement book and shall record therein riding engagements made, the same being subject to examination by the Stewards at any time. No Jockey Agent may enter the Jockey room, paddock or racing strip during the hours of racing.

9.6 Conflicting Claims for Rider:

9.6.1 Any dispute arising from a conflict of claims for the services of a rider shall be determined by the Stewards on the basis of written records submitted by the parties involved.

3 Del. Admin. Code § 1001-9.0

4 DE Reg. 179 (7/1/00)
17 DE Reg. 1061 (5/1/2014) (Final)