This chapter applies to: An entity licensed by the Maryland Racing Commission to hold or conduct a race meeting at which thoroughbred horse racing is permitted for any stake, purse, or reward; All owners, trainers, jockeys, jockey's agents, grooms, or other persons licensed by the Maryland Racing Commission to participate in racing at any of these meetings; and All thoroughbred and nonthoroughbred horse races except as provided by §B of this regulation. If a regulation, or a section of a regulation, is germane to a specific breed of horse, it applies only to that breed. In this chapter, the following terms have the meanings indicated. Terms Defined. “Added money” means the amount contributed to a purse in a race, other than the fees paid by those who nominated, entered, or started in the race. “Age” of a horse is calculated from the first of January in the year in which it is foaled. “Arrears” includes money due for entrance forfeits, fees (including jockey's fees), fines, subscriptions stake, purchase money in claiming or selling races, and any default in money incident to these rules. “Association” means a person or persons, partnership, corporate body, or any other entity licensed by the Commission to conduct a meeting where horse racing is permitted for any stake, purse, or reward. “Authorized agent” means an individual appointed by a person licensed as an owner to act as the owner's representative. A horse is “bred” at the place of his birth. The “breeder” of a horse is the owner of the horse's dam at the time of foaling. A “claiming race” is one in which, according to the conditions, any of the horses engaged may be claimed. “Commission” means the Maryland Racing Commission. A “free handicap” is one in which no liability is incurred for entrance money, stake, or forfeit, until acceptance of the weight, either directly or through omission to declare out. A “handicap” is a race in which the weights to be carried by the horses are adjusted by the handicapper for the purpose of equalizing their chances of winning. A “highweight handicap” is one in which the top weight may not be less than 140 pounds. “Horse” includes mare, gelding, colt, and filly. For racing purposes and programming, horses shall be designated as follows: Male—horse, colt, or gelding; Female—filly or mare. “Maiden” means a horse that has never won a race on the flat in a state or country where racing is supervised by a legalized racing commission or board, or where the races are covered by The Daily Racing Form or other similar authorized publications. A “match” is a race between two horses which are the property of two different owners, on terms agreed upon by them, and to which no money is added; the agreement shall be void if either owner dies. “Recognized meeting” means a meeting held with the sanction of the Commission upon a race course in the State operated by a duly licensed association at the place where the meeting is licensed to be held. The “nominator” is the person in whose name a horse is originally nominated for a race. An “optional claiming race” is one in which only those horses may be claimed which are entered for a claiming price. “Overnight race” means a race, for the purpose of applying the provisions of Business Regulation Article, §11-518(d), Annotated Code of Maryland, which is not a stakes race or a sweepstakes. “Owner” includes sole owner, part owner, and lessee of a horse. “Post time” means the time set for the arrival of the horses in a race at the starting point. The post time shall be shown a reasonable time before the race on a clock device provided for that purpose and shall be prominently displayed and clearly readable from the grandstand. A “private sweepstakes” is one to which no money or other prize is added and which, prior to closing, has not been advertised, either by publication, by circular, by entry blank, or in any other way. A “produce race” is one to be run for by the produce of horses named or described at the time of entry. A “purse race” is a race for money or other prize to which the owners of the horses engaged do not contribute. A “race” includes a stake, a purse, a sweepstakes, a private sweepstakes, a match, or an overnight event, but does not include a steeplechase or hurdle race. “Stakes race” means: For the purpose of applying the provisions of Business Regulation Article, §11-518(d), Annotated Code of Maryland, a race in which the purse consists of not less than $50,000 of added money; and For all other purposes, a race for which: Nominations close not later than 72 hours in advance of its running and for which a fee is assessed on the ownership of a horse that is either nominated to, or entered or started in, the race, or Horses are invited by an association to run for a guaranteed purse of $50,000 or more without the payment of fees. A horse is a “starter” when the stall doors of the starting gate open in front of the horse at the time the starter dispatches the field. “Sweepstakes” means a race: For which fees or other contributions by three or more separate ownerships are distributed according to the conditions of the race; and To which money or other prize may be added. A “walkover” is a race in which only one horse starts, or in which all the starters are owned by the same interest. “Weight for age” means standard weight according to the scale of weights contained in these rules. A weight for age race is one in which all horses carry weight according to the scale, without penalties or allowances. A decision or ruling required by these regulations to be made by an entity that is not subject to the authority of the State is subject to review by the Commission. If the Commission does not concur with a decision of an entity under §A of this regulation, the decision of the Commission controls. Except as provided in §A-1 of this regulation, in claiming races a horse is subject to claim for its entered price by: A licensed owner; An individual authorized to claim in behalf of a registered stable or other multiple ownership entity; or A registered authorized agent in behalf of a person listed in §A(1) or (2) of this regulation. In claiming races a horse is not subject to claim if: The horse has not started for a minimum of 120 days; The last start of the horse was a claiming race; The horse is entered for a claiming price not less than the claiming price of its last start; For the first race following the period specified in §A-1(1) of this regulation, the horse is declared ineligible to be claimed at the time of entry; and The program clearly designates that the horse is ineligible to be claimed. Eligibility to Claim. Except as provided in §B(2) and (3) of this regulation, to be eligible to claim, a licensed owner, registered stable, or other multiple ownership entity shall designate, as the person who will assume control and responsibility of a claimed horse, a licensed trainer who has been assigned stabling on grounds under the jurisdiction of the Commission. A licensed owner, registered stable, or other multiple ownership entity that does not have a licensed trainer with assigned stabling on grounds under the jurisdiction of the Commission is eligible to claim only to replace a horse lost to a claim at a track under the jurisdiction of the Commission. A trainer who is also licensed as an owner, and whose trainer's license is suspended, is not eligible to claim a horse as an owner during the term of the suspension. A person shall not be eligible to claim more than one horse in a race, either directly or through another. A valid claim shall: Be in writing on a form provided by the association; Be in the name of a person qualified to claim a horse; Be signed by the person, or the agent of the person, in whose name the claim is made; Contain the name of the horse to be claimed in a manner sufficient to avoid confusion with the name of another horse in the race; Name the trainer who will assume control and responsibility of the horse to be claimed; Be for the amount printed in the program as the claiming price of the horse; Be enclosed in a sealed envelope, provided by the association, which shall contain no identifying marks on its outside other than the number of the race in which the claimed horse is to participate; Be deposited in a lock box of the claims clerk at least 10 minutes before the post time for the race in which the claimed horse is to participate; and Be supported by funds on deposit at the association in the name of the claimant in an amount sufficient to cover the cost of the claim, any taxes to which the claim may be subject, and 1.5 percent of the claiming price, which shall be paid to the horse retirement program approved by the organization representing the majority of horsemen. After the deadline for entering a claim has passed, the stewards or their designee shall: Open the claim envelopes for the race; If the same trainer is named on more than one claim form, conduct a drawing of those forms, which results in the trainer being named on only one claim form; After ascertaining compliance with §§D and E of this regulation, if there is more than one valid claim for a horse, conduct a drawing to determine the successful claimant; and Notify the Racing Secretary of the identity of the successful claimant and the horse claimed. The stewards may require a person who submits a claim for a horse in a claiming race to make an affidavit declaring that the person is claiming the horse for the person's own account or for the account of another as the registered authorized agent for that person. If the stewards determine that a horse was improperly entered in a claiming race, they may: Void a claim of the horse; Order the claiming monies, including all taxes, refunded to the claimant through the Clerk of the Course, the horsemen's bookkeeper, or otherwise; and Order the return of the horse to the original owner. Except as provided in §H-1 or H-2 of this regulation, unless there is a violation of this regulation by the claimant, or the stewards determine that a horse was improperly entered: The claim is irrevocable and the claimed horse becomes the property of the successful claimant from the time the horse is a starter; and A purse earned in the race from which a horse is claimed is the property of the owner from whom the horse is claimed. A claim shall be voided if a horse is a starter and the horse: Dies on the racetrack; or Suffers an injury which requires the euthanasia of the horse, as determined by a State veterinarian, while the horse is on the racetrack. A claim is voidable at the sole discretion of the new owner, for a period of 1 hour after the race is made official, for any horse that: Is vanned off the track after the race at the discretion of the State Veterinarian; or Is sent to the detention barn and observed to be lame by the State Veterinarian. After the race has been run, the successful claimant shall present verification of the claim by the Racing Secretary to the person accompanying the claimed horse. A properly claimed horse shall be delivered to the successful claimant in the: Paddock, immediately after the running of the race, if the horse is not subject to post-race testing; or Detention area, after the horse has undergone post-race testing, if the horse is subject to that testing. If a trainer refuses to deliver a horse that has been claimed to the successful claimant when verification of the claim is presented in accordance with §I of this regulation, the: Trainer is subject to sanctions; and Claimed horse shall be disqualified from participating in further racing until delivery is made. In claiming races, the following acts, or an attempt to commit the following acts, are prohibited: An agreement to claim, or not to claim, a horse belonging to another owner; Preventing an owner from: Claiming a horse, or Legitimately running a horse in a race; The claiming of a horse by: The owner of the horse, Another person for the account of the owner of the horse, or One owner from another if the trainer of the horse to be claimed trains a horse owned by the entity making the claim; and The entry of a horse if there is: A lien or other encumbrance affecting the transfer of title to the horse unless there is written permission from the holder of the lien or other encumbrance, attached to the horse's foal certificate, allowing the horse to be entered in a claiming race, An ownership dispute, or One owner from another if the trainer of the horse to be claimed trains a horse owned by the entity making the claim; and If a horse is claimed: The horse shall not be eligible to start in a claiming race for less than 25 percent more than the claiming price for a period of 20 days from the date of the claim; For the period of the 21st through the 30th day after the horse is claimed, the horse may only start in a claiming race at a price equal to or greater than the amount for which it was claimed; and For the period after the 30th day after the horse is claimed, the horse may start in a claiming race at any claiming price. The horse may not be sold or transferred to anyone, wholly or in part, for a period of 30 days from the day of the claim, except: In a claiming race, or When the horse is entered and starts for a claiming price which would cause the horse to become ineligible to be entered at Laurel or Pimlico; Unless reclaimed, the horse may not remain in the same stable or under the control or management of its former owner or trainer for a period of 30 days from the day of the claim; It may not race outside of Maryland for a period of 60 days from the day of the claim except: To participate in a stakes race; To participate in a claiming race for a price which would cause the horse to become ineligible to be entered at Laurel or Pimlico; or During the scheduled absence of a live thoroughbred race meet in Maryland for at least 15 days. For the purposes of §M of this regulation, the day of the claim does not count in computing the time restrictions. The stewards shall report action taken by them, in reference to a violation of this regulation, to the Commission which may, in its discretion, take any further action it considers appropriate. A horse which was claimed in another state and entered to race in this State remains subject to the conditions of the claiming regulation in the state where the claim was made until those conditions expire. Notwithstanding information printed in the program or other racing publications, the claimant is solely responsible for determining the horse's: Age; Breeding; Physical condition; Racing record; and Sex. National Steeplechase and Hunt Association. At race meetings conducted by the Cecil County Breeders' Fair, Inc., claiming races shall be run under the conditions of the Rules of the National Steeplechase and Hunt Association, Part XXIII, Rule 203, N.B., as amended 1972. For the purpose of defining a “meeting” as it applies to the eligibility of an owner to make a claim, all meetings sanctioned by the Hunts Committee of the N. S. & H. A. conducted between January 1st and June 30th of any one calendar year shall be deemed to be “one meeting”, and all meetings conducted between July 1st and December 31st of any one calendar year shall be deemed to be “one meeting”. Each person desiring to make a claim, unless he has the amount to his credit with the National Steeplechase and Hunt Association, shall first deposit at the office of the National Steeplechase and Hunt Association the whole amount of the claim in cash, for which a receipt will be given; but any owner who is eligible to make a claim may do so without having the necessary funds on deposit as outlined above, provided that he delivers to an authorized representative of the National Steeplechase and Hunt Association at the race course not later than 30 minutes before post time of the 1st race of the meeting at which the claim is to be made, funds which are sufficient to cover the whole amount of the claim. These funds shall be in the form of a cashier's, treasurer's, or certified check only. A horse which has been claimed may not race, other than at race meetings sanctioned by the Hunts Committee of the National Steeplechase and Hunt Association, until after the close of the meeting at which it was claimed, or for a period of 30 days, whichever comes first. All racing colors carried in races shall be registered annually with the Commission on the application for owner's license. It shall be the sole responsibility of the trainer to see that his or her owner's colors are in the jockey's quarters to be used for his or her respective entries. For failure to do so, the trainer will be subject to fine. Any temporary change from the recorded colors of the owner shall be approved by the stewards and noted on the scale sheet. When two horses run a dead heat for first place, all prizes to which first and second horses would have been entitled shall be divided equally between them; this applies in dividing prizes, whatever the number of horses running a dead heat and whatever places for which the dead heat is run. Each horse shall be deemed a winner and liable to penalty for the amount he shall receive. When a dead heat is run for second place, and an objection is made to the winner of the race, and sustained, the horses which ran the dead heat shall be deemed to have run a dead heat for first place. If the dividing owners cannot agree as to which of them is to have a cup or other prize which cannot be divided, the question shall be determined by lot by the stewards. On a dead heat for a match, the match is off. Purse money may not be distributed or used for claiming purposes within 72 hours of the running of the event in which it was earned. Any purse money in dispute as the result of an appeal shall be held by the association in an interest-bearing escrow account until a final determination has been made as to the proper distribution of the purse money. A horse which is eligible for a race at the time of its entry may not have its eligibility affected by a ruling on itself or another horse regarding a disqualification in a prior race that is issued on or after the day of the race for which the horse is entered. Transfer of Engagements. If a horse is sold by private treaty, at public auction, or claimed out of a claiming race (unless the conditions of the claiming race stated otherwise), the horse is considered to be transferred with its engagements. The written acknowledgment of both the buyer and seller is required to negate the provisions of §A(1) of this regulation. Registrations and Transfers of Horses. After a horse has been registered with the Racing Secretary, listing its owner, unless claimed at the meeting, the entry of the horse on behalf of a person other than the registered owner is not permitted until the stewards receive proof of a change in ownership. As proof of a change in ownership, the stewards shall require: A notarized bill of sale from the registered owner; or Other evidence that is satisfactory to the stewards that the registered owner has transferred ownership. The change of a trainer of a horse may not be approved by the stewards until a written or verbal authorization is received from the owner of the horse. Except as provided in Regulations .28 and .57 of this chapter, a horse is not qualified to start in any race unless its owner, trainer, and jockey have been duly licensed by the Commission. For all races, the racing secretary is to receive entries and declarations. Entries and declarations shall be made in a manner designated by the racing secretary and signed by the owner of the horse, by the owner's authorized agent, or by some person deputized by the owner. Entries and scratches may be made by any manner designated by the racing secretary. Joint subscriptions and entries may be made by any one or more of the owners. However, each partner shall be jointly and severally liable for all fees and forfeits. Registry of a Horse. A thoroughbred horse may not be allowed to start in any flat race unless duly registered and named at the Registry Office of The Jockey Club (New York). A nonthoroughbred horse shall be registered and named in the files of the national office of the breed concerned. Name of Horse. Name Changes. If a horse's name is changed, its new name shall be registered with the national office of the breed concerned, and its old, as well as its new name, shall be given in every entry list until it has run three races, and both names shall be printed on the official program for these races. For the purpose of these rules, the national office of the: Thoroughbred breed of horse shall be The Jockey Club (New York). Arabian breed of horse shall be the Arabian Horse Registry of America. The identification certificate of the horse, as issued by the Arabian Jockey Club, shall be on file with the Racing Secretary before the horse is allowed to start. A horse may not be allowed to enter or start if the highest official regulatory racing body having jurisdiction of the offense previously has determined that the horse was knowingly entered or raced under a name other than its own by a person having lawful custody or control of the animal at the time it was so entered or raced. A horse may not be allowed to enter or start if it has been previously determined by the highest official regulatory racing body having jurisdiction of the offense that a person having lawful custody or control of the animal participated in or assisted in the entry of racing of some other horse under the name of the horse in question. For the purposes of §H(2) and (3) of this regulation, the “name” of a horse means the name reflected in the registration certificate or racing permit issued with respect to the horse in question by the national office of the breed concerned. A horse may not be permitted to start if it has shoes on the front hooves that: Have toe grabs that are greater than 4 millimeters in height; or Contain bends, jar calks, or any other traction device. A horse participating in a turf race at Laurel Park or Pimlico Race Course may only use the following types of shoes: Flat; Queen's Plate; Queen's Plate XT; Silver Queen; or Factory Wedge. A horse may not be permitted to enter or to start unless it is in the care of, and is saddled by, a licensed trainer or a licensed assistant trainer. A horse that has not been fully identified may not be permitted to start. A horse may not be permitted to start unless its name and true ownership are registered with the racing secretary. All interests in a horse, except a trainer's percentage of his winnings, shall be filed with the racing secretary before the horse shall start. Every change in interest thereafter during the meeting also shall be filed with the racing secretary. In all races, except handicaps and races where the conditions expressly state to the contrary, the scale of weights is less by the following: for fillies two years old, 3 pounds; for mares three years old and upwards, 5 pounds before September 1 and 3 pounds thereafter when running against colts, geldings or horses. To compete in a race, a horse shall be eligible at the time of starting for that race. A horse involved in a partnership may not be permitted to start until the rules for the registration of partnerships have been complied with. An entry may not be admitted after the racing secretary has declared them closed, except that, in case of an emergency, the racing secretary, with the consent of a steward, may re-open the entries. The list of entries for all other races shall be closed at the advertised time. An entry may not be admitted after that time, unless the nominator can prove to the stewards that the entry was mailed before the advertised time of closing. Starters shall be named through the entry box by the usual time of closing. Except in a match race, an entry, subscription or right of entry under it, does not become void on the death of the nominator or subscriber. These rights shall follow the horse. In the absence of notice to the contrary, entrance and declarations for sweepstakes, which close during or on the eve of a race meeting, close at the office of the racing secretary, who shall make provision therefor. Closing at all other times for sweepstakes shall be at the office of the association. Except in overnight races, if the hour for closing of entries or for declarations is not stated, it is understood to be midnight at the close of the day specified. Nominations for stake races shall be valid if: Received before midnight of the day of closing; or Postmarked before midnight of the day of closing and received not later than: If a handicap, 24 hours before the publication of weights, or If a type of stakes race other than a handicap, 24 hours before the closing of overnight entries scheduled for the day of the stakes race. If a miscarriage of any nomination or declaration in a stake race is claimed, satisfactory proof that it was mailed or telegraphed shall be presented within a reasonable time to the stewards or the evidence will not be considered. Entries which have closed shall be complied without delay by the racing secretary and posted in a conspicuous place. An alteration may not be made in any entry after the closing of entries, but a bona fide error may be corrected. In the case of an imported horse, the official racing record of the horse shall be filed with the racing secretary before the time entry is made in order to qualify for eligibility. Declaration in Purse Races and Overnight Handicaps. The stewards may, for cause, allow a horse to be declared out of a race. If a horse is declared out of a race under the provisions of §Z(1) of this regulation, the stewards shall prohibit the horse from running out-of-State for a period up to 10 days starting with the day of the race from which the horse was declared out. If there is a request to declare a horse out and this request is not allowed by the stewards, the Association shall make this information known to the public by posting it on the information boards of the Association which are normally used to disseminate other race-related information to the public. Each horse is entitled to 5 feet of the width of the track. A horse may not be qualified to be entered, or to start in any race, if owned in whole or in part, or is under the management, directly or indirectly, of a disqualified person. If an entry from a disqualified person, or of a disqualified horse is received, that entry shall be void and any money paid for the entry shall be returned if the disqualification is disclosed 45 minutes before post time for the race. Otherwise, any money shall be paid to the winner. An entry may not be accepted from husband or wife while either is disqualified. A horse on any barred list may not be qualified to be entered, or to start, without permission of the stewards. If a horse is sold to a disqualified person, the horse's racing engagements shall be void as of the date of sale. A horse may not enter or start in any race if the owner of that horse is in arrears, except with the approval of the racing secretary. A horse that has been administered any intra-articular injections may not start for 14 days. In counting the number of days, the day the horse is injected shall be the first day. In divided races, the starters in the separate divisions shall be determined by lot. If a race is declared off because of insufficient entries, the association may: Split any overnight race which may have closed, and cause a new drawing for post positions; or Substitute a new race. An entry in a sweepstakes is a subscription and cannot be withdrawn. A person, who subscribes to a sweepstakes before the time fixed for naming, can transfer the right of entry under one or more of the person's subscriptions to any other person or persons in good standing. The nominator is liable for the entrance money or stake, and the death of an entered horse, or a mistake in his entry (if eligible) does not release the nominator or transferee from this liability. The entrance money or stake of an eligible horse to any race which is run off may not be returnable for the entry's failure to start for any cause. A horse may not be entered on a single day for two races, except that a horse may be entered for two or more Stakes races on the same day if the horse is declared by the normal scratch time for the day on which the horse is entered for two or more Stakes races. A horse may not be entered at more than one track, other than in a sweepstakes, on any one racing day. If entered for the first time at a meeting, a horse shall be identified by stating the horse's name, color, sex, age, and the name of the horse's sire and dam, as registered. This description shall