Section 69.5-02-01-09 - Stake races provisions1. Conditions for stakes that conflict with the rules, are vague, or inconsistent may not be published and, if published, are of no effect insofar as they so conflict.2. Conditions for stakes must be approved by the commission prior to publication and must include the following information:a. The categories of horses that are eligible to be nominated;b. The amount to be added to the purse by the association; c. The dates and amounts of nomination and sustaining payments;d. Whether the event will be: (1) Raced in divisions; or(2) Conducted in elimination heats if more horses than the maximum allowed to compete in one division are declared; ande. The percentage distribution of the purse to the money winners in each heat or dash, and the formula for calculating the distribution if the number of starters is less than the number of premiums advertised. 3. The date and place where stakes will be raced must be announced as soon as that information is determined.4. Conditions may not be changed after nominations have been received except with the approval of the commission.5. All nominations to stakes must:b. Be signed by the owner, trainer, or his authorized agent. c. State the name and address of the bona fide owner or lessee, or both, as the case may be.d. Identify by age, name, color, sex, sire, and dam each horse nominated.e. Name the event or events for which the horse is being nominated.f. Be made at least five days prior to the race for which the nomination is made.6. No deductions may be made for clerical or any other expenses from nomination or sustaining payments or from added money.7. The dates for the closing of nominations must be: a. For stakes nominating yearlings, not later than May fifteenth.b. For stakes nominating other than yearlings, the fifteenth day of the month.c. For futurities, not later than July fifteenth of the year of foaling.8. Nominations for stakes on races for two-year-olds may not be taken prior to February fifteenth.9. Sustaining payments for stakes are payable on the fifteenth day of a month, but no stake sustaining fee becomes due prior to February fifteenth of the year in which the horses nominated become two years of age.10. If the day of closing of nomination or sustaining payment falls on a Sunday or legal holiday, the day of closing must be the next business day.11. Declaration fees become due and payable when a horse is properly declared.12. When a horse has been properly declared its declaration fee may not be refunded..13. Unless otherwise specified by the association or sponsor of a race, conditions are invalid that have the effect of eliminating horses nominated to an event or adding horses that have not been nominated to an event because of the performance of those horses after the closing of nomination. 14. The eligibility of the horse nominated is not affected by the sale of the horse after its nomination has been accepted unless the contrary is specified in the conditions.15. An association shall provide a list of nominations to each nominator and to the commission in all stakes within a month after the date on which payments were due, including a resume indicating the current financial status of the event by listing the number of horses remaining eligible and the amounts of nomination and sustaining payments received. 16. Nomination fees to futurities are not refundable.17. No deductions are permitted from the purse for any event that is allotted to "consolation" races.18. An association has the right to require at least five separate interests to start in all stakes but if less horses than required are declared to start, the race may be declared off and in that case the total of nomination and sustaining payments received must be divided equally in respect to the horses declared to start without being credited as purse winning. 19. Futurities must be contested if one or more horses are declared to start.20. If no declarations are made, the total of nomination and sustaining payments must be divided equally and awarded in respect to the horses remaining eligible after payment of the last sustaining payment, without being credited as purse winnings.21. When a stake is split into divisions: a. The added money, nomination, and interim fees must be divided equally among the divisions; andb. The declaration and starting fees must be divided in proportion to the number of horses starting in each division.22. Unless otherwise specified in the conditions, if more horses than are allowed in one field are declared, the race must be conducted in divisions or eliminations and in accordance with the following provisions: a. For stakes conducted in divisions: (1) Starts must be divided by lot;(2) All divisions must be raced on the same day; and(3) The association shall contribute to each division additional added money so that portion of the purse equals at least seventy-five percent of the original amount.b. For stakes conducted in elimination:(1) Starters must be divided by lot with sixty percent of the total purse to be divided equally among the elimination heats, and the final heat to be contested for forty percent of the total purse;(2) Eliminating heats and the final heat must be raced on the same day, unless conditions provide otherwise, and in that case elimination heats must be contested not more than ten days prior to the date of the final heat;(3) The winner of the final heat must be the winner of the stake;(4) If there are two elimination heats, the first four finishers in each heat shall qualify for the final heat and if there are three or more elimination heats, not more than three horses from each elimination heat shall qualify for the final heat; and(5) Judges shall draw by lot the post positions for the final heat to determine which of the two elimination heat winners shall have the pole and the second position and which of the two horses that were second shall start in the third and fourth positions, and shall in that manner determine all of the positions for the final heat.23. In all cases, the number of horses allowed to start in the final heat may not exceed the maximum number permitted to start.24. A horse that is on the qualifying, veterinarian, starter, or judges' list may be nominated but is not eligible to declare or start in a stake unless it is removed from those lists before the time of declaration or starting.N.D. Admin Code 69.5-02-01-09
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10