be repeated at each entry until the horse's name and description have been published in the official program or the list of entries of an association. In every entry after that, the name, age, and sex of a horse shall be sufficient. Any alteration in the sex of a horse shall be reported and noted by the trainer to the office of the racing secretary or the Horse Identification Office immediately, and that office shall note the same on the foal certificate. The racing secretary may call upon an owner or trainer for proof of the eligibility of any entered horse or of any horse offered for entry. In default of this proof, the racing secretary may decline to accept the entry. Correction of Entry. Provided the identity of the horse is satisfactorily established, an incorrect or imperfect description in the entry of a horse, or failure to register a partnership, may be corrected at any time: Before the horse is announced as a starter and the horse's number exhibited for the race in which it is entered; or In a handicap, before the weighs are announced. This rule may not be construed to allow any horse to start in any race for which it is not otherwise completely qualified under the rules of racing. A horse may not be considered scratched or declared out of an engagement until the owner or the owner's authorized agent or some person deputized by the owner has given due notice to the stewards, and the stewards permit the scratch. For stake races, if a horse is not named through the entry box the day before the race at the usual time of closing, the horse is automatically out. The declaration or scratch of a horse out of an engagement is irrevocable. Horses may be declared from stake races up to 45 minutes before post time for that race. The following rules apply to purse races and overnight events, but do not apply to stake races or sweepstakes: A trainer may enter up to three horses in an overnight race if that race has a least six entries with separate owners and or trainers. In no case may more than two horses start in the same ownership and/or trainer to the exclusion of a single entry. If the race is to be divided into two or more races, an entry under the same or separate ownership shall be separated and one horse of the entry shall receive a draw in each division of the original race. If possible, the name of the jockey engaged to ride each horse shall be furnished at the time of entry. However, if the jockey has not been named by the normal scratch time for that day's races, the stewards shall select, in their judgment, the best jockey available to ride any horse on which a jockey has not been named. Published Workouts. A horse which has never raced or has not started for a period of 60 days or more may not be permitted to start unless it has a published workout at a distance acceptable to the stewards within 45 days of starting. If a horse worked, but through no fault of the trainer the workout does not appear in the past performances, the horse shall be permitted to race and the correct workout and date announced on the public address system. When a horse is stabled at an approved stable area or training center and the trainer works the horse, the trainer shall make a notarized statement to the stewards as to when, where, and the time for the distance the horse worked, and the work shall be announced on the public address system. If it is not the practice of the trainer to work a particular horse he shall make a notarized statement to the stewards as to how the horse is brought up to a race, and this information will be made public by notation on the official program of the racing association or by public address announcement if this information is received after the program is printed. Permission to add or discontinue the use of blinkers or any other device that would restrict the vision of a horse from behind shall be approved by the starter before being granted by the stewards. Permission for a rider to discontinue carrying a whip on his mount shall be obtained from the stewards, and permission shall be obtained from the stewards before adding the whip back as part of the rider's equipment. No racing official other than the stewards has the right to impose a fine or suspension after a hearing before the stewards. A racing official imposing a fine or suspension shall report it promptly to the racing secretary in writing. An unpaid fine may not be rescinded except with the approval of the Commission. All horses shall be identified to the satisfaction of the stewards except: Under the provisions of §A(2) of this regulation, the original certificate, or a duplicate, issued by the Jockey Club (New York) for thoroughbreds, or issued by the national office, or other office as specified, for the breeds concerned for nonthoroughbreds, shall show original markings and shall be filed with the racing secretary before an entry will be allowed to start; When a horse has previously started and there is sufficient documentation to properly identify the horse, the stewards may allow the horse to start, however, the trainer is subject to a fine for failure to comply with the provisions of §A(1) of this regulation. A horse may not be allowed to race unless it has been lip tattooed or digitally tattooed by the Thoroughbred Racing Protective Bureau (TRPB). For good cause, the stewards may waive this requirement if the horse is otherwise properly identified. However, the horse shall be tattooed thereafter within a time set by the stewards. Exercise Rider License. An exercise rider shall: Be licensed by the Commission; and Except as provided in §A(2) of this regulation, be 16 years old or older. An individual who is 15 years old may apply for an exercise rider license, if the parent or legal guardian of the applicant files with the Commission an affidavit which states that: The applicant shall only exercise horses trained by the parent or legal guardian; The parent or legal guardian shall directly supervise the applicant when the applicant is performing the duties associated with the exercising of a horse; and The applicant shall otherwise comply with the requirements of this regulation. An applicant for an original exercise rider's license shall: Be sponsored by a trainer licensed by the Commission; and Demonstrate to the satisfaction of the stewards that the applicant has sufficient riding experience to justify the issuance of a temporary license. Upon satisfying the requirements of §B of this regulation, the Commission shall issue to the applicant a 10-day temporary exercise rider's license. During the period of temporary licensure, the applicant shall be observed as to the applicant's ability to exercise horses by: A licensed trainer other than the trainer who sponsored the applicant; An outrider employed by a racing association licensed under Business Regulation Article, §11-508, Annotated Code of Maryland; and A licensed jockey selected by the stewards. Upon the completion of the temporary licensure period, the applicant shall submit to the stewards the evaluations of the individuals designated under §D of this regulation regarding the ability of the applicant to exercise horses. After reviewing the evaluations in §E of this regulation, the stewards shall take the following action: Remove the temporary status from the applicant's license, making it permanent for the remainder of the calendar year; or Disapprove the issuance of the permanent exercise rider's license. If the applicant is disapproved by the stewards, the applicant may appeal this decision to the Commission in accordance with Regulation .45V(3) of this chapter. While performing the duties of an exercise rider, an individual shall wear the following equipment which is designed to reduce the risk of injury on the racetrack: A safety helmet; A safety vest which is equal to or exceeds the requirements set forth in Regulation .21-1 of this chapter; and Other equipment that the stewards consider appropriate. In order to be eligible to participate in a race, a jockey shall be licensed by the Commission. Except as provided in §A-2 of this regulation, to qualify for a jockey license, an individual shall continue to meet the physical requirements set forth under Regulation .23A of this chapter and shall: Have successfully completed an apprenticeship program as sanctioned by a jurisdiction which regulates racing; or Display, to the satisfaction of the stewards, that the individual meets all of the other requirements under Regulation .23A of this chapter, except §A(1)(b) of that regulation. Restricted Jockey License. Based on the degree of competency demonstrated, an individual who does not wish to be licensed as a jockey under the provisions of §A-1 of this regulation may be granted a jockey license by the Commission, and this license shall restrict the individual to riding in: Races for amateur jockeys; Steeplechase races; or Other races designated by the Commission. An individual younger than 16 years old may not be licensed as a jockey. A jockey shall ride under the jockey's legal name. The stewards may permit a jockey to ride pending action on the jockey's application for a license. A jockey under suspension in any state or foreign country may not ride during the period of the jockey's suspension except as provided under Regulation .45AA of this chapter. A jockey may not smoke in public while wearing racing colors. While riding in a race, a jockey shall wear a number on the jockey's right arm which shall correspond to the: Saddle cloth number of the horse the jockey is riding in the race; and Number of the horse the jockey is riding in the race as printed in the official program. Weight. A jockey who is engaged to ride in a race shall: Report to the scale room on the day of the race not later than the time specified by the clerk of the scales; Report the jockey's engagements and over weights, if any, not later than the time specified by the clerk of the scales; Remain in the jockey room, except to view the races from a point approved by the stewards, or to ride in a race, until all of the jockey's engagements for the day have been fulfilled; and Weigh out at the appointed time unless excused by the stewards. A jockey who has an engagement to ride in a stake race shall report to the clerk of the scales not later than 1 hour before the post time of that race. A fine shall be paid by the jockey upon whom the fine was levied, and any other person paying this fine shall be subject to appropriate action by the Commission. A jockey may not have more than one agent. All engagements to ride, other than those for the contract employer of the jockey, shall be made by the: Jockey; Jockey's agent; Jockey's employer; or Clerk of the scales. On a day that a jockey is scheduled to ride, the jockey may not bet on any race except: To win on a horse which the jockey is scheduled to ride; and Through the owner or trainer of that horse. A jockey may not receive a gift from a person other than the owner or trainer of the horse for whom the jockey is riding. A person may not: Knowingly act in the capacity of part owner, or trainer, of any horse in which a jockey possesses an interest; Make any bet with, or in behalf of, any jockey, except as provided in §K of this rule; or Aid or abet in any breach of these rules. Ownership of Horses. Unless a jockey is licensed under the provisions of §A-2 of this regulation, the jockey may not be the owner of a thoroughbred race horse. If a jockey licensed under the provisions of §A-2 of this regulation owns a horse and that horse is in a race in which the jockey is riding, the jockey shall ride that horse. Equipment. In addition to the equipment a jockey is otherwise required to use to ride a horse in a race, a jockey shall wear the following equipment which is designed to reduce the risk of injury on the racetrack: A safety helmet; and A safety vest: Weighing not more than 2 pounds, and Equaling or exceeding the requirements under Regulation .21-1 of this chapter. A jockey who makes a frivolous complaint may be fined or suspended by the stewards or the Commission. The stewards shall penalize a jockey according to the gravity of the offense, if, without adequate cause, the jockey does not: Put forth every reasonable effort and exercise the greatest diligence in riding a race; or Ride out a horse in a race. Use of the Whip. Except to control a horse, a jockey or any other individual may not strike a horse with a whip: On or about the horse's head; or Under the horse's flank. During the running of a race, a jockey: Shall use the whip in a manner that is consistent with the jockey's best effort to obtain the maximum placing of the horse in the race; and May not use the whip in a brutal manner when it is apparent that the horse the jockey is riding has obtained its maximum placing in the race. If a trainer does not want the jockey who is riding the trainer's horse in a race to carry a whip, the trainer shall: Obtain permission from the stewards; and Notify the jockey who is riding the horse. A jockey safety vest shall: Cover the torso, front and back, from the collar bone to the hip bone; Be of uniform material and thickness over the whole of the vest, except for localized: Variation due to pattern, for example, quilting, Thinner areas to aid fit, for example, under the arms, at fastenings and at edges, and Thicker areas in regard to particularly sensitive areas of the body, for example, the spine; and Equal or exceed a minimum shock absorbence rating of 5 according to the specifications established by the British Equestrian Trade Association (BETA) which are as follows: Use a critical height apparatus to measure the maximum deceleration on impact of a striker consisting of a spherical indenter weighing 5.9 (+/- 0.05) kilograms with a diameter of 215 (+/- 2) millimeters, Condition the vest and the striker for a minimum of 3 hours at 23° (+/- 2°) Centigrade, With the vest lying on a smooth, flat, massive concrete base with the inside of the vest facing the striker and positioned so that the striker will impact on an area of typical thickness, not reinforced by additional material, raise and release the striker starting at a height of 0.2 meter and increasing the height by increments of 0.2 meter to a height which will result in a deceleration of over 300 gravity units (1G=9.81 ms-1) as measured by recording the signal from an accelerometer throughout the impact from the time before the striker impacts the vest until the accelerometer returns to the same level as before the impact, Record the gravity units measured at each height increment on a line graph which has the gravity units in ascending order as the vertical axis and the release height in meters in ascending increments as the horizontal axis, Plot the height in meters at which the deceleration reached 300 gravity units, and Multiply the height obtained in §C(5) of this regulation by 10 to calculate the shock absorbence rating. Each jockey agent shall obtain a license from the Commission. Before issuance of a license, a jockey agent may be required to satisfy the Commission of the jockey agent's financial responsibility which the jockey agent shall maintain so long as the jockey agent is licensed by the Commission. Number of Jockeys an Agent May Be Permitted to Represent. A jockey agent may represent up to: Two journeymen jockeys; and One apprentice jockey. If a stable employs more than two contract jockeys, a jockey agent may represent all the jockeys under contract to that stable. A jockey agent may not make or assist in the making of any engagement for any rider other than those the jockey agent is licensed to represent. Conflicting claims for the services of a jockey shall be decided by the stewards and first call shall have priority. No person other than an owner, trainer, jockey agent, or authorized agent of an owner in good standing shall make engagements for an apprentice jockey or jockey. However, a jockey not represented by an agent may make the jockey's own engagements. Jockey agents shall explain rival claims for any mount or for any rider. Inability to satisfy the stewards that the rival claims arose through bona fide error shall create a presumption of fraud, and constitute cause for an agent's license to be revoked. Examination for Jockey Agent's License. An applicant for an original jockey agent's license shall be given a written or oral examination by the stewards. An unsuccessful applicant shall be permitted by the stewards to reapply after a waiting period of not more than 2 months. Naming of Jockeys. Jockey agents shall declare to the clerk of scales of the Association their first and second calls on a race not later than the scratch time for the race. A jockey may not accept more than two calls in any one race. An entry may be considered one call for the purpose of this section. An owner/trainer or authorized agent, or both, may not name a rider on a horse unless that person has a first or second call on that rider. Licensure. An individual may be granted an original apprentice jockey license and an apprentice certificate by the stewards if the individual: Is 16 years old or older; Has never been licensed and has never ridden in a race as a thoroughbred jockey, except under the conditions as provided in §A(2) of this regulation; When under age, has written parental consent; Has the certification of two or more licensed trainers that the individual has at least 1 year's experience as an exercise rider; Passed, within the previous 12 months, a physical examination given by a licensed physician affirming fitness to participate as a jockey, including a baseline concussion test using the most current Sport Concussion Assessment Tool (SCAT) testing protocol; Demonstrates, to the satisfaction of the starter and an accompanying journeyman jockey, the ability to start from the gate and maintain a consistent path around the racetrack; and After having received an orientation from the stewards, satisfies the stewards that the individual has a sufficient knowledge of: The rules of racing; The procedures in the jockeys' room, paddock, and post parade; and The physical problems that may befall a horse during the running of a race. The results of the physical examination and the baseline test shall be provided by the jockey to the stewards or their designee. The stewards or their designee may require that any jockey be reexamined. The stewards may refuse to allow a jockey to ride pending completion of such examination. After the individual rides in a reasonable number of races as an apprentice jockey, upon proper notice and hearing, the stewards may withdraw a license issued under this regulation based upon the performance of the individual in these races. Weight Allowances. An apprentice jockey, created by contract or certificate, may claim the following weight allowances in all overnight races except handicaps: 10 pounds beginning with the first mount and continuing until the apprentice has ridden five winners; 7 pounds after the 5th winner until the 40th winner; and 5 pounds after the 40th winner until 1 year from the date of the 5th winning mount. If, after 1 year from the date of the 5th winning mount, the apprentice jockey has not ridden 40 winners, the applicable weight allowance shall continue for 1 more year or until the 40th winner, whichever comes first, but, in no event may the applicable weight allowances be claimed for more than 2 years from the date of the 5th winning mount unless an extension is granted under §A-1(4) of this regulation. After the completion of conditions under §A-1(1) and (2) of this regulation, for 1 additional year, an apprentice who is under contract to an owner or trainer may claim a 3-pound weight allowance when riding horses owned or trained by the individual who held the contract at the time the apprentice rode the first winner if the contract has not been transferred or sold since the apprentice rode the first winner. Extension of Apprentice Weight Allowances. The Commission may extend the weight allowances of an apprentice jockey when, in the discretion of the Commission, this action would be justified because of time lost due to: A physical disablement; Military service; Attendance at an institution of secondary or higher learning as a full-time student; or Restrictions on horse racing. In order to qualify for an extension of the apprentice weight allowances, an apprentice jockey shall have been rendered unable to ride for a period of not less than 7 days during the period in which the apprentice was entitled to an apprentice weight allowance. An apprentice may petition one of the jurisdictions in which the apprentice is licensed and riding for an extension of the time for claiming apprentice weight allowances, and the apprentice shall be bound by the decision of the jurisdiction petitioned. When an individual is no longer eligible for the weight allowances of an apprentice jockey, the individual ceases to be an apprentice jockey and is considered a journeyman jockey. Fees. An apprentice jockey shall be entitled to the regular jockey fees, except when riding a horse owned in part or solely by the contract holder. Applicability of Jockey Regulations. An apprentice jockey is subject to all applicable provisions of this chapter regarding jockeys. It is the duty of the jockey room custodian to see to it that order, decorum, and cleanliness are maintained in the jockey and scale rooms. The custodian shall assist the clerk of the scales as he may require. The custodian shall see to it that no persons, other than members of the Commission and its authorized representatives, racing officials, and the necessary jockey room attendants are admitted to the jockey room after 10 a.m. on a day of racing without consent of the stewards. The custodian shall oversee the care and storage of all racing colors, giving written receipts for them when deposited. The custodian shall oversee the jockey attendants and arrange their rotation among jockeys in the matter of weighing out. The custodian shall report to the stewards any irregularities that occur in his province. The custodian shall see to it that jockeys are neat in appearance and attired in keeping with these rules when they leave the room to ride in a race. The following persons are required to take out a license from, or register with, the Commission: Licenses: Owner; Trainer; Assistant trainer; Jockey; Apprentice jockey; Jockey agent; Pari-mutuel employee; Stable employee; Track employee; Vendor; Veterinarian; Farrier; Exercise rider. Registrations: Authorized agent; Stable name. License and Registration Expiration. A license or registration issued under §A(1)(a)—(f) or §A(2) of this regulation shall expire on December 31 of the year for which it was issued. A license issued under §A(1)(g)—(m) of this regulation shall expire on June 30 of each year. There shall be three outriders on duty at all tracks while racing is being conducted. At least one outrider shall be on duty during training hours at all tracks under the jurisdiction of the Commission. However, at any track of less than 1 mile in circumference, there may be two outriders on duty while racing is being conducted. Except as provided by this section, an owner may not be allowed to start a horse under the jurisdiction of the Commission until the owner has obtained from the Commission a current owner's license. The license may be revoked, for cause, by the Commission or, in the discretion of the Commission, may be suspended, for cause, for any period of time. Before issuance of a license, an owner may be required to satisfy the Commission of his financial responsibility. An owner shall maintain his financial responsibility so long as he is licensed by the Commission. The stewards, in their discretion, may allow an owner to race a horse one time while awaiting action on the owner's application for licensure. An owner who so races but does not complete his application for a license and pay the appropriate fee within a reasonable period of time, shall be precluded from racing until his application is filed, and license fee paid. Disqualification of a husband or wife from having a license may apply equally to both. The application for a license shall be made upon a form of application prepared by the Commission. A licensed owner shall order the production and transfer of all health and medical records, as defined under COMAR 09.10.03, held by the individual or veterinarian providing services to the horse owned by them within 7 days if: The horse is sold to, claimed by, or transferred to a new owner; or The Racing Commission Equine Medical Director makes a request for such records. Multiple Ownership. Forms of multiple ownership shall be duly licensed by the Commission before being allowed to start a horse. The license application of the multiple ownership entity (“entity”) shall be accompanied by the relevant documents governing the formation of the entity which shall contain, among other things, the following: The name, address, social security number, and date of birth of each person having an interest in the entity; The relative proportions of the interests in §F(2)(a); To whom the winnings are payable; In whose name the horse or horses owned by the entity shall run; The name of the person designated to act as agent for the entity in all racing matters; The names of the horse or horses owned by the entity; The terms of any contingency, lease, or other arrangement. A copy of the documents shall be attached to the registration certificate of any horses owned by the entity. A person holding an interest of 5 percent or more in an entity shall be deemed to hold a beneficial interest and shall obtain an owner's license. Beneficial interest includes all direct and indirect forms of ownership or control, or both, voting power, or investment power, held through any contract, lien, lease, partnership, stockholding, syndication, joint venture, understanding, relationship (including family relationship), present or reversionary right, title or interest, or otherwise. A person holding a beneficial interest in an entity shall disclose any beneficial interests which that person holds in any horses to the Commission, at the time of licensing and at the track not later than the time of entry. Officers, directors, general partners, managers, and authorized agents of an entity shall obtain an owner's license. Each entity shall designate in writing the person authorized to act as agent for the entity in all racing matters. This person shall obtain an owner's license and represent more than 50 percent of the financial interests in the entity, and shall be subject to the rules governing the authorized agent. The Commission shall be notified in writing by the entity of any change in the person designated as its agent. An agent for an entity may not assume the responsibilities of the trainer unless that person is the trainer. The Commission may deny, suspend, or revoke the license of an entity in which a beneficial interest is held by a person who is or would be ineligible to be licensed as an owner in any respect. Changes either in the structure of the entity or in the persons holding any interest in the entity shall be immediately disclosed to the Commission in writing. Horses owned by the entity shall race in the name of the entity, the stable name of the entity, or the name of the agent designated to act for the entity with the designation “et al” following the agent's name. The Commission, through the racing secretary's office, shall review the ownership of each horse entered to race and ensure that each registration or eligibility certificate is properly endorsed by the transfer or to the entity. The Commission may determine, for racing purposes, the validity of all liens, transfers, and agreements pertaining to ownership of a horse and may call for adequate evidence of ownership at any time. The Commission may declare ineligible to race any horse whose ownership is in question. Coupled Horses. In §F(11) of this regulation, “commonality of ownership” means that the same person, persons, entity, or entities own at least 25 percent of a horse entered in a race and also own at least 25 percent of another horse entered in the same race. Except as provided in this subsection, horses may be uncoupled at the time of entry for betting purposes if the horses have commonality of ownership. If horses have commonality of ownership in a stakes race, the horses shall be uncoupled for betting purposes. If a race is split into two or more divisions, horses subject to the provisions of §F(11)(b) of this regulation shall be seeded in separate divisions, if possible, but the divisions in which they compete and the post positions shall be determined by lot. A person involved in a multiple ownership entity may lease, subject to the provisions of COMAR 09.10.04.22, the person's interest in the entity to another person in the multiple ownership entity. If an owner engages two or more jockeys for the same race, he shall pay the losing fee for each engaged jockey not riding in the race, as well as the proper fee to the jockey who does ride. An owner who makes a frivolous complaint or frivolously places a hold upon the results of a race being made official may be fined or suspended by the stewards. Permission shall be obtained from a steward to exercise a horse between races unless the horse is being warmed up on the way to and just before entering the paddock for the next race to be run. When a horse is being so warmed up before entering the paddock, its official program number shall be displayed by the rider. In a race, each horse shall carry a conspicuous saddlecloth number corresponding to his number on the official program. In the case of an entry, each horse making up the entry shall carry the same number (saddlecloth) with a distinguishing letter. For example, 1, 1a, 1X. In the case of a field, the horses comprising the field shall carry an individual number, i.e., 12, 13, 14, 15, and so on. Every horse shall be saddled in the paddock unless given permission otherwise by the stewards. All horses shall parade such a distance as is reasonable and proper in the opinion of the stewards, unless excused by the paddock judge. If a horse is so excused from parading and is led to the post, he shall pass over the same route as that followed by the parade. All horses shall carry their respective weights from paddock to post. Parading horses shall pass the stewards' stand in the numerical order of their exhibited number. Only a horse being led by the parade leader, or excused from parading, may parade out of numerical order. In the discretion of the stewards, parading horses may be allowed to break out of numerical order after passing in front of the stands. After the horses enter the track, a jockey may not dismount and a horse is not entitled to the care of an attendant without consent of the stewards or the starter. In case of accident to a jockey, or to his mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay. If a jockey is thrown on the way from the paddock to the post, the horse shall be remounted, return to the point where the jockey was thrown, and then proceed over the route of the parade to the post. If the jockey is so injured on the way to the post as to require replacement by another jockey, the horse shall be taken to the paddock, another jockey obtained, and then ridden over any uncompleted portion of the exact route of the parade to the starting point. If a horse leaves the course while moving from paddock to post, he shall return to the course at the nearest practical point to that at which he left the course, and shall complete his parade to the post from the point at which he left the course. A person may not willfully delay the arrival of a horse at the post. A bugle may be sounded to indicate the time to go to the post. Purse money earned on thoroughbred races under the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland, shall be credited to the thoroughbred purse account. Purse money earned on nonthoroughbred races under the provisions of Business Regulation Article, Title 11, shall be credited to each nonthoroughbred breed purse account. If the total amount paid for purses to nonthoroughbred horses in any race meeting does not equal the amount earned as described in §B of this regulation, any over or underpayment for each nonthoroughbred breed shall be carried forward to the next race meeting of the same association, unless the association agrees to allow the over or underpayment to be transferred to the next association to race and the next association to race agrees to accept the transfer. If there is no racing for a nonthoroughbred breed that raced at the previous meeting of the association, at the next race meeting of the same association the association shall resolve the disposition of any over or underpayment with the representative of the nonthoroughbred breed as recognized by the association. The thoroughbred purse account may not be charged with any overpayment to nonthoroughbreds, and if there is no distribution of any underpayment to nonthoroughbreds, the underpayment shall revert to the thoroughbred purse account. Weight penalties are obligatory. Weight allowance is obligatory except by permission of a steward. This permission shall be obtained at the time of entry. Weight allowance shall be claimed at the time of overnight entry and shall be the responsibility of the trainer. An apprentice allowance may be claimed at scratch time if the named rider is unable to fulfill their engagement. An apprentice allowance may not be claimed at scratch time if no rider was named at the time of overnight entry. Weight allowance may not be abandoned after the posting of entries except by consent of the stewards. Penalties and allowance of weight are not cumulative, unless so declared by the conditions of a race. A horse shall start with only the allowance of weight to which he is entitled at the time of starting. Horses incurring weight penalties for a race are not entitled to any of the weight allowances for that race. Horses not entitled to the first weight allowance in a race are not entitled to the second, and so on. Omitting to claim a weight allowance is not cause for disqualification. A horse may not incur a weight penalty or be barred from any race for having been placed second or lower in any race. A horse may not be given a weight allowance for failure to finish second or in any lower place in any race. Penalties incurred in steeplechase or hurdle races do not apply to races on the flat or vice versa. Allowance due in steeplechase or hurdle races do not apply to races on the flat or vice versa. Penalties may not be invoked, or allowances made, in arriving at the weight to be carried in matches, or in private sweepstakes. A horse may not receive allowance of weight, or be relieved of extra weight, for having been beaten in one or more races. However, this rule does not prohibit maiden allowance or allowances to horses which have not won within a specified period, or which have not won a race of specified value. A horse may not incur a weight penalty for a placement from which he is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. A horse involved in a dead heat for first place shall be liable to weight penalty for the amount received. In reckoning weight penalties or allowances, any race whose conditions preclude the claim of any of the starters may not be considered a claiming race, even if won by a horse liable to claim under those conditions. Post positions shall be determined publicly by lot in the presence of the racing secretary or his deputy, or one or more stewards. Beginning from the inside rail, the horses shall take their positions at the post in keeping with the numerical order resulting from the public drawing. In making an entry for a produce race, the produce is entered by specifying the dam and the sire or sires. The entry of the mare is void if: The produce of a mare is dropped before the 1st of January; There is no produce; The produce is dead when dropped; or Twins are dropped. In produce races, allowances for the produce of untried horses shall be claimed before the time of closing, and are not lost by subsequent winnings. All objections shall be made to the stewards by the objector. Objections that are not claims of interference shall be in writing and signed by the objector. Permission of the stewards is necessary before an objection can be withdrawn. The person or persons lodging the objection shall pay all the costs and expenses incurred in resolving the objection in such proportions as the stewards shall decide, unless relieved from this expense by the Commission. These costs and expenses shall be paid within 7 days of the notice of them as posted by the stewards. Objections to a horse engaged in a race may be made to one of the stewards by: The owner, trainer, or jockey of some other horse engaged in the same race; or The officials of the race meeting. Objections to any decisions of the clerk of the scales shall be made not later than 15 minutes before the start of the race. Objections based on an occurrence in a race shall be made before the numbers of the horses placed in the race have been officially confirmed. If, by reason of an objection, a race or place is awarded to another horse, the money for that race shall be distributed in accordance with the final placing, and the owner of a horse to which the race or place is finally awarded can recover the money from those who wrongfully received it. Pending a decision based on an objection, any prize won by the horse against which the objection is lodged or any money held by the clerk of the course as the price of a horse claimed in a race (if involved in the determination of the case), shall be held in an interest-bearing escrow account until the objection is determined. Grounds for Objections. Objections shall be received by the stewards within 48 hours, exclusive of Sundays, after the close of a race meeting, based on these grounds: Misstatement, omission, or error in the entry under which a horse has run; That the horse which ran was not the horse he was represented to be at the time of entry, or that his age was erroneously given; That he was not qualified under the conditions of the race; That he was run without regard to the rules of partnership or registration. In all other cases, objections shall be received by the stewards within 48 hours, exclusive of scheduled dark days, of the incident in question. Every objection shall be decided by the stewards, but their decision is subject to appeal in writing to the Commission. In all cases of fraud or willful deception, the time limitations do not apply, provided the stewards are satisfied that the allegations are bona fide and are susceptible of verification. For each day of live racing during a race meeting, the racing officials on duty shall include: Three stewards; Three placing judges; A clerk of the scales; One or more patrol judges; A horse identifier; A starter; A paddock judge; A racing secretary, who may also be the handicapper; A timer; and One or more Commission veterinarians. Except for the stewards and Commission veterinarians, the officials specified in §A of this regulation shall be appointed by the association holding the race meeting. The Commission may require, for cause, the removal of an official appointed by an association. A racing official may not officiate in a race if the official, or the spouse of the official, has an interest in a horse which is running in the race. An official at a race meeting shall: Act with integrity and without bias; and Receive no remuneration for the proper performance of the official's duties, other than compensation from the official's employer. The clerk of the scales shall: Exhibit the number of each horse for which a jockey has been weighed out and forthwith furnish the starter with a list of these numbers; Weigh all jockeys out and in; Accurately record and publish on the notice board any overweight or any change of jockey, weight, or racing colors, as compared with those stated on the official program and shall promptly supply all proper racing officials with all pertinent changes; Report to the racing secretary after each race the weights carried by each horse in each race, together with the name of each horse's jockey and the overweight carried by any jockey, as well as the post time and running time in each race and other data which may, from time to time, be required; Make riding engagements for jockeys and apprentice jockeys who may desire him to do so; Have in his possession the apprentice jockey copy of the apprentice certificate or contract before he allows the apprentice jockey to ride; If the apprentice jockey wins a race and the apprentice jockey previously had not ridden more than 35 winners, post the date and the race won by the apprentice jockey to the apprentice certificate or contract immediately after the race is made official. The handicapper, who may be the racing secretary, shall assign the weights to be carried by each horse in a handicap. The handicapper shall append to the weights for every handicap the day and hour from which winners will be liable to weight penalty. If there are no penalties, that fact shall be appended to the weights. An alteration of weights may not be made after publication. In case of omission, through error, of the name or weight of a horse duly entered, the omission shall be rectified by the handicapper. The paddock judge shall keep a record of all equipment carried by all horses in all races under his jurisdiction, permitting no change in equipment not authorized by the stewards. The paddock judge, in each race, shall require the farrier in attendance in the paddock to see to it that all horses are properly shod. The paddock judge shall report immediately to the stewards the findings of the farrier. The paddock judge shall report any irregularities to the stewards. The paddock judge may permit a horse to be excused from parading and be led to the post. A patrol judge, for each race, shall: Take a station at a place designated by the stewards; Be subject to the orders of the stewards; Report to the stewards all pertinent observations; and File a written report regarding a pertinent observation if requested by the stewards. At the finish of each race, the placing judges shall be in the stand provided by the association for the observation of the finish of the race. The nose of a horse at the finish line is the determining factor as to the placing of the horse in relation to the other horses in the race. The placing judges may examine a photograph, or other electronic recording, of the finish of the race before making a determination as to the official order of finish. By majority rule, the placing judges shall: Place not less than five horses, if five or more horses compete; Place all the horses, if five or fewer horses compete; and File the official order of finish of each race with the clerk of the course. The official order of finish as determined by the placing judges may be changed by the: Stewards in the event of the disqualification of one or more horses in the race; and Placing judges: If a majority of the placing judges determine that a mistake was made in the original official order of finish; If the determination is made within 48 hours of the finish of the race exclusive of scheduled dark days; and If the stewards concur. The racing secretary shall discharge all duties of his office, expressed or implied, as required by these rules. The racing secretary shall compile an official program for each racing day, which shall state the time fixed for the first race and give the names of the horses which are to run in each of the races of the day. Program. The program shall indicate: The order in which each race is to be run; The purse, conditions, and distance of each race; The owner, trainer, and jockey of each horse; Each owner's racing colors; The weight assigned to each horse; His number, post position, color, sex, age, and breeding. The program may show other pertinent data. The racing secretary shall keep a complete record of all races. The racing secretary may receive all entries and declarations. The field of horses in a race shall be in the hands of the starter from the time the field begins to line up for the start until the field is released by the starter. When the field is in the hands of the starter, the horses are entitled to no further care from their attendants, except, if circumstances so indicate, the starter may permit the jockeys to dismount and the horses to be cared for until corrective measures have been taken. All orders necessary to secure a fair start shall be given by the starter, including an order to place a vicious or unruly horse in an outside post position, unless the stewards determine that those orders do not permit a fair start. The starter shall report a cause of delay to the stewards. If a starting gate is used, the starter shall load the: Horses beginning with the horse which has the post position nearest to the inside rail; and Remaining horses in their assigned post positions in a manner which would result in a fair start. If the number of horses starting in a race does not exceed the capacity of the track, but does exceed the number of stalls in the gate, and an auxiliary gate is not used, the surplus may be started from outside the gate. Except in cases of emergency (recognized as such by the stewards), a starting device, other than the usual stall gate, may not be used in starting a race on the flat. Any substitute shall have the approval of the Commission. Schooling of Horses to the Starting Gate. In order to race, a horse shall: Be schooled to the starting gate by the starter; Have the written approval of the starter; and Be on the starter's list of horses eligible to start. The stewards may fine a jockey for disobedience of orders at the starting post, foul or abusive language to the starter or any assistant, or for attempting any unfair advantage. If an owner or a trainer does not want a horse under the trainer's care to be “tailed” or “tonged” at the starting gate, the owner or trainer shall deliver a written request to that effect to the starter, who shall comply with the request. An individual in the employ of a racing association and assigned to a position involving the starting of horses in a race may not: Accept money, anything of value, or other compensation from anyone for the services rendered in connection with the individual's assigned duties, except the salary paid by the association; Bet, either directly or indirectly, on any race; or Have an interest in any racehorse. When a vacancy occurs among the racing officials before post time of the first race of the day, or when a vacancy occurs after the racing of the day has started, the stewards immediately shall fill the vacancy. The appointment shall be effective only for the day, unless the association fails to fill the vacancy on the following day and notifies the stewards of its action not less than 1 hour before the post time of the first race of the day. These appointments shall be reported immediately to the Racing Commission. The stewards shall take notice of any questionable conduct with or without complaint thereof. It is the duty of the stewards to see to it that horses arrive at the starting post as near to the advertised post time as practical. In case of accident or casualty to a horse before off-time, the stewards may excuse that horse. The stewards shall investigate promptly, and render a decision in every protest and in every complaint properly made to them. The stewards shall report all protests and complaints to the Commission as soon as received by them, and shall make prompt report to the Commission of their decision. The stewards have the power to interpret these rules and to decide all questions not specifically covered by them. In matters pertaining to racing, the orders of the stewards supersede the orders of the officers and directors of the association. The stewards have the power and the duty to regulate and govern the conduct of all racing officials and of all owners, trainers, jockeys, grooms, and other persons attendant on horses during, before, and after races. In the performance of duty, the stewards have control over, and unrestricted access to, all stands, weighing rooms, and jockey rooms, enclosures and other places in use for the meeting. All entries and declarations are under the supervision of the stewards. The stewards have the power to determine all questions arising with reference to entries and racing. All questions within the stewards' authority shall be determined by a majority vote of the stewards. The stewards have the power to punish for violation of these rules any person subject to their control and, in their discretion, to impose fines or suspensions, or both, for infractions. The stewards may demand proof that a horse is neither disqualified in any way nor trained, entered, or owned, in whole or in part, by a disqualified person. In default of proof satisfactory to them, the stewards may declare the horse disqualified. The stewards have the power to examine, or cause to be examined, at any time any horse stabled on the association grounds or in stabling approved by the Commission. A steward may appoint his own deputy at any time. Appointment of any deputy or deputies for a steward or stewards shall be reported immediately to the Commission and its approval obtained. There shall be three stewards in the stand when a race is being run. The stewards shall lock all pari-mutuel betting machines not later than the moment the starting gate is opened for the beginning of a race. Complaints against an official or officials shall be made to the stewards in writing, signed by the complainants. All complaints shall be reported to the Commission, together with the action, if any, taken on them by the stewards. Violations. If the stewards find that an individual licensed by the Commission has violated a regulation of the Commission or has been involved in any improper turf practice, they may: Exclude the individual from the grounds, or any portion of the grounds, of the association conducting the meeting; Exclude the individual from the grounds of any association under the jurisdiction of the Commission; Suspend the license of the individual to act or ride for a period not exceeding 90 days; Fine the individual not more than $2,500; or Impose any combination of the sanctions set forth in §V(1)(a)—(d) of this regulation. If the stewards consider that the violation merits sanctions beyond those permitted under §V(1) of this regulation, they shall promptly refer the matter to the Maryland Racing Commission, which shall institute proceedings against the individual as set forth under COMAR 09.10.04.05. The stewards shall have the power to suspend the license of the individual pending action by the Commission. In determining the penalty to be imposed, the stewards shall consider the: Seriousness of the violation; Harm caused by the violation; Good faith or lack of good faith of the licensee; and Licensing history of the licensee. A person licensed by the Commission who is fined, excluded from the grounds, or disciplined by the stewards may appeal to the Maryland Racing Commission from the stewards' ruling. If any case occurs which is not, or which is alleged not to be, provided for by these rules, it shall be determined by the stewards in such manner as they think just and conformable to the usages of the turf. Penalties. The stewards may impose such punishment and take such other action in the matter as they deem to be within the intent of these rules, including reference to the Commission. The punitive powers of the stewards provided for in any of these rules are limited to the powers provided for in §V of this regulation. Exclusions. The stewards may exclude from all places under their control an individual: Whose license has been suspended, revoked, or denied; or Found guilty of any corrupt or fraudulent turf practices. The stewards shall promptly report to the Commission the name of an individual they exclude from places under their control. All questions pertaining directly to racing, arising during the period of the meeting, shall be determined by the stewards. If they are unable to reach a majority decision in 3 days, the case shall be reported to the Commission for such action as it deems proper to take. In the suspension of a jockey for an offense other than one involving fraud, the stewards shall: Make the effective date of the suspension not earlier than the second racing day after the offense, unless requested to do so by the jockey, and not later than 1 day after the latest racing day's entries have been drawn; and Permit a jockey serving a suspension of 10 days or less to ride in a designated race during the period of the suspension if the: Race has been specified as a designated race by the racing secretary of the association before the inception of the race meeting at the association, Race has been approved as a designated race by the stewards officiating at the meeting, Jockey or the jockey's agent, before the beginning of the suspension, satisfactorily demonstrates to the stewards that the jockey has given a call on a horse that may participate in the designated race, and Jockey agrees to serve an additional racing day of suspension in place of the day on which the jockey rides in the designated race. When the ownership of any horse entered in a race is in dispute, the stewards may not permit the horse to run in the race unless, and until, its ownership is definitely established to their satisfaction. Persons entering horses to run on licensed Maryland tracks agree in so doing to accept the decision of the stewards on any question relating to a race or to racing, subject to review by the Commission. If the stewards at any time are satisfied that the riding of any race was intentionally foul, or that any jockey was instructed or induced so to ride, all persons whom the stewards deem guilty of complicity shall be suspended, and the case shall be reported to the Commission for such additional action as it may deem necessary. A horse that has been the subject of fraudulent practice shall be disqualified by the stewards , but for no longer than the duration of the meeting, and reported to the Commission for such action as it may deem proper. During each racing day, at least one of the stewards of the meeting shall be in the stewards' office on the grounds of the association where the race meeting is being held not later than the specified scratch time. A full board of stewards shall be in the stewards' office on the grounds of the association 2-1/2 hours before post time to exercise the authority and perform the duties imposed on them by these rules. The stewards shall make reports in writing to the Racing Commission of all infractions of these rules and of all rulings of the stewards upon matters coming before them during each day. Copies of these reports and ruling shall be mailed to each member of the Commission. Stewards are empowered to grant temporary licenses to owners and trainers, subject to the licensing requirements under the regulations of this chapter dealing with owners and trainers. All licenses so granted are to be certified to the Commission for final action. Recordings taken of any race from start to finish may be used to aid the stewards in determining any question within their jurisdiction. Every horse whose starting is obligatory is expected to run the course, except that the stewards may order the withdrawal of a horse at any time up to the actual start of a race to protect the public interest. A board of veterinarians, consisting of a chief veterinarian, and such other veterinarians as the Commission may deem necessary shall be designated for duty at each Maryland track. A Commission veterinarian shall examine every horse appearing in the day's entries in the stable area before the race in which it is to run and make a report on its racing condition to the stewards. In general, he shall familiarize himself with the racing condition of all entrants and if, in his opinion, any entrant is not in condition to race, he shall notify the stewards. One veterinarian shall be present in the paddock before each race, and he shall inspect each entrant. If, in his opinion, any entrant is not in condition to compete in that race, he shall immediately notify the stewards, who shall order the horse scratched out of the race. The horse automatically goes on the veterinarian's list, and thereafter may not be permitted to enter until the veterinarian notifies the stewards that the horse is again fit to compete. All veterinarians shall be at the disposal of the stewards at scratch time each morning, and shall examine the horses they request, and make reports to them as promptly as possible. One veterinarian shall obtain blood from the horses designated by the stewards or the Racing Commission, and make those examinations and tests that, from time to time, may be required by the stewards. If an owner or trainer objects to a horse in his care undergoing an examination by the Commission veterinarian, that fact shall be reported to the stewards, and that horse shall be eliminated from the race. A veterinarian may not be allowed to practice at the race track of any racing association under the jurisdiction of the Commission until the veterinarian has obtained a license from the Commission. This license shall be applied for and issued annually. The license may be revoked or suspended, for cause, by the Commission. The veterinarians employed by the Commission as the State veterinarians may not be permitted during the term of the veterinarians' employment to treat or prescribe, for any horse on the grounds or registered to race at any race track, for compensation or otherwise except in case of emergency in which case a full and complete report shall be made to the stewards. An owner or trainer may not employ or pay compensation to any veterinarian either directly or indirectly during the period for which he is employed by the Commission. For violation of this rule, the veterinarian, owner, and trainer may be fined, suspended, or have their license revoked after a hearing before the Commission. A veterinarian practicing veterinary medicine on a race track where a race meeting is in progress or scheduled, or at a stabling area under the jurisdiction of the Commission, shall use one-time disposable type needles and shall keep them in his possession until disposed of by him off the track. A person, other than a licensed veterinarian, may not have a needle or syringe of any kind, type, or description or any injectable which might be administered by a needle or syringe on his person or in his custody, control, or possession, or in the custody, control, or possession of any of his employees. Any veterinarian practicing at any Maryland Race Track shall file a report with the stewards as to any medication prescribed or administered or professional service performed. This report shall be filed in person or postmarked within a period of 48 hours from the time of treatment. These daily reports shall remain confidential except that the Commission veterinarian may compile general data from them to assist the Commission in formulating policies or rules, and the stewards may review them in investigating a possible violation of these rules. For the purposes of this regulation: A horse is considered to be bred where it is foaled; The breeder of a horse is the owner of the dam at the time the horse was foaled; A Maryland stallion is a stallion that is: In Maryland for at least one full breeding season, which begins on February 15 and ends after July 15 of each year; or Brought into Maryland subsequent to the start of the breeding season and approved as a Maryland stallion by the Registration Committee of the Maryland Horse Breeders Association; The owner of Maryland stallion qualifies for a stallion owner award if: The person was the owner at the time that a registered Maryland-bred sired by the stallion was conceived and the conception occurred during the Maryland breeding season as described in §A(3)(a) of this regulation; and The stallion is registered annually with the Maryland Horse Breeders Association; and Unless otherwise limited, the purse amount upon which an award may be calculated is the base amount of the advertised purse without an enhancement predicated on the number of participants in the race. If the Maryland Horse Breeders Association refuses to register a horse under Business Regulation Article, §11-538, Annotated Code of Maryland, making the horse ineligible to participate in the Maryland-Bred Fund Race program, the owner or breeder of the horse may appeal the refusal to the Commission. From the money allocated to this Fund under Business Regulation Article, §11-515, Annotated Code of Maryland, $15,000 shall be deducted at each of the first two meetings of the year at each of the two mile tracks in Maryland before any other calculations are made, and these amounts shall be forwarded to the Maryland Horse Breeders Association to be distributed as follows in accordance with a formula devised annually by the Maryland-Bred Race Fund Advisory Committee and approved by the Racing Commission by March 31 of each calendar year: To the exhibitors of yearlings at the Maryland Horse Breeders Association's Maryland-Bred Yearling Show based on the performance of those yearlings during each of their respective 2-year-old and 3-year-old campaigns; To the exhibitor of a yearling that placed either first, second, third, fourth, or fifth in its class at the Maryland Horse Breeders Association's Maryland-Bred Yearling Show; To the exhibitor of a yearling that was selected as the Grand or Reserve Champion at the Maryland Horse Breeders Association's Maryland-Bred Yearling Show; and The balance, if any, shall be used to proportionately decrease the deductions for this purpose the following year. Subject to the approval of the Commission, up to 10 percent of all monies allocated to the Maryland-Bred Race Fund under Business Regulation Article, §§11-515 and 11-525(d), Annotated Code of Maryland, and all earnings on these monies, after the deduction of the amounts under §C of this regulation, shall be paid to the Maryland Horse Breeders Association as compensation for the administration of the Maryland-Bred Race Fund. The Maryland Horse Breeders Association shall render an accounting in a manner satisfactory to the Commission regarding the monies paid to it under §D of this regulation. The Commission may allocate a portion of the monies allocated to the Maryland-Bred Race Fund, calculated on the balance remaining after the deductions required under §§C and D of this regulation, to races which are restricted to horses conceived, but not necessarily foaled, in Maryland. With the exception of the monies allocated to this Fund which were generated by the handle on Maryland Million Day, subject to the approval of the Commission, a portion of all the remaining money allocated to this Fund, and all earnings on these monies, shall be distributed in the form of purse money and owner awards as follows: A percentage to purses for horses which have been registered with the Maryland Horse Breeders Association as being Maryland-bred horses; and A percentage to owner’s awards, to be paid to the owner of a horse which won a race or finished second or third in any race except a stakes race, and which has been registered with the Maryland Horse Breeders Association as being a Maryland-bred horse. After the application of §G of this regulation, the remaining portion of the monies allocated to this Fund, and all earnings on these monies, shall be distributed in the form of breeder and stallion owner awards as follows: To a breeder of a registered Maryland-bred horse which won a race, or finished second or third; and To the owner of a stallion, as defined by §A(4) of this regulation, if a registered Maryland-bred sired by the stallion won a race, or finished second or third. On a semiannual basis, the Commission, with the advice of the Maryland-Bred Race Fund Advisory Committee, shall determine the amount to be distributed in the form of purses and owner, breeder, and stallion owner awards using the following formulas: Under §H(1) and (2) of this regulation, the award percentage shall be based on a relationship between the total amount of the purses on which these awards are to be paid, limited to the first $100,000 of the gross purse for a stakes race, and the total amount of money available for distribution regarding breeder and stallion owner awards; The breeder and stallion owner award percentages established under §I(1) of this regulation shall apply to all Maryland-Bred Fund races except the races conducted on Maryland Million Day; and The breeder and stallion owner award percentages for races conducted on Maryland Million Day shall be determined annually by the Commission with the advice of the Maryland-Bred Race Fund Advisory Committee. The owner, breeder, and stallion owner awards shall be paid as soon as practical. On Maryland Million Day, all monies allocated this day to the Maryland-Bred Race Fund under Business Regulation Article, §11-515, Annotated Code of Maryland, shall be distributed as breeder and stallion owner awards for the horses racing on Maryland Million Day in the manner specified by §I(3) of this regulation. The awards under §§G, H, and K of this regulation shall be calculated on the order of finish as determined by the stewards notwithstanding any dispute as to the proper order of finish, and: If there is a dispute, the award in dispute shall be held in escrow until a final determination is made by the Maryland Racing Commission; If the award is not allowed, that calculated award shall be carried over to the next semiannual time period described under §I of this regulation; and If an additional award becomes payable after the completion of the computation of awards, that award shall be paid from the next semiannual period described under §I of this regulation. If, after making the distributions required under this regulation, monies allocated to the Maryland-Bred Race Fund: Are undistributed, these monies shall be placed in an interest-bearing escrow account and distributed, with interest, under the provisions of §I of this regulation; or Are not fully funded from the monies generated by the deficit shall be funded from monies available from the next semiannual time period described under §I of this regulation. Amounts received by the Fund as its share of the fee from out-of-State bets on Maryland races, in conformance with Business Regulation Article, §11-804.1, Annotated Code of Maryland, shall be expended for the purposes of fostering and promoting the well-being of the thoroughbred breeding industry: On the advice of the Maryland-Bred Race Fund Advisory Committee; and Subject to the approval of the Commission. During the running of a race: Unless caused wholly or partly by some other horse, a horse may not: Carry another horse in or out; Cross or weave in front of another horse without sufficient clearance; Jostle another horse; Intimidate another horse; or Impede another horse; and A jockey may not: Strike another horse or jockey; Ride in a careless manner; or Unnecessarily cause the horse the jockey is riding to shorten its stride with a view toward claiming foul against another horse or jockey in the race. A horse may be disqualified if it, or the jockey riding it, is involved in a violation of §A of this regulation. When a horse is disqualified under this regulation, every horse in the race belonging wholly or partly to the owner of the disqualified horse may also be disqualified. In addition to being sanctioned for violating other provisions of this regulation, a jockey may be sanctioned if deemed to be responsible for a violation of §A of this regulation. The jockey of a horse participating in a race may delay the results of the race being declared official by notifying an outrider, immediately following the running of the race, of the possibility of a claim of foul. A claim of foul under this regulation may only be made: By the jockey, the trainer, or the owner of a horse participating in that particular race; and With the clerk of scales or the stewards before the results of the race being made official. A notification of the possibility of a claim of foul under §D of this regulation or a claim of foul itself may not be frivolous. A jockey against whom a foul is claimed shall be given the opportunity to communicate with the stewards before any decision is made by them. If the stewards perceive that there has been a violation of §A of this regulation, they may take action on their own initiative in the absence of a claim of foul. If the stewards at any time are satisfied that the riding of any race was intentionally foul or that any jockey was instructed or induced so to ride, all persons guilty of complicity shall be suspended and the case shall be reported to the Commission for such additional action as it may consider necessary. If a horse leaves the course, in order to continue to participate in the race, it shall return to the point at which it left and run the course from that point. When one horse pays forfeit for a match, the other need not walk over, but for a sweepstakes, even if all the horses but one have declared forfeit, that horse shall walk over, except by the written consent of all the persons who pay forfeit; in the case of a purse, the consent of the stewards is necessary to dispense with a walkover. When a horse is disqualified, and there is evidence of fraud or attempted fraud, any other horse in the race owned or controlled by the same interest, or trained by the same trainer, also shall be disqualified. If a provision of this regulation is violated, and an offending horse finishes the race in a position entitling it to any part of the purse, the stewards are charged with determining its proper place in the race, or they may disqualify the horse if, in their judgment, the circumstances justify this action. An individual astride a horse or pony on the grounds of a facility under the jurisdiction of the Maryland Racing Commission shall wear a: Safety helmet which is designed to adequately protect the head from injury; and Safety vest which is equal to or exceeds the requirements set forth in Regulation .21-1 of this chapter. A farrier may not shoe horses at a race track under the jurisdiction of the Commission until the farrier has obtained a license from the Commission. An applicant shall satisfy all of the following requirements before obtaining a farrier's license: The applicant shall be endorsed by three trainers licensed in Maryland and shall have had a minimum of 2 years experience. An examination shall be conducted to demonstrate an applicant's ability to plate a race horse or pony. The examination shall be observed by a representative of the organization which represents the majority of the horsemen, a farrier licensed in Maryland, and a Maryland Racing Commission veterinarian. The examiners shall report to the stewards on the applicant's ability to shoe a horse. Steeplechase racing shall be held in accordance with the Rules and Regulations of the National Steeplechase and Hunt Association, unless in direct conflict with the spirit of the rules herein established, in which event the latter governs. Eligibility. A person may not be granted a trainer's license unless the person has: Been previously issued a trainer's license; Been issued a trainer's license in another jurisdiction and started a horse in that jurisdiction; or Satisfied all of the following requirements: Served a minimum of 1 year as an apprentice with a licensed trainer; Submitted notarized statements from three licensed trainers containing their opinions as to the applicant's: Reputation, Financial responsibility, Qualifications to train; Passed a standard examination administered by the stewards; Passed a standard barn test administered by horsemen's representatives under the supervision of the stewards. To be considered a passing grade, the combined score for the tests under §A(2)(c) and (d) shall be 80 percent or more. The stewards may impose a waiting period before allowing the individual to retake the examination. However, the waiting period may not exceed 6 months. Restrictions on Steeplechase Trainers. A steeplechase trainer's license only authorizes a person to enter, start, and race horses in: Steeplechase races; and Horse races conducted in conjunction with steeplechase racing at Fair Hill. A person may be granted a steeplechase trainer's license without satisfying the eligibility requirements of §A of this regulation, but shall demonstrate, to the satisfaction of the stewards, an ability to train steeplechase horses. A person otherwise licensed as a trainer is not required to be licensed as a steeplechase trainer. Except as provided in this section, a steeplechase trainer is subject to all regulations applicable to trainers. A person under 18 years old may not be granted a trainer's license. Continuing Education. Effective January 1, 2022, and each year thereafter, a trainer or an assistant trainer may not be eligible to renew their license unless they have completed 4 hours of continuing education during the previous calendar year. The stewards may waive this requirement for good cause or provide the applicant 30 days to complete the continuing education requirement. At least 2 hours of continuing education shall include curriculum of equine health, safety, and welfare. Continuing education requirements may be earned online or by attending live courses that are approved by the Commission. Continuing education credits earned in other jurisdictions may be used to satisfy this regulation. Trainers and assistant trainers shall retain their continuing education documentation for 4 years. The Commission or its designee may request documentation from a licensee at any time to ensure compliance with this regulation. Trainers and assistant trainers shall certify on their license applications that they have satisfied the requirements of this regulation. Failure to comply with this regulation may result in disciplinary action. Each trainer shall obtain a license from the Commission. Before issuance of a license, a trainer may be required to satisfy the Commission of his financial responsibility and shall maintain his financial responsibility so long as he is licensed by the Commission. The proper fee shall accompany each application. If a renewal is not made after a period of 5 years, the applicant shall again apply and pay the fee for an original license. The Commission, after a period of 5 years, shall remove from its records the license card of the individual. A trainer may not practice his profession except under his own name. The stewards may permit a trainer to act one time for an owner while awaiting action on the trainer's application for licensure. A trainer who so acts but does not complete his application for a license and pay the appropriate fee within a reasonable period of time shall be precluded from racing until the application is filed and license fee paid. A licensed trainer may represent the owner in the matter of entries, declarations, and the employment of jockeys. A trainer shall have his horse in the paddock at the time appointed. A trainer shall attend his horse in the paddock, and shall be present to supervise his saddling, unless he has obtained the permission of a steward to send his licensed assistant trainer or another licensed trainer as a substitute. If a trainer engages two or more jockeys for the same race, he shall pay the losing fee for each engaged jockey not riding in the race, as well as the proper fee to the jockey who does ride. A jockey's fee shall be considered earned when the jockey is weighed out by the clerk of the scales. The fee may not be considered earned if the jockey, of his own free will, takes himself off of his mount, when injury to the horse or rider is not involved. Any conditions or considerations not covered by the above ruling shall be at the discretion of the stewards. A trainer shall be responsible for the condition of a horse trained by him. Each trainer shall register with the racing secretary all the horses in his charge, giving the name, age, sex, color, and ownership of each, and shall immediately notify the racing secretary of any transfers to or from his badge list, and the disposition of the horses so transferred. A trainer may not have in his charge or under his supervision any horse owned, in whole or in part, by a disqualified person. A trainer may not accept, directly or indirectly, any bribe, gift, or gratuity in any form which might influence the result of any race or which would tend to do so. A trainer may not employ a jockey for the purpose of preventing him from riding in any race. Substitute and Assistant Trainers. If a trainer is to be absent from the track where his horses are participating in races, he shall obtain a licensed trainer to substitute for him during his absence. The substitute trainer shall be approved by the stewards upon forms approved by the Racing Commission. The original trainer is the absolute insurer of the horse he has entered. The substitute trainer will then become the absolute insurer of any additional horses he may enter. A trainer who has in his care a substantial number of horses, or who is actively participating in more than one race meeting at one time, may employ an assistant trainer with the approval of the stewards. Before the issuance of an assistant trainer's license, the applicant shall be required to comply with all the requirements prescribed for a person applying for a trainer's license. The assistant trainer shall be the absolute insurer of all horses that he may enter and is subject to all regulations prescribed by the Maryland Racing Commission. The name of the assistant trainer shall be shown on the official program along with that of the employing trainer. Trainers having charge, custody, or care of horses are obligated to protect properly the horses and guard against any violation of the Corrupt Practices Rules. A trainer who makes a frivolous complaint or frivolously places a hold upon the results of a race being made official may be fined or suspended by the stewards. A trainer or owner who harbors anyone not provided with a license issued by the Commission shall be immediately reported to the stewards, so they may make investigation and take appropriate action as they deem necessary, if any, as provided under Regulation .45V of this chapter. Trainers shall instruct jockeys that all horses shall be ridden out in every race. If two or more horses run in one interest in any race, each jockey shall give his best effort. A trainer is solely responsible for the weight to be carried by any horse he enters. Trainers may not occupy stalls at a track without written permission of the track management. Stall assignments shall be made for a fixed period of time, and shall be vacated at the end of that period. Stalls are to be assigned by the Racing Association to trainers for horses of racing age (no yearlings) which comply with the Racing Association's published eligibility rule, except that the Racing Association may assign specific stalls for horses to be used as ponies. Stalls are to be for the sole use of the trainer to whom they are assigned. Falsification of stall applications and transfer or use of these stalls by any other person constitutes a violation of this rule and will be subject to fine or suspension. When a groom or other employee of a trainer, working at one of the tracks, leaves the trainer's employ, the trainer shall promptly notify the security office of that track, in writing, of the employee's departure. A licensed trainer may not: Take or keep in his charge a horse owned wholly or in part, or controlled by, a person unlicensed as an owner; Assume responsibility for a horse not under his active care and supervision, except as provided by §§H and P of this regulation. Each trainer shall register with the stewards all the horses in the trainer's charge that have a mortgage or lien of any kind against them, giving the name, age, sex, color, and ownership of each horse. After a race has been run, the jockey shall ride promptly to the area designated by the association to dismount and report to the clerk of the scales to be weighed in. If a jockey is prevented from riding a mount to the area designated by the association to dismount because of an accident or illness, either to the jockey or the horse, the jockey may walk or be carried to the scales, or the jockey may be excused by the stewards from weighing in. Except by permission of the stewards, a jockey, upon returning to the area designated by the association to dismount, shall unsaddle the horse the jockey has ridden, and no other individual may touch the horse, except by its bridle, until the jockey has removed all the equipment which was included in the weight the horse was assigned to carry. Absent the permission of the stewards, an individual may not assist a jockey in removing the jockey's equipment from a horse. An individual may not throw a covering over a horse at the place of dismounting until the jockey has removed the equipment that was included in the weight the horse was assigned to carry. A jockey may not, before weighing in, willfully touch an individual or thing, other than equipment that was included in the weight the horse was assigned to carry. A jockey shall, in weighing in, carry over the scales all pieces of equipment with which the jockey weighed out. A jockey shall weigh in with the same weight as that with which the jockey weighed out, and, if short by more than 1 pound, the jockey's horse shall be disqualified. If a horse carries more than 2 pounds over its proper or declared weight, its jockey shall be punished unless the stewards are satisfied that this excess of weight is inadvertently caused by precipitation or mud. Jockeys shall be weighed out for their respective mounts in each race by the clerk of the scales not less than 20 minutes before the time fixed for the race. In case of the substitution of a jockey after the original jockey has been weighed out, the substitute jockey shall be weighed as promptly as possible and the name of the substitute jockey and the jockey's weight shall be publicly announced and posted. A saddle and the following equipment, if used, shall be included in the weight a horse is assigned to carry: Breastplate; Horse clothing; Martingale; and Muzzle. The following items may not be included in the weight a horse is assigned to carry: Bit; Blinkers; Bridle; Number cloth; Reins; Safety helmet; Safety vest; and Whip or substitute for a whip. Bridle and Whip. A bridle weighing more than 2 pounds may not be used in a race. A whip to be used in a race: Shall be padded; Shall be approved by the stewards; May not weigh more than 8 ounces; and May not exceed 30 inches in length. Five pounds is the limit of the overweight any horse is allowed to carry. A jockey, except when riding for the jockey's contract employer, may not be weighed out for any race unless there has been deposited with, or guaranteed by, the racing association the fee for a losing mount in the race. Owners having unpaid jockey or other fees at the close of the race meeting shall be billed by the racing association within 20 days of the close of their race meet, with a duplicate copy of bill to the trainer. Accounts shall be paid within 30 days from the billing date. At the expiration of the 30 day period, it shall be the duty of the association to notify the Racing Commission or the stewards, in writing, of all delinquent accounts, at which time all owners with outstanding accounts will be suspended until the fees are paid. The association shall provide the only attendants who will be permitted to assist jockeys in weighing out. The equipment carried or worn by a jockey or a horse in a race is subject to the approval of the stewards. The winnings of a horse in a stakes race shall be computed on the value of the gross purse. In estimating foreign winnings, the current rate of exchange at the time of those winnings shall be adopted. The value of prizes not in money will not be estimated in the value of the race to the winner. In estimating the value of a series of races in which an extra sum of money or prize is won by winning two or more races, the extra sum or prize shall be estimated in the last race by which it was finally won. In all races, if there is any surplus from entries, or subscriptions over the advertised value, it shall be paid the winner, unless stated by the conditions to go to other horses in the race. Winnings during the year shall include all prizes from the 1st of January preceding to the time appointed for the start, and shall apply to all races in any country. Winnings shall include dividing or walking over. Winning of a fixed sum is understood to be winning it in one race, unless specified to the contrary. In case of a walkover, one-half of the money offered to the winner is given unless otherwise advertised. When a walkover is the result of arrangement by owners of horses engaged, no portion of the added money nor any other prize need be given. Prize Distribution. Any money or prize which, by the conditions of the race, is to go to the horse placed second, or in any lower place in the race, shall, if the winner has walked over, or no horse has been so placed, be dealt with as follows: If part of the stake, it shall go to the winner; If a separate donation from the association or any other source, it may not be given at all; or If entrance money for the race, it shall go to the association. If a race is not run or is void, all monies paid by an owner in respect to that race shall be returned. A race may be declared void if no qualified horse covers the course according to rule. Subject to the approval of the Commission, the amount earned by a jockey for finishing first, second, third, or unplaced shall be determined by a written agreement between the organizations that represent the majority of owners and trainers and a majority of jockeys riding in Maryland. The Maryland Racing Commission, acting under authority of the law creating it, has established the pari-mutuel as the only legal system of wagering on horse racing on all tracks in Maryland over which it has jurisdiction. The “take” shall be in accordance with the law existing at the time of the race meeting. The least number of horses in separate interests that can take part in a race in which payment out of the several pools may be made are: Five for straight, place and show; Four for straight and place; Three for straight; In exceptional instances, the Maryland Racing Commission consenting, straight pools may be sold with only two horses engaged. The consent of the Maryland Racing Commission shall be obtained to call off betting in the various pools as follows: Show, if five or more separate interests are engaged in a race; Place, if four or more separate interests are engaged in a race. In establishing the payoff in each pool in every race the calculations shall be made on the dollar. Any balance that may result in the division on which the result is determined need not be paid in pennies, but in every instance the breakage allowance shall be less than 10 cents, the dollar being the unit. The “breakage” shall be in accordance with the law existing at the time of the race meeting. A pari-mutuel ticket shall be sold in denominations approved by the Commission. Notwithstanding any other provision of the pari-mutuel rules for wagering, each association shall, in all cases of a pari-mutuel pool, distribute not less than $2.10 on each winning $2 wager. Minus pools shall be charged against breakage in the same proportion as the breakage is allocated. The result of every race is determined, insofar as the mutuel pay-off is affected, when it is posted as “official”. Since immediate distribution of the respective pools is required, a subsequent change in the order of finish and no run-off in a dead heat may not involve the mutuel department. Errors. If an error is made in posting the pay-off figures on the public board, it shall be corrected promptly and only the correct amounts shall be used in the pay-off, irrespective of the error on the public board, but a change may not be made in the pay-off after the cashing of winning tickets has commenced. If an error is discovered before the pay-off is started, the correct pay-off shall be posted and a statement shall be made over the public address system stating the facts and the corrections. If, under the conditions set forth above it is too late to correct the error, then the following rules shall apply: If the error results in an over-payment to the public, subsequent correction may not be made; If the error results in an under-payment, the amount of under-payment, after it has been determined, is added to the same pool which next occurs; However, if an under-payment occurs and the same pool does not reoccur at the scheduled race meeting, the amount of the under-payment shall be paid over to the Commission for the account of the Maryland Horsemen's Assistance Fund. In order to determine “at what time” the cashing of winning tickets has commenced, the following rules govern: At racing associations where a mechanical device is employed to inform the cashiers the amount of pay-off, when the key or other device is set to indicate race and prices are official and it is proper to pay off; At racing associations where messengers are employed and/or telephone messages to deliver official pay-offs to cashiers, 60 seconds after the pay-offs have been posted on the public board. All horses in the name of the same owner under the care of the same trainer, when entered to race, shall be coupled as an entry, a wager on any one of them being a wager on all—the “entry” running as one horse. Except as provided in §N of this regulation, where the capacity for betting units on the tote board at a track is less than the number of betting interests competing in the race, all betting interests in excess of the maximum number of betting units, less one, shall be grouped together to constitute the “field”, a bet on the “field” being a bet on all horses so grouped. If a race emanates from a track whose tote board provides for a number of betting units different than the tote board at a track receiving the race, and the receiving track elects to use the same number of betting units as the sending track, the receiving track shall: Advertise that the wagering units at the receiving track site shall be the same as at the sending track; and Display the odds only on the monitors throughout the facility if the receiving track's tote board is not capable of displaying at least the same number of betting units as displayed on the tote board of the sending track. When safety regulations and the width of the track (county fairs) require that the number of horses permitted to compete shall be limited to 10 or less, there may not be a “field”, except as provided in §N of this regulation. Provisions for horse betting units shall be made to meet the requirements of each race, as indicated by the printed program. Should any horse be “scratched”, the totalisator betting mechanism provided for that horse shall be locked immediately. Excused or Scratched Horse. The stewards may excuse a horse and order it scratched from a race at any time before the horses are dispatched from the starting gate. Tickets purchased on scratched horses shall be redeemed at their face value, unless the excused or scratched horse is part of an “entry” or “field”. When a horse that is part of an entry or the field is scratched after betting on the race has begun, all wagers on the entry or field remain in effect as long as a horse from the entry or field remains in the race. If the entire entry or field is scratched, the tickets purchased on the entry or field shall be redeemed at their face value. At a track equipped with a totalisator system with the capability to cancel and refund tickets before the running of a race, the time that betting has begun on a horse in an entry or the field is considered the time that win odds are first displayed on the track's infield tote board on the race in which the horse is to compete, or when the probable payoff prices are posted on the first race of a multiple race pool of which the horse's race forms a part. If a horse is scratched before betting has begun, and if tickets have been sold upon an affected entry or field before the time when betting has begun, the tickets may not be refunded unless the holders of the tickets present them for cancellation before betting on the race has begun, or the first race of a multiple pool. Tickets not presented for cancellation by this time are considered as wagers upon the remaining horses in the entry or field. If a door of the starting gate fails to open as the starter dispatches the field (because of faulty action or other cause), it shall be reported immediately to the stewards by the starter. The stewards shall post the inquiry sign and have the announcer alert the public to hold all tickets. The stewards shall then view the films to determine if the gate failed to open when the starter dispatched the field and rule accordingly. The starter shall make the decision on what horse or horses are prevented from racing through failure of the gates to open. If the failure of a stall gate to open reduces the number of horses in separate interests actually engaged in the race below the number required for show or place betting, refunds of the place or show polls may not be made; complete and full refunds shall be made on the horses prevented from starting. If the stewards or the veterinarian excuse a horse and order the horse scratched before it is in the hands of the starter, and this action reduces the number of horses in separate interests actually engaged in the race below the number required for place or show wagering, refunds shall be made of the place or show tickets on the horse. If a horse is prevented from running due to a failure of the starting gate, a refund of all tickets shall be made. Except when dead heats occur, or when “field” horses or “entries” are involved in the result of a race, or when no ticket has been sold on a horse finishing first, second, or third, the distribution of pools shall be as follows: The distributable portion of the “straight” pool shall be paid to holders of tickets on the horse that finishes first; Distributable “place” money shall be divided in equal parts, 1/2 of which shall be allotted to the winning horse and 1/2 to the horse finishing second, payments being made to holders of “place” tickets; “Show” money for distribution among holders of show tickets shall be divided into three equal portions, one portion for the horse finishing first, one portion for the horse finishing second, and one portion for the horse finishing third; All payments to holders of tickets entitled to share in the distribution of the respective pools shall be in proportion to their investment in the horse or horses sharing in the distribution from these pools, reference to payments out of pools meaning the distributable portion thereof but refunds, when made, include all the money in the pool or pools to which they apply. Dead Heats. If two horses run a dead heat for first place, the money in the “straight” mutuel pool shall be divided the same as in a “place” pool calculation. If two horses run a dead heat for second place, the division shall be made as follows: The winner of the race shall receive his full share of 1/2 of the “place” money, and the two dead-heaters shall receive 1/2 each of the balance, or 1/4 each of the whole. If two horses run a dead heat for third place, the division is made as follows: The winner and the second place horse receive their full share, namely 1/3 each of the distributable money in the show pool; and The two horses in the dead heat divide the remaining third between them, namely 1/6 of the distributable money. Field Horses. In the event that two of the “field” horses finish first and second, or first and third, or second and third, the “show” money shall be divided into three parts, 2/3 going to the “field” horse. If three “field” horses finish first, second, and third, all the “place” money and all the “show” money, as well as the “straight” money, shall go to the “field” tickets participating. Apportionment of Pools When No Tickets Are Sold. If a race is won by a horse on which no “straight” tickets have been sold, all the “straight” money shall be apportioned to the holders of “place” tickets on the winning horse, the “straight” money supplementing the winner's share of the “place” pool. If a horse upon which no “place” ticket has been sold runs second, all of the “place” pool shall be apportioned to the “place” tickets sold on the horse that finished first, there being only one participating ticket and not two, as usual, the calculation being the same as in the “straight” pool. If a horse upon which no “show” ticket has been sold finishes third, all of the “show” pool shall be divided between the “show” tickets sold on the horses that finished first and second, there being but two participating tickets, and not three, as usual, the calculation being the same as in a “place” pool. If only one horse finishes in a race, all money in the place and show pools goes to the holders of place and show tickets on this one horse, the money being distributed as in a straight pool. If only two horses finish in a race, all money in the show pool goes to the holders of show tickets on these two horses, the money being distributed as in a place pool. If no horse finishes, all money shall be refunded. Each association shall maintain suitable electric apparatus for locking the totalisator selling windows. It shall be operated from the stewards' stand by one of the stewards designated for this duty. Pari-Mutuel Ticket Sales. A pari-mutuel ticket may not be sold on an event for which the totalisator has been closed for betting on the event. An association is not responsible for a ticket sale on an event unless evidenced by a ticket that was issued and produced before the totalisator was closed for betting on the first race of the event on which a bet was placed. Claims pertaining to a mistake on an issued or unissued ticket shall be made by the bettor before leaving the teller's window. An association has no obligation to enter a bet into a betting pool if unable to do so as a result of equipment failure. While the betting is in progress, there shall be frequent postings of the approximate odds on the horses taking part in the race, “entries” being listed on the odds board as one horse and likewise the “field”, when either or both are a part of the race. Suitable apparatus shall be provided whereby notice is given to the mutuel department that the: Horses that are to run are on the track after leaving the paddock; Horses are parading; Lead pony has just reached the starting gate; and Horses are off. Totalisator adjustments will be summarized at the close of each meeting and if the result is a credit to the company operating the totalisator, then the auditor representing the Maryland Racing Commission will obtain a check from the company, for the amount of the net credit, made payable to “Maryland Horsemen's Assistance Fund”. If any emergency develops requiring an immediate solution in connection with the operation of the mutuel department, the authority to act is hereby conferred on the mutuel manager, who shall promptly report the emergency to the Commission and the means employed by him in meeting it. The cycle of frequency of change on the totalisator board may not be more than 60 seconds. A person younger than 18 years old may not purchase or cash pari-mutuel tickets. Daily doubles may be limited to one for each racing program. Coupled entries are permitted. Fields are prohibited in either half of the daily double. This section does not apply to races conducted by the Cecil County Breeders' Fair, Inc. (Fair Hill). The pay-off shall be posted after the pool closes, and before the race completing the double has been run, except in the event of a dead heat in the first half of the daily double, when the posting of the pay-off may be deferred until the race completing the daily double has been run. If no ticket is sold combining the two winners, the pool shall then be apportioned equally between those having tickets including the winner of the first race and those having tickets including the winner in the last race in the same manner in which a “place” pool is calculated and distributed. If no ticket is sold including the winner of the first race, the entire pool will be paid to the holders of tickets which include the winner of the last race of the daily double. Likewise if no ticket is sold including the winner of the last race, then the entire pool will be paid to the holders of tickets which include the winner of the first race of the daily double. If no ticket is sold including the winner of either race, then the pool shall be paid to the holders of tickets which include the horses finishing second in the two races of the daily double. If no ticket is sold which would require distribution of the daily double pool, the association shall make a complete and full refund of the pool. If for any reason the first race of a daily double is cancelled and declared “no race”, full and complete refund will be made of the daily double pool. If for any reason the second race of a daily double is cancelled and declared “no race”, the daily double pool shall be distributed to the holders of the daily double tickets on the winner of the first race in the same manner as the straight pool of the first race is distributed, except as to the amount of distribution, which shall be controlled by the amount bet in the daily double pool. If, after the first half of the daily double has been run and declared official, a horse is excused or scratched in the second half of the daily double, then a consolation pay-off shall be made to holders of the daily double tickets which combine the winner of the first half of the daily double to the excused or scratched horse of the second half of the daily double computed in the following manner: If, after the first half of the daily double has been run and declared official, a horse is scratched or excused from the second half of the daily double, then a consolation pay-off shall be made to holders of tickets which combine the winner of the first half and the scratched or excused horse. The consolation pay-off shall be calculated as follows: The net daily double pool (gross pool less commission) shall be divided by the total number of tickets sold combining the winner of the first half; the quotient thus obtained shall constitute the consolation pay-off, to be paid to holders of each ticket combining the winner of the first half and the scratched or excused horse in the second half. The entire consolation pool (number of eligible tickets times the consolation price), plus the breakage, shall then be deducted from the net daily double pool. The remaining pool is the new net pool for the daily double. If the holder of a ticket loses the first race, and his horse is scratched in the second, no money shall be refunded. The twin double is a part of the pari-mutuel system of wagering. It is a contract by each participant to pick (select) the winner of each of four races as may be designated by a licensee, with the approval of the Commission. For the purpose of this rule, these four races will be referred to as the twin double races. The first two races shall be referred to as the first half of the twin double. The third and fourth races shall be referred to as the second half of the twin double. All sums deposited in the twin double shall be held in a single pool entirely separate from all other pools, and the award or dividend to each winning participant shall be calculated, subject to the provisions of this rule, as in a straight pool. All twin double tickets shall be sold at twin double windows and shall be clearly and immediately distinguishable from the daily double and other tickets sold. Repealed. The sale of twin double tickets may not commence until after the completion of the second race of the day, unless special permission is obtained from a representative of the Commission. The twin double windows shall close and the machines shall be locked 5 minutes before the official post time. Each participant in the twin double shall designate his selections for the winners of the first half of the twin double races at the time he purchases his twin double ticket and each twin double ticket shall show the selection made. After the completion of the first half of the twin double races, each participant holding a ticket combining the winners of these two races shall, during the period while the twin double windows are open for this purpose, exchange the ticket for a twin double exchange ticket showing his selections for the winners of the second half of the twin double. A twin double exchange ticket may not be issued except upon surrender of a twin double ticket showing the winners of the first half of the twin double. Twin double windows shall be open for the issue only of twin double exchange tickets after the races comprising the first half have been completed and declared official. The windows shall close at official post time of the start of the second half of the races comprising the twin double. After the running of the 3rd race of the twin double, the twin double possible payoffs will be posted. There is no payoff for picking the first two winners of the twin double. Inasmuch as the purpose of the twin double is to select the winner of the first half and second half of the twin double races, a participant who selects a starter which runs in but does not win a race is no longer eligible, unless no other participant has selected the winner of that race. If a horse is scratched in the first race of the first half of the twin double, all tickets on the scratched horse will be refunded and the money refunded will be deducted from the gross pool. If a horse is scratched in the second race of the first half of the twin double, after the running of the first race of the first half, all twin double tickets combining the scratched horse with the actual winner of the first race of the first half of the twin double shall be paid a price equivalent to that fraction of the net pool derived by dividing the net pool by the total purchase price of all tickets combining the winner of the first race of the first half of the twin double with all horses in the second race of the first half of the twin double. The total pay-off of all tickets combining the winner of the first race of the first half of the twin double with the scratched horse in the second race of the first half of the twin double as determined by the method set forth in this rule shall be deducted from the net twin double pool. If a horse is scratched in the first race of the second half of the twin double during or after the exchange of tickets by holders of the first two winners, each ticket including the scratched horse in the first race of the second half of the twin double shall be paid a price equivalent to that fraction of the net pool derived by dividing the net pool by the total number of tickets exchanged. The total pay-off of all tickets combining the winners of the first half of the twin double with the scratched horse in the first race of the second half of the twin double as determined by the method set forth in this rule shall be deducted from the net twin double pool. If a horse is scratched from the second race of the second half of the twin double during or after the exchange of tickets by holders of the first two winners, each ticket including the scratched horse in the second race of the second half of the twin double combined with the winner of the first race of the second half of the twin double shall be paid a price equivalent to that fraction of the net pool derived by dividing the net pool by the number of exchanged tickets including the winner of the first race, second half of the twin double. The total pay-off of all tickets combining the winners of the first half of the twin double and the winner of the first race in the second half of the twin double with the scratched horse in the second race of the second half of the twin double as determined by the method set forth in this rule, shall be deducted from the net twin double pool. If no exchange ticket includes the winner of the first race of the second half of the twin double the entire pool shall be distributed as a straight pool to all holders of exchanged tickets and winning combinations of the first half that had not been exchanged. If no exchange ticket combines the winners of the first and second races of the second half of the twin double then the entire pool shall be distributed as a straight pool to all holders of tickets including the first race of the second half winner. In the event of a dead heat in the first race of the first half of the twin double, all tickets combining both winners of the first race of the first half with the winner of the second race of the first half of the twin double shall be eligible for exchange this also applies in the event of a dead heat in the second race of the first half of the twin double. If there is a dead heat in the first race of the second half of the twin double and if there is no ticket combining either winner with the winner of the second race of the second half of the twin double, then the pay-off shall be distributed to holders of tickets on the first race of the second half winners in the same manner in which a place pool is calculated; this also applies in the event of a dead heat in the second race of the second half of the twin double. If the first race of the first half of the twin double is cancelled or declared “no race,” full and complete refund shall be made of the twin double pool. If the second race of the first half of the twin double is cancelled the net pool shall be calculated as a straight pool and shall be distributed to the holders of tickets combining the winner of the first race of the first half of the twin double with every horse in the second race of the first half of the twin double. If the first race of the second half of the twin double is cancelled the net twin double pool shall be distributed as a straight pool to holders of twin double exchange tickets and holders of winning twin double tickets not surrendered for twin double exchange tickets. If the second race of the second half of the twin double is cancelled the net twin double pool shall be distributed as a straight pool to holders of twin double exchange tickets designating the winner of the first race of the second half of the twin double. In the event of a dead heat between a covered and an uncovered horse in the second race of the second half of the twin double, no consolation payoff shall be made. Holders of tickets on the covered horse, representing the only winners of four consecutive races, shall share in the distribution of the twin double pool. Each association shall either print in the daily program or prominently post at all areas where quinella wagering is conducted the following quinella conditions: An exchange of tickets, after purchaser has left the sales window, may not be made. The quinella is not a parlay and has no connection with or relation to the tote betting. All tickets on the quinella will be calculated in an entirely separate pool. Selections are to be made by program number and not by handicap rating number. Large numbers appearing on the quinella tickets are the program numbers of the horse. All tickets should be retained until the result of the quinella has been posted. All quinella tickets shall be for the win and place combination only. Quinella wagering is not permissible on races containing either a coupled entry or field horses. If a horse entered in a quinella race is scratched or excused by the stewards after wagering has commenced, or if a horse is prevented from racing because of the failure of the stall doors of the starting gate to open, all tickets including this horse shall be deducted from the quinella pool and money refunded to the purchasers of tickets on the horse which is excused or prevented from racing. If there are no tickets sold on the winning combination in a quinella race, all quinella tickets bearing the number of the individual win horse and all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets, and the payoff shall be calculated as a place pool. If there are no tickets sold on the winning combination in a quinella race, and if there are no quinella tickets sold bearing the number of the individual win horse, all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets, and the payoff shall be calculated as a win pool. If there are no tickets sold on the winning combination in a quinella race, and if there are no quinella tickets sold bearing the number of the individual place horse, all quinella tickets bearing the number of the individual win horse shall be deemed winning tickets, and the payoff shall be calculated as a win pool. If there are no tickets sold on the winning combination in a quinella race, and if there are no quinella tickets sold bearing the number of the individual win horse, and if there are no quinella tickets sold bearing the number of the individual place horse, the quinella shall be deemed “no race,” and all moneys in the quinella shall be promptly refunded. If, after an official start is effected, only one horse finishes the quinella race, the total money shall be figured as a win pool, with those who have picked that one horse in the race participating in the pool. If a quinella race results in a two horse dead heat for win, the two horses involved in the dead heat shall be the winners of the quinella race. If a quinella race results in a multiple dead heat for win, all horses involved in the dead heat shall be winners of the quinella race and payoffs figured accordingly. For example, if numbers 1, 3, 5 and 7 dead heat for win, the winning quinella combinations would be 1-3, 1-5, 1-7, 3-5, 3-7, and 5-7. The net pool, after deducting the amounts wagered on the winning combinations, shall be equally distributed in payoff calculations on the winning combinations. If a quinella race results in a two horse dead heat for place, the total pool shall be calculated as a place pool. If a quinella race results in a multiple dead heat for place, all combinations coupling the winning horse with the individual place horses shall be winners of the quinella race and payoffs calculated accordingly. The exacta is a contract by the purchaser of a ticket combining two horses in a single race, selecting the two horses that will subsequently finish first and second in that race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The exacta is not a parlay and has no connection with or relation to the win, place and show betting and shall be calculated as an entirely separate pool. In the event of an entry finishing first and second, the net exacta pool shall be distributed to holders of tickets combining the entry with the horse finishing third. If a horse is scratched out of an exacta race, all exacta tickets combining the scratched horse with any other horse in that race will be refunded and the money so refunded will be deducted from the gross pool. If no ticket is sold selecting the winner and the second horse to finish one-two, in that order, the net pool will be distributed as a place pool to the holders of tickets selecting the winner to finish first and the holders of tickets selecting the second horse to finish second. If no ticket is sold that would require distribution of an exacta pool to a winner as above defined, the association shall make a complete and full refund of the exacta pool. If two horses finish in a dead heat to win, the net pool shall be distributed as a place pool to the holders of tickets on the two winning combinations. For example if 4 and 6 finish in a dead heat to win, holders of tickets on 6 and 4 as well as holders of tickets on 4 and 6 will share in the net pool. If two horses finish in a dead heat to place, the net pool shall be distributed as a place pool to the holders of tickets on the two winning combinations. For example, if 3 is the winner and 5 and 7 finish in a dead heat to place, holders of tickets combining 3 and 5, in that exact order, and holders of tickets combining 3 and 7, in that exact order, will share in the pool. If there is a dead heat to win or a dead heat to place and no ticket has been sold on one of the winning combinations, the net pool shall be distributed to the holders of tickets on the other combination. If there is a dead heat to place and no ticket has been sold combining the winner with either one of the two horses finishing in the dead heat, the holders of tickets selecting the winner to finish first and the holders of tickets selecting either one of the dead heat horses to finish second will share in the net pool. The net pool shall be distributed as a place pool the winner will receive one-half and the horses in the dead heat divide the remaining half proportionately between them. The triple is a contract by the purchaser of a ticket combining three horses that will subsequently finish first, second, and third in that race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The triple is not a parlay and has no connection with or relation to the win, place and show betting and will be calculated as an entirely separate pool. Triple tickets shall be sold in not less than $1 denominations. If no ticket is sold on the winning combination of a triple pool, the net pool shall be distributed to the holders of tickets selecting the win and place finishers in that order. If no ticket is sold combining the win and place finish, the net pool will be distributed to the holders of tickets selecting the winner and show horses. If no ticket is sold combining the win, place or show finishers, the net pool will be distributed to the holders of tickets selecting the winner. If less than three horses finish, the payoff will be made to holders of tickets selecting the finishing horses in order, ignoring the balance of the selection. If no ticket is sold that would require distribution of the net triple pool to a winner as above defined, the association shall make a full refund of the triple pool. In the event of a dead heat or dead heats, all triple tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in either position dead heated, shall be winning tickets. The payoff will be calculated as a place pool by dividing the net triple pool by the total purchase price of winning tickets. In the event of a scratch in the triple, no exchanges will be made. All tickets which include the scratched horse are eliminated from further participation in the triple pool and shall be refunded. Refunds on key horse wheel tickets may be made after the triple race is official. Key horse wheel tickets shall be sold during the entire triple wagering period at the posted price used when triple wagering opens. Coupled entries are permitted but fields are prohibited in triple races. If the horses in a coupled entry finish in more than one of the first three positions, one or more of the horses, as necessary, finishing directly after the first three horses shall be used to complete a winning selection consisting of three different numbers. Triple tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of such tickets from one individual to another is prohibited and shall be grounds for ejection. Each association shall print in heavy type in a conspicuous place in its printed program all the provisions of this section. The Pick Six is a form of pari-mutuel wagering. Each bettor selects the first horse in each of six consecutive races designated as the Pick Six races by the Association. The principle of a Pick Six is, in effect, a contract by the purchaser of a Pick Six ticket to select the winners of each of the six races designated as the Pick Six. The Pick Six pool shall be held entirely separate from all other pools and is not part of a daily double, exacta, trifecta, or other wagering pool. The Pick Six pool is a pool in which the bettor is required to select six consecutive winning horses and is not a parlay. Races in which Pick Six shall be conducted shall be approved by the Maryland Racing Commission and clearly designated in the program. The design of Pick Six tickets shall be clearly and immediately distinguished from other pari-mutuel tickets with the identification “Pick 6” printed on the ticket. The Pick Six pari-mutuel pool shall be calculated as follows: Seventy-five percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate the official winner in each of the six races comprising the Pick Six. The remaining undistributed 25 percent of the net pool shall be distributed among the holders of pari-mutuel tickets which correctly designate the most winning selections less than the six winning selections described above. If there is no pari-mutuel ticket held which correctly designates the winner of all races comprising the Pick Six, 75 percent of that racing date's net amount available for distribution shall be carried over and included in the Pick Six pool requiring six winning selections, at the next performance. If a Pick Six ticket designates as a selection to win in any one or more of the contests comprising the Pick Six, a single wagering interest which is scratched, excused or determined by the stewards to be a non-starter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start, will be substituted for the non-starting selection for all purposes including pool calculations and payoffs, provided further that if the win pool for two or more favorites is identical, the selection shall be the lowest program number substituted for the non-starting selection. The cancellation of one or more contests comprising the Pick Six in any performance shall result in that day's net pool being fully distributed to the individuals holding the most winners on that day's performance. If three or more of the six contests comprising the Pick Six are officially cancelled or declared as no contest, all pari-mutuel tickets on the Pick Six for that performance shall be refunded, and the Pick Six shall be cancelled for that performance. Any contributions to the Pick Six pool from prior performances will remain in the Pick Six pool to be carried over and included in the Pick Six pool for the next performance as prescribed in §E(2), of this regulation. If the accumulated Pick Six pool has not been distributed prior to the closing day of the meeting in which the Pick Six pool was generated, the accumulated Pick Six pool and the net amount in the Best of Six pool, subject to distribution among winning ticket holders, shall be distributed among closing day holders of Pick Six tickets which correctly designate the most official winners of the six contests comprising the closing day Pick Six. Should there be a cancellation of the final day's card, or if the final day of Pick Six pool is cancelled, the contributions shall be transferred to the next thoroughbred track to operate. If one or more of the races comprising the Pick Six is a turf race and the race is switched from the turf to the main track after the close of wagering for the Pick Six, each selection in that race on a Pick Six pari-mutuel ticket shall be considered a winning selection. Those horses constituting an entry or a field as defined within the regulations of the Maryland Racing Commission shall race in any Pick Six race as a single wagering interest for the purpose of the Pick Six pari-mutuel pool calculations and payouts to the public. A scratch, after wagering has begun, of any part of an entry or field selection in such a race shall be of no effect with respect to the status of this entry or field, or both, as a viable wagering interest. If, for any reason, any race or races of a Pick Six program is cancelled and declared “No Race”, the Pick Six pool shall be distributed to the holders of the most winning selections of the remaining races pursuant to §E of this regulation. If the stewards cancel or declare “No Race” in three or more of the Pick Six races for any given date, all pari-mutuel tickets for that Pick Six pool shall be refunded and the Pick Six cancelled for that day. If there is a dead heat for win between two or more horses in any Pick Six race, all these horses in the dead heat for win shall be considered as the winning horse in the race for the purpose of distributing the Pick Six pari-mutuel pools. A person may not disclose the number of tickets sold in the Pick Six pool or the number or amount of tickets selecting winners of Pick Six races before the time the stewards have declared the last Pick Six race on any given date “official”. A pari-mutuel ticket for the Pick Six pool may not be sold, exchanged, or cancelled after the time of the closing or wagering in the first of the six races comprising the Pick Six. A validly issued Pick Six ticket timely surrendered to the association by the legal holder of it shall be the only evidence of a person's participation in the Pick Six pari-mutuel pool. The acceptance of a Pick Six ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgement by the purchaser of the correctness of the ticket, and each purchaser of a Pick Six ticket agrees to be bound by the terms and provisions of this and all other applicable commission rules and regulations and by the laws of the State pertaining to pari-mutuel wagering. The association, totalisator company, and the State may not be liable to a person for a ticket which is not a winning ticket in accordance with the provisions of this rule. The association, totalisator company, and the State may not be liable to a person for a Pick Six ticket not delivered for any reason, including but not limited to, mechanical malfunction, electrical failure, machine locking, or other cause. This rule shall be prominently displayed throughout the betting area of each association conducting a Pick Six program. The Double Triple is a form of pari-mutuel wagering in which the bettor selects the three horses that will finish first, second, and third in each of the two designated races of the Double Triple, in the exact order of finish as officially posted. The two races which comprise the Double Triple shall be approved by the Commission and clearly designated in the program. Each bettor purchasing a Double Triple ticket shall designate his three selections as the first three horses to finish in that order in the first race of the designated two races of the Double Triple. After wagering closes for the first race of the designated two races of the Double Triple, all applicable commissions and taxes shall be deducted from the pool in accordance with the laws of the State. The remaining net pool shall then be divided into two separate pools of equal amounts. The following apply: The first part of the divided pool shall be distributed among the holders of Double Triple tickets selecting the first three horses, in exact order of finish, on the designated first race of the Double Triple, in accordance with established pari-mutuel practice. The first part of the divided pool shall consist of 1/2 of the net distributable pool of the total monies wagered on the first race of the Double Triple on the current day's program only. Specifically excluded from this shall be any carry-over of any Double Triple pool from any previous day's program. The second part of the divided pool shall be placed in a separate pool to be distributed among holders of Second Half Double Triple tickets selecting the first three horses, in exact order, on the designated second race of the Double Triple, in accordance with the established pari-mutuel practice. In the first race of the Double Triple only, if there is a failure to select the first three horses, in exact order of finish, payoffs shall be made on Double Triple tickets selecting, in the following order of priority, which are the first two horses in exact order, but if there is no ticket outstanding, then the first horse. Failure of any ticket to select the first horse to win, regardless of the selection of the exact order of the second or third horse, or both, shall cause a refund of all Double Triple tickets issued on that race. If there is no winning ticket selecting the first three horses in exact order of finish, then any ticket within the applicable order of priority as previously stated is considered a winning ticket for distribution of the first race pool only, but does not entitle the holder of it to an exchange ticket. After the official declaration of the first three horses to finish in the first race of the Double Triple, each bettor holding a winning ticket shall, before the running of the second designated race of the Double Triple, exchange at the designated Double Triple windows the winning ticket for both the monetary value from the first part of divided pool, as established by the mutuels department of the Association, and a Double Triple exchange ticket which designates the bettor's selection of the three horses for finish in that order in the second designated race of the Double Triple. Further money may not be required of the holder of the winning ticket in order to make the exchange. Until the second race of the Double Triple has been declared official, a person may not disclose the number of winning Double Triple tickets eligible for exchange in the second Double Triple race, nor shall any person disclose any information regarding those tickets during the exchange process. A Double Triple exchange ticket for the second race of the Double Triple may not be issued except upon surrender of the Double Triple ticket from the first race as described in these rules. Windows, for the purpose of cashing and exchanging of winning Double Triple tickets, shall be open for the purpose of making exchange as described above only after the first race of the Double Triple has been declared official. The windows shall close when wagering closes for the second race of the Double Triple. If a winning Double Triple ticket from the first race is not presented for cashing and exchange within the time provided above, the bettor may still collect the monetary value attached to the ticket but shall forfeit all rights to any distribution resulting from the second race of the Double Triple. If a dead heat or heats occur in either the first race or second race of the Double Triple, all Double Triple tickets selecting the correct order of finish counting a horse in a dead heat as finishing in any position dead heated shall be winning tickets, and, contrary to the usual practice, the aggregate winning tickets shall be divided into the net pool and be paid the same pay-off price. If there is no Double Triple ticket issued accurately selecting the officially declared first three finishers of the second race of the Double Triple, in the exact order, the second race pool, determined as provided in this rule, shall be held for the next consecutive racing day and combined with the pool of that program's second race of the Double Triple. Distribution of this special cumulative pool of the second race of the Double Triple shall be made only upon the accurate selection, in the exact order, of the first three officially declared finishers of the second race of the Double Triple. Scratches. If a horse is scratched in the first race of the Double Triple, all Double Triple tickets issued which include the scratched horse shall be refunded. If a horse is scratched in the second race of the Double Triple, the stewards shall act as follows: If there are more than 5 minutes to post remaining, as displayed on the infield tote board, the stewards shall declare, by means of a public address announcement, that tickets which include the scratched horse shall be exchanged before the running of the race; or If there are 5 minutes or less to post remaining, as displayed on the infield tote board, the stewards shall determine if there are tickets issued which contain the scratched horse and act as follows: If there are no tickets, the Second Half Double Triple betting is not affected; or If there are tickets, the stewards shall declare, by means of a public address announcement, that the Second Half Double Triple wager for that day is cancelled, that the entire second part of the divided pool resulting from that current day's program only shall be distributed among all holders of Second Half Double Triple tickets, in accordance with established pari-mutuel practice, and that any carry-over of any Double Triple pool from any previous day's program may not be distributed on that racing day and shall be carried over to the next consecutive racing day. If for any reason the field for either the first race or the second race of the Double Triple is reduced to less than seven interests before wagering is opened for the first race of the Double Triple, then Double Triple wagering may not be conducted on that day. If wagering has opened for the Double Triple and the field for either the first race or the second race of the Double Triple is reduced to less than seven interests before the first race of the Double Triple has been run, the stewards shall determine, in their sole and final discretion, whether Double Triple wagering will be refunded and not conducted on that day. If after the first race of the Double Triple has been run the field in the second race of the Double Triple is reduced to less than seven interests, the stewards shall determine, in their sole and final discretion, whether the race will be run as the second race of the Double Triple or, alternatively, whether Double Triple wagering will be cancelled, in which event the entire second part of the divided pool resulting from that current day's program only shall be distributed among all holders of Second Half Double Triple tickets, in accordance with established pari-mutuel practice, and any carry-over of any Double Triple pool from any previous day's program may not be distributed on that racing day and shall be carried over to the next consecutive racing day. If for any reason the second race of the Double Triple is not declared official, the winning ticket holders who have cashed their ticket of the first race of the Double Triple and have received an exchange ticket, shall be entitled to be paid the remaining amount of the current program's divided pool. Sales of Double Triple tickets other than from pari-mutuel machines shall be deemed illegal and prohibited. The Double Triple pool shall be held entirely separate from all other pools, and may not be part of a daily double, exacta, triple, pick six, or other wagering pool. If the accumulated carry-over pool of the Double Triple has not been distributed before the closing day of the meeting in which the pool was generated, the accumulated pool shall be carried over to the thoroughbred association next to operate that accepts Double Triple wagering. If the association next to operate does not accept Double Triple wagering, the accumulated pool shall be deposited in a Maryland bank in interest-bearing form and the accumulated pool together with all interest earned on it shall be carried over to the first day of the next racing meet of the thoroughbred association accepting Double Triple wagering. Coupled entries are permitted but fields are prohibited in Double Triple races. If the horses in a coupled entry finish in more than one of the first three positions, one or more of the horses, as necessary, finishing directly after the first three horses shall be used to complete a winning selection consisting of three different numbers. The acceptance of a Double Triple ticket by taking an issued ticket away from the window of the terminal from which it was issued shall constitute an acknowledgment by the bettor of the correctness of the ticket. Each purchaser of a Double Triple ticket shall agree to be bound by the terms and provisions of this and all other applicable Commission rules and regulations and by the laws of the State pertaining to pari-mutuel wagering. The Association, totalisator company, and the State may not be liable to any person for a Double Triple ticket which is not: A winning ticket in accordance with the provisions of this rule; or Delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, or other cause. This rule shall be prominently displayed in the betting area of each Association conducting a Double Triple Program. The Super Bet is a form of pari-mutuel wagering on three designated races. The bettor selects the two horses that will finish first and second in each of the first two designated races of the Super Bet, and the three horses that will finish first, second, and third in the third designated race of the Super Bet, in each case in the exact order of finish as officially posted. The Super Bet pool shall be held entirely separate from all other pools, and may not be part of any exacta, triple, daily double, or other wagering pool. The Super Bet is not a parlay. Repealed. The three races which comprise the Super Bet shall be approved by the Commission and clearly designated in the program. Super Bet tickets shall be clearly identified as such, so as to distinguish them from tickets on other wagering pools. Coupled entries and fields are prohibited in the three designated Super Bet races. If a dead heat or dead heats occur in any of the races of the Super Bet, all Super Bet tickets selecting the correct order of finish counting a horse in a dead heat as finishing in any position dead heated shall be winning tickets, and contrary to the usual practice, the aggregate winning tickets shall be divided into the net pool and be paid the same pay-off price. Wagering for the Super Bet shall close at the same time that wagering is closed on the first designated race of the Super Bet. If a horse is scratched in a designated race of the Super Bet while wagering on the Super Bet is still open, wagers containing the scratched horse will be deducted from the Super Bet pool and will be refunded just as in other types of wagers. After the close of wagering on the Super Bet, if a horse has been scratched, a consolation pool, or pools, will be established in accordance with §P of this regulation. If for any reason, including but not limited to, weather conditions, less than all of the designated races of the Super Bet are cancelled or are not declared “official,” then all horses in the cancelled race or races that were selected on Super Bet tickets shall be considered winners for purposes of the Super Bet. If for any reason all of the designated races of the Super Bet are cancelled, then all pari-mutuel tickets that were issued for that performance shall be refunded and the Super Bet shall be cancelled for that performance. In all the above instances, any contributions to the Super Bet pool from prior performances will be carried over and included in the Super Bet pool for the next performance as prescribed in §J, below. If there is no Super Bet ticket issued accurately selecting the officially declared winning combination in the exact order of finish in each of the three designated races of the Super Bet, then the net pool (the amount wagered less all applicable commissions and taxes under the laws of this State) shall be carried over and included with the net Super Bet pool at the next performance. If the accumulated carry-over pool of the Super Bet has not been distributed before the closing day of the meeting in which the pool was generated, or if the Association invokes the provisions of §L, the net amount of the carry-over pool so remaining shall be distributed even if a Super Bet ticket is not a winning ticket under §A. In this event, the winning tickets shall be those combining on that performance the most consecutive finishers in the winning combination, starting with the winner of the first designated race of the Super Bet (for example, if the exact winning combination is 1-2, 1-2, 1-2-3, and the best ticket sold is 1-2, 1-2, 1-2-ALL). If there is a cancellation of the closing day's performance, the accumulated carry-over pool shall be carried over to the Thoroughbred Association next to operate that accepts Super Bet wagering. If the Thoroughbred Association next to operate does not accept Super Bet wagering, the accumulated carry-over pool shall be deposited in a Maryland bank, in interest bearing form, and the accumulated pool together with all interest earned on it shall be carried over to the first day of the next racing meeting of the Thoroughbred Association accepting Super Bet wagering. The Association accepting Super Bet wagering may elect, if there is an undistributed accumulated carry-over pool of the Super Bet, to declare a mandatory Super Bet distribution, provided it makes an announcement of its intention to do so at least 24 hours before the opening of Super Bet wagering for that performance. In this event, all of the Super Bet carry-over pool shall be distributed on this performance, even if a Super Bet ticket is not a winning ticket under §A, in accordance with the provisions for determining a winning ticket under §K. The Association may elect to guarantee a gross Super Bet (the accumulated carry-over pool plus gross Super Bet wagering on the current performance) by adding any shortfall from this guarantee to the accumulated carry-over pool, provided it makes announcement of its intention to do so before the opening of Super Bet wagering for that performance. Commissions or taxes may not be deducted from the added amount. Sales of Super Bet tickets other than from pari-mutuel machines shall be deemed illegal and prohibited. Resale of Super Bet tickets from one individual to another is prohibited and shall be grounds for ejection. The acceptance of the Super Bet ticket by an individual taking an issued ticket away from the windows of the terminal from which it was issued shall constitute an acknowledgement by the bettor of the correctness of the ticket. Each purchaser of a Super Bet ticket agrees to be bound by the terms and provisions of this and all other applicable Commission regulations and by the laws of the State pertaining to pari-mutuel wagering. The Association, totalisator, and the State may not be liable to any person for a Super Bet ticket which is not: A winning ticket in accordance with the provisions of this regulation; or Delivered for any reason, including but not limited to: Mechanical malfunction, Electrical failure, Machine locking, or Other cause. Consolation Pools. If one or more horses are scratched (scratches) after the close of wagering on the designated races of the Super Bet, consolation pools shall be established. Consolation pools shall consist of the amount wagered on all combinations that contain the “scratches” after the deduction of all applicable commissions and taxes under the laws of this State from these wagers. Wagers. The relationship that the above amount bears to todays net pool, before the deduction of the above amount from todays net pool, will be the relationship that it will bear to the pool carried forward to this performance (carry-over pool) for the purposes of distributing that portion of the “carry-over pool” to the holder of a winning wager as determined in §P(4), below. A Super Bet wager which contains “scratches” shall participate in the consolation pool if the wager contains all other horses in the correct order of finish except the “scratches,” or, if the “scratches” are in a superior position to the other horses selected, the other horses finish in the next most superior position vacated by the “scratches” or the next most superior position of any horse so advanced. For example, if the exact winning combination is 1-2, 1-2, 1-2-3, and the 4 horse was scratched in the third race of the Super Bet a wager of 1-2, 1-2, 1-2-4 would qualify as a winning consolation wager as well as a wager of 1-2, 1-2, 4-1-2 or 1-2, 1-4-2. No other combination would be a winning wager in this example. If there is no winning wager of the consolation pool, the amounts in the consolation pool shall be returned to the pools from which they were deducted before distribution from these pools. If §K or L of this regulation are invoked, the consolation provision of this section shall apply to §§K and L as well. This regulation shall be prominently displayed in the betting area of each Association conducting a Super Bet program. Except as provided in §B of this regulation, the Pick Three is a form of pari-mutuel wagering in which each bettor selects the winning horse in each of three consecutive races designated by the Association. With the approval of the Commission, an Association may offer Pick Three wagering on three stake races scheduled to be contested over not more than 2 consecutive days. The Association may designate a wager described in §A or B of this regulation with the name “Pick Three” or another name, subject to the approval of the Commission. The Pick Three pool: Shall be held entirely separate from all other pools; May not be part of a daily double, exacta, trifecta, or other wagering pool; and May not be a parlay. The three races which constitute the Pick Three shall be clearly designated in the program or programs. The Pick Three ticket shall be clearly distinguished from other pari-mutuel tickets with appropriate identification of the wager as a Pick Three wager printed on the ticket. The Pick Three pari-mutuel pool shall be calculated as follows: The entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked on the same ticket the winner of each of the three races comprising the Pick Three; If no ticket is sold which: Correctly contains the winner of each of the three races comprising the Pick Three, the entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked on the same ticket the winner of any two of the three races comprising the Pick Three; Correctly contains at least the winner of two of the three races comprising the Pick Three, the entire net amount in the Pick Three pari-mutuel pool shall be distributed, in the usual manner, among those holders of tickets who correctly picked the winner of any one of the three races comprising the Pick Three; and Would require the distribution of the Pick Three pool under this regulation, the Association shall make a full and complete refund of the Pick Three pool. Entries and Scratches. Those horses constituting an entry or a field, as defined within the regulations of the Commission, shall race in the races comprising the Pick Three as a single wagering interest for the purpose of the Pick Three pari-mutuel pool calculations and payouts to the public. A scratch, after wagering has begun, of any part of any entry or field selection in a race shall be of no effect with respect to the status of the entry or field, or both, as a viable wagering interest. If a Pick Three ticket designates as a selection to win in any one or more of the contests comprising the Pick Three, a single wagering interest which is scratched, excused, or determined by the stewards to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start, will be substituted for the nonstarting selection for all purposes including pool calculations and payoffs, provided further that if the win pool for two or more favorites is identical, the selection shall be the lowest program number substituted for the nonstarting selection. If, for any reason: A race of a Pick Three program is cancelled or declared “No Race”, the Pick Three pool shall be distributed among the holders of tickets containing the most winning selections in the remaining races in accordance with §H of this regulation; Two or more races of the Pick Three are canceled or declared “No Race”, all pari-mutuel tickets for that Pick Three pool shall be refunded; A race of the Pick Three is cancelled or declared “No Race” and there is a dead heat for win in one of the remaining races, notwithstanding the provisions of §J of this regulation, all the horses in the dead heat for win shall be considered as the winning horse in that race for the purpose of distributing the Pick Three pari-mutuel pool; or If one or more of the races comprising the Pick Three is a turf race and the race is switched from the turf to the main track after the close of wagering for the Pick Three, all selections in that race on a Pick Three pari-mutuel ticket shall be considered a winning selection. If there is a dead-heat for win between two or more horses in any Pick Three race, the calculation for the purpose of distributing the net Pick Three pool is as follows: The net Pick Three pool, less the amount bet on the winning combinations, shall be divided by the number of winning combinations; Divide the quotient of §J(1) of this regulation by the amount bet on each winning combination; The $1 payoff price for a winning combination is $1 added to the quotient from §J(2) of this regulation for that winning combination, rounded to the next lowest integer in conformance with the breakage provision currently in effect. A person may not disclose the number of tickets sold in the Pick Three pool or the amount of tickets selecting winners of Pick Three races before the time the stewards have declared the last Pick Three race on any given date “official”. A pari-mutuel ticket for the Pick Three pool may not be sold, exchanged, or cancelled after the close of wagering in the first of the three races comprising the Pick Three. Pick Three Tickets. A validly issued Pick Three ticket timely surrendered to the Association by the legal holder of it shall be the only evidence of a person's participation in the Pick Three pari-mutuel pool. The acceptance of a Pick Three ticket by taking an issued ticket away from the window or terminal at which it is purchased shall constitute an acknowledgment by the purchaser of the correctness of the ticket. Each purchaser of a Pick Three ticket agrees to be bound by the terms and provisions of this and all other applicable Commission rules and regulations and by the laws of the State pertaining to pari-mutuel wagering. The Association, totalisator company, and the State may not be liable to a person for a: Ticket which is not a winning ticket in accordance with the provisions of this regulation; or Pick Three ticket not delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, or other cause. This regulation shall be prominently displayed through the betting area of each Association conducting a Pick Three wager. The Commission shall establish a system of intertrack wagering. This system is limited to betting at the racetrack of an association which is not itself conducting the race on which betting is being taken (the “receiving track”) on a race which is being conducted live or by simulcast on a licensed racing day at the racetrack of another association (the “sending track”). All betting under this regulation shall take place within the confines of the racetrack of the receiving track. The Commission may permit: An association desiring to conduct intertrack wagering under this regulation to do so provided that the request is approved by each: Sending track; Receiving track; Group representing a majority of the horsemen: Then racing at the sending track, Who raced at the receiving track at its last meeting; Wagering under this regulation only between associations licensed under Business Regulation Article, Title 11, Subtitle 5, Part II, Annotated Code of Maryland. Money wagered at the receiving track on races on which intertrack wagering is permitted shall be included in the applicable mutuel pools at the sending track, and shall for all purposes be considered as if wagered at the sending track. Without limiting the generality of the above, computation of the takeout, breakage, and State tax on all wagering at the receiving track shall be the same as that normally applicable to racing conducted at the sending track. All pari-mutuel information regarding the money wagered at the receiving track shall be transmitted by telephone wire directly to the sending track and incorporated with the information on wagering at the sending track. Each race on which intertrack wagering is permitted shall be simulcast live from the sending track to the receiving track via telephone wire, television signal, satellite signal, or other means approved by the Commission. The Commission shall have jurisdiction over all wagering and other activities at the receiving track to the same extent as it has when live racing is being conducted at that facility. Nothing contained in this regulation shall constitute the employees of the receiving track as employees of the sending track. The quad is a contract by the purchaser of a ticket combining four horses to finish first, second, third, and fourth in that specific order in a race on which quad wagering is offered. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The quad is not a parlay and has no connection with, or relation to, any other wagering pool and shall be calculated as an entirely separate pool. Repealed. If a ticket was not sold on the winning combination of a quad pool, the net pool shall be distributed to the holders of tickets selecting the first, second, and third finishers in that specific order. However, if a ticket was not sold combining the first, second, and third finishers in that specific order, the net pool shall be distributed to the holders of tickets selecting the first and second finishers in that specific order. However, if a ticket was not sold containing any of the above combinations, the net pool shall be distributed to the holders of tickets selecting the correct first place finisher. If less than four horses finish, the payoff shall be made to holders of tickets selecting the finishing horses in order, ignoring the balance of the selection. If a ticket was not sold that would require distribution of the net quad pool to a winner as defined in §D of this regulation, the association shall make a full refund of the quad pool. In the event of a dead heat or dead heats, all quad tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in all of the positions encompassed by the dead heat, shall be winning tickets. When a dead heat occurs, the payoff shall be calculated using the same logic used for calculating the place and show pools. In the event of a scratch in the quad, exchanges are not made. All tickets which include the scratched horse are eliminated from further participation in the quad pool and shall be refunded. Refunds on key horse wheel tickets may be made after the quad race is official. Key horse wheel tickets shall be sold during the entire quad wagering period at the posted price used when quad wagering opens. Coupled entries are permitted but fields are prohibited in quad races. If the horses in a coupled entry finish in more than one of the first four positions, one or more of the horses, as necessary, finishing directly after the first four horses shall be: Used to complete a winning selection consisting of four different numbers; and Assigned the positions behind those horses which have been advanced due to the coupled entry finishing in more than one of the first four positions. Quad tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of the tickets from one individual to another is prohibited and shall be grounds for ejection. This regulation shall be printed in heavy type in a conspicuous place in the program, or prominently posted near the betting windows of any association permitted to conduct this type of wager. The Pick-7 pari-mutuel pool is not a parlay and has no connection with or relation to any other pari-mutuel pool. The Pick-7 pari-mutuel pool consists of amounts wagered by individuals on the individuals' selections to finish first in each of the 7 races designated by an Association, with the approval of the Commission, to be part of the Pick-7 wager. Horses constituting an entry of coupled horses or horses coupled to constitute the mutuel field in a race comprising the Pick-7 shall race as a single wagering interest for the purpose of the Pick-7 pari-mutuel pool calculations and payout to the public. However, if part of an entry or field is scratched and any part of either an entry or field racing as a single wagering interest is a starter in a race, the entry or field, if selected, shall remain as the designated selection to win in that race for the Pick-7 wager and the selection may not be deemed a scratch. If a Pick-7 pari-mutuel ticket contains a single wagering interest or an entire “entry of coupled horses” or “mutuel field” which is scratched, excused, or determined by the host track stewards to be a nonstarter in the race, after wagering on the Pick-7 has commenced, the actual favorite, as evidenced by the amounts wagered in the host track win pool at the time of the start of the race, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs. In the unlikely event that the win pool for two or more favorites is identical, the selection shall be the lowest program number of the cofavorites substituted for the nonstarting selection. Pick-7 Pari-Mutuel Pool. The Pick-7 pari-mutuel pool shall be calculated as follows: The net pool, that is, the total amount wagered less the applicable takeout, shall be allocated 75 percent to a major share and 25 percent to a minor share; The major share shall be distributed among holders of Pick-7 tickets which contain the correct selections of the winner of each of the 7 races comprising the Pick-7; The minor share shall be distributed among holders of Pick-7 tickets which contain the most correct selections of the winner of each of the 7 races comprising the Pick-7 but fewer than 7. If there is no pari-mutuel ticket issued which correctly selects the winners of each of the 7 races comprising the Pick-7, then the entire net pool shall be distributed among holders of Pick-7 tickets which contain the most correct selections of the winner of each of the 7 races comprising the Pick-7. If there is a dead heat for win between two or more horses in any Pick-7 race, all the horses in the dead heat for win shall be considered as the winning horse in the race for the purpose of calculating the Pick-7 pari-mutuel pool. If, for any reason, any race or races of a Pick-7 is cancelled and declared “no race”, the Pick-7 pool shall be distributed to the holders of the most winning selections of the remaining races pursuant to §E, except that if, for any reason, three or more races of a Pick-7 are cancelled and declared “no race”, all pari-mutuel tickets for that Pick-7 pool shall be refunded and the Pick-7 cancelled for that day. A pari-mutuel ticket for the Pick-7 pool may not be sold, exchanged, or cancelled after the time of the closing of wagering on the first of the seven races comprising the Pick-7 except for refunds on Pick-7 tickets that are required by this regulation. The Pick-7 with Carry-Over pari-mutuel pool is not a parlay and has no connection with or relation to any other pari-mutuel pool. The Pick-7 with Carry-Over pari-mutuel pool consists of amounts wagered by individuals on the individuals' selections to finish first in each of the seven races designated by an Association, with the approval of the Commission, to be part of the Pick-7 with Carry-Over wager. Those horses constituting an entry of coupled horses or those horses coupled to constitute the mutuel field in a race comprising the Pick-7 with Carry-Over shall race as a single wagering interest for the purpose of the Pick-7 with Carry-Over pari-mutuel pool calculations and payout to the public. However, if part of an entry or field is scratched and any part of either an entry or field racing as a single wagering interest is a starter in a race, the entry or field, if selected, shall remain as the designated selection to win in that race for the Pick-7 with Carry-Over wager and the selection is not considered a scratch. If a Pick-7 with Carry-Over pari-mutuel ticket contains a single wagering interest or an entire “entry of coupled horses” or “mutuel field” which is scratched, excused, or determined by the stewards to be a nonstarter in the race, after wagering on the Pick-7 with Carry-Over has begun, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start of the race, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs. In the unlikely event that the win pool for two or more favorites is identical, the selection is the lowest program number of the cofavorites substituted for the nonstarting selection. The Pick-7 with Carry-Over pari-mutuel pool shall be calculated as follows: The net pool, which consists of the total amount wagered less the applicable takeout, shall be allocated: 75 percent to the carry-over share, and 25 percent to a best-of-seven share; The carry-over share shall be distributed among holders of Pick-7 with Carry-Over tickets which contain the correct selections of the winner of each of the seven races comprising the Pick-7 with Carry-Over; The best-of-seven share shall be distributed among holders of Pick-7 with Carry-Over tickets which contain the most correct selections of the winner of each of the seven races comprising the Pick-7 with Carry-Over but fewer than seven; If there is no pari-mutuel ticket issued which correctly selects the winners of each of the seven races comprising the Pick-7 with Carry-Over, then the carry-over share from this day shall be added to the carry-over share of the next program to offer this type of wager at a track licensed under Business Regulation Article, §11-302, Annotated Code of Maryland; If a succeeding track does not offer this type of wager or if a track wishes to discontinue this type of wager or create a mandatory distribution of the carry-over share, upon the approval of the Commission, the carry-over share on the program so designated shall be distributed among holders of Pick-7 with Carry-Over tickets which contain the most correct selections of the winner of each of the seven races comprising the Pick-7 with Carry-Over on that program. If there is a dead heat for win between two or more horses in any Pick-7 with Carry-Over race, all the horses in the dead heat for win are considered as the winning horse in the race for the purpose of calculating the Pick-7 with Carry-Over pari-mutuel pool. If, for any reason, any race or races of a Pick-7 with Carry-Over is cancelled and declared “No Race”, the entire Pick-7 with Carry-Over net pool, exclusive of amounts added from prior programs, shall be distributed to the holders of the most winning selections of the remaining races pursuant to §E(3) of this regulation. If, for any reason, three or more races of a Pick-7 with Carry-Over are cancelled and declared “No Race”, all pari-mutuel tickets for that Pick-7 with Carry-Over pool shall be refunded and the Pick-7 with Carry-Over cancelled for that day. A pari-mutuel ticket for the Pick-7 with Carry-Over pool may not be sold, exchanged, or cancelled after the time of the closing of wagering on the first of the seven races comprising the Pick-7 with Carry-Over, except for those refunds on Pick-7 with Carry-Over tickets required by this regulation. Repealed. Races upon which the Pick-7 with Carry-Over are conducted shall be approved by the Maryland Racing Commission and clearly designated in the program. This rule shall be prominently displayed throughout the betting area of the association conducting this type of wager. Commingling of pari-mutuel pools occurs when all wagers which are made, both within and outside of Maryland on a specific pari-mutuel pool, are combined for the purpose of determining a payout. For the purpose of this regulation: “Gross pool” means the total monies accumulated in a specific wagering pool before the deduction of the applicable takeout as prescribed by the law in the jurisdiction in which the wagers take place. “Net pool” means the total monies accumulated in a specific wagering pool after the deduction of the applicable takeout as prescribed by the law in the jurisdiction in which the wagers take place. When an association in Maryland is permitted to commingle the wagers made in Maryland on a race in another jurisdiction with the wagers made at the association in the other jurisdiction, and the public is notified that commingling is taking place, the winning wagers shall be paid at the price determined by the odds posted at the association where the live race took place except, once wagering has begun and circumstances prevent the commingling from being accomplished, there shall be a refund of all these wagers made at the Maryland association, if: A public announcement is made by the Maryland association not less than 2 minutes before the post time of the race that commingling cannot be accomplished, when the wager involves only one race; or The wager involves more than one race, and a public announcement is made by the Maryland association that commingling cannot be accomplished: By the off time of the first race of the wager, or Not more than 10 minutes after the finish of the first race of the wager, unless there is a payoff due on a wager as a result of the first race. If a payoff is due under the exception to §C(2)(b) of this regulation, there is no refund and the payoff shall be multiplied by a number which would make the sum of the payoff of all winning wagers on the first race of the pool equal to the net pool on that wager, exclusive of any carryover. An association in Maryland shall request and receive permission from the Commission before entering into a commingling agreement with an entity, or entities, in other jurisdictions. The request shall include the method of commingling to be used, that is, the net pool method or the gross pool method. If the net pool method is employed, the Maryland association shall apply the base payout price to the winning wagers in the Maryland association's pool to determine the payout on these wagers. If the gross pool method of commingling is used, the takeout on wagers placed in Maryland is the same as the takeout used at the association at which the live race takes place. Underpayment or Overpayment. When a payoff is required under §C or D of this regulation, a resulting underpayment or overpayment of the distributable pools shall be accumulated to determine a net overpayment or underpayment. Within 10 days after the end of the calendar year, the association shall report a net underpayment for the year to the Commission, and the association shall add the net underpayment to future distributable pools as directed by the Commission. If there is a net overpayment at the end of the calendar year, it may be carried forward to the succeeding calendar year and shall become a part of the accumulation for that calendar year. When wagers on a race or races are commingled, the regulations in the jurisdiction where the race or races take place shall be used in administering the wager. The Bingo Bet is a type of bet in which betting interests are selected and placed in a total of nine blocks, arranged in three columns with three blocks in each column thereby forming a square. For the columns described under §A of this regulation, the totalisator company shall assign to each block in column: One, the number of a betting interest selected to finish first; Two, the number of a betting interest selected to finish first or second, except that the center block of this column shall be assigned the number of the betting interest that actually finishes first in the race; and Three, the number of a betting interest selected to finish first, second, or third. Repealed. A bettor wishing to participate in this type of bet may: Select a single betting interest to be placed randomly by the totalisator computer in any one block in the bet, except the center block in column two, and allow the totalisator computer to randomly assign the numbers of the betting interests to the other seven blocks in the bet; or Allow the totalisator computer to randomly assign the numbers of the betting interests to all of the blocks, except the center block in column two. A winning combination consists of three contiguous blocks forming a straight line, either diagonally, vertically, or horizontally, containing the betting interests which finished in the position selected, or higher, in accordance with the official order of finish. A single bet may contain as many as eight winning combinations. The totalisator company shall divide the net pool on this type of bet by the total number of winning combinations with the resulting quotient, rounded down to the nearest whole multiple of 10 cents, being the payoff on each winning combination. The payoff on a winning combination, as calculated under §G of this regulation, may not be less than 10 cents. If there is a dead heat for first, second, or third place in a race on which a Bingo Bet is offered, the totalisator company shall consider the numbers assigned to the betting interests involved in the dead heat as finishing in the position for which there was a dead heat. If more than one horse in an entry or field finishes in one or more of the first three positions in the race, the totalisator company shall use one or more of the horses, as necessary, finishing directly after the first three horses until there are three different betting interests to represent the first three positions at the finish of the race for the purposes of this bet. If a betting interest is scratched, excused, or determined by the stewards to be nonstarter, the totalisator company shall substitute the: Actual favorite, as evidenced by the amounts bet in the win pool when betting on the race is closed, for that betting interest; or Favorite with the lowest program number for that betting interest if the amount bet in the win pool is identical on two or more favorites when betting on the race is closed. If fewer than three betting interests in a race offering the Bingo Bet finish the race, the stewards shall order a refund of the entire pool for that bet in that race. If, after considering the other provisions of this regulation, there is no winning selection on the Bingo Bet, the racing association shall carry forward the entire net pool from the Bingo Bet and add it to the net pool of the Bingo Bet on the next race for which it is offered. Definition. In this regulation, the following term has the meaning indicated. Term Defined. Head-to-head wager means a bet in which an individual selects one of two designated horses in a particular race to reach the finish line before the other, regardless of the position in which the other horses finish the race. The association shall designate: Which races a head-to-head wager will be offered; and Which horses in each race are the selections for the head-to-head wager. Races in which a head-to-head wager is offered shall be: Approved by the Commission; and Clearly designated in the program. Horses coupled as a betting entry or horses coupled to constitute a mutual field may not constitute one of the selections in a head-to-head wager. A head-to-head wager is not a parlay and has no connection with, or relation to, any other pari-mutuel pool. A head-to-head wagering pari-mutuel pool shall be considered a regular pari-mutuel pool for the purposes of takeout and the allocation of takeout. Repealed. The entire head-to-head wagering pool shall be refunded if: One of the designated horses is scratched or declared a nonstarter by the stewards; A dead heat occurs between the two horses designated for the head-to-head wager; or Both designated horses fail to finish the race. The rules pertaining to a head-to-head wager shall be: Prominently displayed in the wagering area; and Made available to anyone requesting a copy. The Pick (n) is a type of bet encompassing four or more races, the exact number of races being determined by the number substituted for (n). In Pick (n), a bettor selects a betting interest to finish not lower than the position specified for this bet by the racing association for each of the races comprising the bet. A Pick (n) bet shall be refunded if: For any reason, 50 percent or more of the races scheduled as a part of this bet are cancelled or declared a “no contest”; or No bet qualifies for a payoff under the provisions of §D, E, or F(1) of this regulation, and the provisions of §H of this regulation have not been invoked. If one or more of the races scheduled as part of the Pick (n) bet, but fewer than the number specified under §B(1) of this regulation, are cancelled or declared a “no contest”, the net pool on the Pick (n) bet from that day only shall be distributed, on a pari-mutuel basis, among the bets which contain the most correct selections for the races which were run. Except as provided in §C or D of this regulation, the net pool created under a Pick (n) bet, along with any carryover from previous pools of the same type of bet, shall be distributed on a pari-mutuel basis among bets which contain: All the correct selections; or The most correct selections, if: No bet contains all the correct selections; and The racing association has given prior notice that there will be a mandatory distribution of the carryover. If no bet contains all the correct selections in accordance with §D(1) of this regulation, and §D(2) of this regulation has not been invoked, the net pool created under a Pick (n) bet shall be divided into two pools, where: One pool shall be distributed among those bets which contain the most correct selections; and The other pool shall be carried over to the next program to offer this type of bet. The formula for allocating the net pool among the two pools created under §E of this regulation shall be: Established by the racing association; and Maintained as established, until: A bet contains all the correct selections; or The carryover pool is distributed in accordance with the provisions of §D(2) of this regulation. Assignment of Entire Net Pool. Upon giving prior notice, a racing association may conduct a Pick (n) for which the entire net pool created by this bet may only be distributed to bets which contain all the correct selections. If the racing association elects to employ the provisions of §G(1) of this regulation, the association shall continue to employ these provisions until the pool created by employing these provisions, including the carryover pool, if any, has been distributed. If a dead heat or heats occur involving horses finishing in, or higher than, any of the places for which this bet is offered, a horse in a dead heat shall be considered as finishing in the position for which it dead heated. If there is more than one combination of winning bets, the aggregate dollars bet on the winning combinations shall be used to calculate the will pay without regard to the amount bet on one winning combination in relation to the amount bet on another winning combination. If a betting interest is scratched, excused, or determined by the judges to be a nonstarter: The actual favorite, as evidenced by the amounts bet in the win pool when betting on the race in which the scratched betting interest was to participate is closed, shall be substituted for that betting interest; If the amount bet in the win pool is identical on two or more favorites when betting on the race is closed, the favorite with the lowest program number shall be substituted for the scratched betting interest; or Alternatively, the association may allow patrons the option of selecting an alternate wagering interest to be substituted for the scratched, excused or nonstarter wagering interest instead of the actual favorite as defined above, however, should that alternate selection also be scratched, the patron would then receive the actual favorite as defined above. If one or more of the races comprising the Pick (n) is a turf race and the race is switched from the turf to the main track after the close of wagering for the Pick (n), each selection in that race on a Pick (n) pari-mutuel ticket shall be considered a winning selection. In this regulation, the following terms have the meanings indicated: “Racing association” means the racing association in the State conducting Quad Trifecta wagering. “Net Quad Trifecta pool” means the total amount wagered in the Quad Trifecta pool, except for any carryover generated from previous Quad Trifecta wagering, less the appropriate take-out. “Single price pool” means the method of determining a pay-off price where the aggregate winning tickets are divided into all, or a designated percentage, of the Net Quad Trifecta pool with each winning ticket having the same pay-off price per unit wager. The Quad Trifecta is a type of bet in which a bettor selects three different betting interests to finish first, second, and third, in exact order, in each of four designated races. The four races which comprise the Quad Trifecta: Shall be designated by the racing association; Shall be clearly designated in the program; and May originate from one or more race tracks. The Quad Trifecta pool shall be held entirely separate from all other pools. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on the Quad Trifecta. Quad Trifecta tickets shall be clearly identified to distinguish them from tickets for other types of wagers. Designation and Distribution of Shares—General. Subject to Commission approval, the racing association shall designate a major share of the net Quad Trifecta pool, as described in §H of this regulation, and, in addition, may designate one or more of the following: A principal minor share of the net Quad Trifecta pool, as described in §I of this regulation; and One or more additional minor shares of the net Quad Trifecta pool as described in §J of this regulation. Subject to Commission approval, the racing association shall determine the distribution of the net Quad Trifecta pool by designating: The minimum number of correct selections, or range of selections, of the first three finishers, in exact position, in the Quad Trifecta races which results in a winning bet; and The percentage of the net Quad Trifecta pool for distribution of each of the shares designated by the racing association under §G(1) of this regulation. The racing association shall publish in the program for live racing on which Quad Trifecta wagering is conducted: Each designation made by a racing association under §G(1) of this regulation; and Each determination made by the racing association under §G(2) of this regulation. The racing association may change one or more of its designations or determinations made under either §G(1) or (2) of this regulation. A change under §G(4) of this regulation is not effective until: There has been a mandatory distribution made under §S of this regulation; and There is a publication of the change in the next program for live racing on which Quad Trifecta wagering is conducted. Major Share Distributions. The major share of the net Quad Trifecta pool, plus any Quad Trifecta pool carryover, shall be distributed, as a single price pool, to those bettors who correctly select: The first three finishers, in exact position, in each of the Quad Trifecta races; or A lesser specified number of finishers, in exact position, in each of the Quad Trifecta races. Principal Minor Share Distributions. A principal minor share of the net Quad Trifecta pool, if designated, shall be distributed, as a single price pool, to those bettors who correctly select the greatest number of the first three finishers, in exact position, in each of the Quad Trifecta races, which is less than the number of correct selections qualifying for the major share of the net Quad Trifecta pool. In designating the principal minor share, the racing association may declare a minimum number of correct selections that must be made in order for bettors to be eligible to receive the principal minor share. Additional Minor Share Distributions. One or more additional minor shares of the net Quad Trifecta pool, if designated, shall be distributed, as a single price pool or pools, to those bettors who correctly select the designated number, or range, of the first three finishers, in exact position, in each of the Quad Trifecta races, which is less than the number of correct selections qualifying for the major share of the net Quad Trifecta pool. Qualification for Additional Distributions. Those bettors qualifying for a major share of the net Quad Trifecta pool also qualify for the principal minor share of the net Quad Trifecta pool and the additional minor shares of the net Quad Trifecta pool. Those bettors qualifying for the principal minor share of the net Quad Trifecta pool also qualify for any additional minor shares of the net Quad Trifecta pool that require an equal or fewer number of winning selections as those selected by bettors qualifying for the principal minor share. Those bettors qualifying for one or more minor shares of the net Quad Trifecta pool also qualify for any additional minor shares of the net Quad Trifecta pool that require fewer winning selections. If any of the circumstances described in §K(1), (2), or (3) of this regulation occurs, the unbroken prices for each share shall be summed before rounding the prices for breakage. Example. To win the major share of the net Quad Trifecta pool, the bettor must correctly select the first three finishers, in exact position, in each of the Quad Trifecta races. To win the principal minor share, the bettor must correctly select the greatest number of the first three finishers, in exact position, in each of the Quad Trifecta races that is less than all 12. To win the one additional minor share, the bettor must correctly select at least nine or more of the first three finishers, in exact position, in each of the Quad Trifecta races. $2 of wagers correctly selected all 12 positions. $2 of wagers correctly selected 11 positions. $3 of wagers correctly selected ten positions. $5 of wagers correctly selected nine positions. Using a net Quad Trifecta pool of $132,001, and based on the racing association's designations under §G of this regulation, the major share of the net Quad Trifecta pool is $100,000, designated for correctly selecting all 12 of the first three finishers, in exact order, in each of the Quad Trifecta races. The principal minor share of the net Quad Trifecta pool, designated for correctly selecting the next greatest number of the first three finishers, in exact order, in each of the Quad Trifecta races, is $20,000.40. The one additional minor share of the net Quad Trifecta pool, designated for correctly selecting a range of nine or more of the first three finishers, in exact order, in each of the Quad Trifecta races, is $12,000.60. The major share would be divided among those correctly selecting all 12 of the first three finishers, in exact order, in each of the Quad Trifecta races. The principal minor share would be divided among those correctly selecting 11 and 12 of the first three finishers, in exact order, in each of the Quad Trifecta races. The one additional minor share would be divided among all the wagers correctly selecting nine, ten, 11, and 12 of the first three finishers, in exact order, in each of the Quad Trifecta races. The major share of $100,000 would be divided among the $2 of wagers correctly selecting all 12 of the first three finishers, in exact order, in each of the Quad Trifecta races, yielding an unbroken price of $50,000 per dollar wagered. The principal minor share of $20,000.40 would be divided among the $4 of wagers correctly selecting 11 or more of the first three finishers, in exact order, in each of the Quad Trifecta races, yielding an unbroken price of $5,000.10 per dollar wagered. The one additional minor share of $12,000.60 would be divided among the $12 of wagers correctly selecting nine or more of the first three finishers, in exact order, in each of the Quad Trifecta races, yielding an unbroken price of $1,000.05 per dollar wagered. The sum of $50,000 + $5,000.10 + $1,000.05 = $56,000.15 is the combined unbroken price for correctly choosing all 12 of the first three finishers, in exact order, in each of the Quad Trifecta races. The sum of $5,000.10 + $1,000.05 = $6,000.15 is the combined unbroken price for correctly choosing 11 of the first three finishers, in exact order, in each of the Quad Trifecta races. $1,000.05 is the unbroken price for correctly selecting nine or ten of the first three finishers, in exact order, in each of the Quad Trifecta races. If the rounding for breakage is to the next lower 10 cents, the final broken prices are $56,000.10 for the winners of the major share, $6,000.10 for the winners of the principal minor share, and $1,000 for the winners of the one additional minor share. Except as provided in §§R and S of this regulation: If there are no wagers qualifying for the major share, the major share of the net Quad Trifecta pool shall be carried over and added to the major share of the net Quad Trifecta pool on the next live racing program of the race meeting on which Quad Trifecta wagering is conducted; and If there are no wagers qualifying for a designated minor share, including a designated principal minor share: The minor share of the net Quad Trifecta pool shall be combined with the major share of the net Quad Trifecta pool for distribution as a single price pool to those who qualified for the major share; or If no bettor qualifies for the major share of the net Quad Trifecta pool, the minor share of the net Quad Trifecta pool shall be carried over and added to the major share of the net Quad Trifecta pool on the next live racing program of the race meeting on which Quad Trifecta wagering is conducted. Fields are prohibited in any of the four designated Quad Trifecta races. Coupled Entries. Coupled entries may be permitted in any of the four designated Quad Trifecta races. Horses comprising a coupled entry shall be considered part of a single betting interest for the purposes of price calculations and distribution of the net Quad Trifecta pool. If a horse in a coupled entry is officially withdrawn or scratched, the remaining horse, or horses, in the coupled entry shall remain as a valid betting interest. If all horses in a coupled entry are scratched, the provisions of §Q of this regulation shall apply. Coupled Entries Price Calculations. For the purposes of price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example. If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4, then the finishers used for that race in the Quad Trifecta would be 1 / 2 / 3 / 4. Dead Heats. If a dead heat, or heats, occur in any of the races designated as the Quad Trifecta: A horse in a dead heat shall be considered as finishing in the position for which it dead heated; Any selection in a Quad Trifecta wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection; and Each designated share of the net Quad Trifecta pool that is distributed shall be distributed as a single price pool. Wagering for the Quad Trifecta shall close at the same time that wagering is closed on the first designated race of the Quad Trifecta. Scratches. If an entire betting interest is scratched in a designated race of the Quad Trifecta while wagering on the Quad Trifecta is still open: No more wagers selecting that betting interest may be accepted; and Any bettor who previously placed a Quad Trifecta wager that includes one or more scratched betting interests may cancel their wager and receive a refund until Quad Trifecta betting is closed. After Quad Trifecta wagering is closed: Any betting interest that is scratched in its entirety shall be treated as an incorrect selection; and Other correctly selected finishers in a Quad Trifecta wager shall continue to count toward a bettor's eligibility to win. If, due to a late scratch, the number of betting interests in a race comprising the Quad Trifecta is reduced to fewer than three, the race shall be declared a “no contest”, and the Quad Trifecta pool shall be subject to §R of this regulation. Cancellations. If any of the Quad Trifecta races are cancelled or declared “no contest” at any time before Quad Trifecta wagering is closed, all Quad Trifecta wagers made in connection with the given live racing program on which Quad Trifecta wagering was conducted shall be refunded. If any of the Quad Trifecta races are cancelled or declared “no contest” after Quad Trifecta wagering is closed: For purposes of determining the number of correct selections, each selection made in a Quad Trifecta race that is cancelled or declared “no contest” is deemed an incorrect selection; If, after applying §R(2)(a) of this regulation, it remains possible for a bettor to correctly select the number of the first three finishers, in exact order, to qualify for the major share of the net Quad Trifecta pool as designated by the racing association under §H of this regulation, the Net Quad Trifecta pool, plus the Quad Trifecta pool carryover, shall be distributed according to §§H, I, and J of this regulation; and If, after applying §R(2)(a) of this regulation, it becomes impossible for a bettor to correctly select the number of the first three finishers, in exact order, to qualify for the major share of the net Quad Trifecta pool as designated by the racing association under §H of this regulation: The major share plus the principal minor share of the net Quad Trifecta pool, but not the Quad Trifecta pool carryover, shall be distributed to those who correctly select the greatest number of the first three finishers in their exact positions in each of the remaining Quad Trifecta races; and Winners of a designated additional minor share shall receive the percentage of the net Quad Trifecta pool that is designated for that minor share according to §G of this regulation. If the net Quad Trifecta pool has been designated for distribution in accordance with §S of this regulation, the provisions of §S of this regulation shall apply. Mandatory Distribution. The Quad Trifecta pool carryover may be designated for distribution on a specified date: If it is the closing day of the race meet; If the association declares its intention to do so at least 24 hours before the opening of Quad Trifecta wagering for which there is to be a mandatory distribution; or Upon such other condition the Commission may approve. If the Quad Trifecta pool carryover is designated for a mandatory distribution on a specified date and, on that date, there are no wagers qualifying for the major share, then the following precedence shall be followed in determining winning wagers for the net Quad Trifecta pool and the Quad Trifecta pool carryover: The major share of the net Quad Trifecta pool, the principal minor share of the net Quad Trifecta pool, and the Quad Trifecta pool carryover shall be distributed to those who correctly selected the most finishers, in their exact positions, in the Quad Trifecta races with designated additional minor pools also being awarded; and If there are no wagers which select even one finisher, in its exact position, in the Quad Trifecta races, then all Quad Trifecta wagers shall become winners and share 100 percent of that day's net Quad Trifecta pool and the Quad Trifecta pool carryover. If, for any reason, there is not a mandatory distribution as provided in this section, the Quad Trifecta pool carryover shall be: Deposited in an interest bearing account at a bank located in the State which is approved by the Commission; and With accrued interest, added to the net Quad Trifecta pool of the next race meet held by the racing association. Upon Commission approval, a racing association may offer a guaranteed pay-out on Quad Trifecta wagering by: Announcing the amount of the guaranteed pay-out at least 24 hours before the opening of Quad Trifecta wagering for which there is to be a guaranteed pay-out; and Adding monies to the current Quad Trifecta pool carryover in an amount sufficient to satisfy the guaranteed pay-out. The added monies under §T(2) of this regulation are not subject to take-out. The purchase and acceptance of a Quad Trifecta wager by a bettor shall constitute: An acknowledgment of the correctness of the ticket; and An agreement to be bound by the terms and provisions of this regulation. The sale of a Quad Trifecta wager other than from a pari-mutuel wagering machine, and the resale of a Quad Trifecta ticket from one person to another, is prohibited. Neither a racing association, nor a totalisator company, nor the Commission, nor the State shall be liable to any person for a Quad Trifecta ticket which is not: A winning wager in accordance with the provisions of this regulation; or Delivered, for any reason, including: A mechanical malfunction; An electrical failure; or A machine locking. This regulation shall be displayed prominently in the betting area of the racing association conducting Quad Trifecta wagering. The Super High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Super High Five wagering is offered. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The Super High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Super High Five shall be calculated as an entirely separate pool. Super High Five tickets shall be sold in $1 denominations or greater. Super High Five wagering may be conducted on a race that has at least seven separate wagering interests. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be: Carried over to the next qualifying race offering Super High Five wagering; and Combined with the Super High Five net pool for that race to determine the applicable payout. Distribution. The entire Super High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Super High Five wagering on one race that day. If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order. If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race. If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of all tickets. If, for any reason, there is not a mandatory distribution of the Super High Five carryover as provided in §F of this regulation, the Super High Five carryover shall be: Placed into an interest bearing account as approved by the Commission; and With accrued interest, added to the Super High Five pool of the next race meet held by a racing association where Super High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Super High Five pool carryover was generated. If a dead heat, or heats, occur in a race on which there is Super High Five wagering: A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and Any selection in a Super High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection. In the event of a scratch in a Super High Five race: Exchanges may not be made; and All tickets that include the scratched horse shall be refunded. Coupled entries are permitted, but fields are prohibited in Super High Five races. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4, 5, then the finishers used for that race in the Super High Five would be 1 / 2 / 3 / 4 / 5. Sale. Super High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of tickets from one individual to another is prohibited and is grounds for ejection. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager. A jockey challenge event is one in which the Racing Association: Designates the specific races on a racing program that will comprise the event; Designates those jockeys who are scheduled to ride in each of the races comprising the event; and Assigns a number to each of the jockeys participating in these races. The number of horses scheduled to participate in each race comprising the event shall be the same or greater than the number of jockeys selected by the Association to participate in the event. A racing association conducting a jockey challenge event may offer win and exacta wagering on the event. Points. Points shall be awarded to each betting interest according to the finish of the horses in each race comprising the jockey challenge event as follows: 12 points for a first place finisher; 6 points for a second place finisher; 4 points for a third place finisher; and 3 points for a fourth place finisher. If there is a dead heat for any position in one or more of the races comprising this event, the points for the position dead-heated and subsequent position or positions, as appropriate, shall be aggregated and then allocated proportionately for the horses involved in the dead heat. If a horse is scratched or declared a nonstarter in the race and the selected jockey is not reassigned amount, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start of that race will be substituted for the non-starting selection. If the rider is reassigned a mount due to a scratch, any points earned in accordance with the scale described in §D(1) of this Regulation by the re-assigned mount shall be credited to the jockey's point score. If a jockey fails to a ride a horse to which the jockey has been assigned for any reason other than a scratch or that horse being declared a “non-starter,” and the jockey is not reassigned to another mount in that same race, points shall be awarded based upon the finish of the horse to which the jockey originally was assigned. Cancellation of Races—“No Race”. If a race in the jockey challenge event is cancelled or declared “No Race”, the winners shall be determined by the points awarded in the remaining races comprising the jockey challenge event. If two or more of the races comprising the jockey challenge event are cancelled or declared “No Race”, the entire jockey challenge event pool shall be refunded. After the last race of the jockey challenge event, the points earned by each of the participating jockeys shall be totaled and the betting interest with the: Highest number of points shall be considered to have finished first; and Second highest number of points shall be considered to have finished second. Ties. Any ties for the places determined under §F of this regulation shall be considered dead heats. Payout prices for ties determined under §F of this regulation shall be calculated as prescribed in Regulation .70G of this chapter. The Pick (n) Jackpot is a type of bet encompassing five or more races, the exact number of races being determined by the number substituted for (n), where, unless otherwise provided, only one, unique ticket holder designates the official winners in each of the Pick (n) Jackpot races. Except as provided in §G of this regulation, the net pari-mutuel pool for the Pick (n) Jackpot bet that day, together with any carryover from previous pools of the same type of bet, shall be distributed to the holder of the one, unique pari-mutuel ticket which correctly designates the official winners in each of the Pick (n) Jackpot races for that day. In the event there is more than one pari-mutuel ticket which correctly designates the official winners in each of the Pick (n) Jackpot races for that day, the net pari-mutuel pool for the Pick (n) Jackpot bets that day shall be distributed: 60 percent, equally, to the holders of pari-mutuel tickets which correctly designate the official winners in each of the Pick (n) Jackpot races for that day; and 40 percent to the Pick (n) Jackpot carryover pool. In the event there is no pari-mutuel ticket which correctly designates the official winners in each of the Pick (n) Jackpot races for that day, the net pari-mutuel pool for the Pick (n) Jackpot bets that day shall be distributed: 60 percent, equally, to the holders of pari-mutuel tickets which correctly designate the most official winners in each of the Pick (n) Jackpot races for that day; and 40 percent to the Pick (n) Jackpot carryover pool. If one or more of the races scheduled as part of the Pick (n) Jackpot bet, but less than 50 percent of the races scheduled as part of this bet, are cancelled or declared a “no contest”: The net pari-mutuel pool for the Pick (n) Jackpot bets that day shall be distributed, equally, to the holders of pari-mutuel tickets which correctly designate the most official winners in the races that were run; and There shall be no carryover from that net pool. A Pick (n) Jackpot bet shall be refunded if: For any reason, 50 percent or more of the races scheduled as a part of this bet are cancelled or declared a “no contest”; or No bet selects any winner in the Pick (n) Jackpot races. Mandatory Distribution. The Pick (n) Jackpot carryover pool may be designated for mandatory distribution on a specified date: If it is the closing day of the race meet; If the association declares its intention to do so at least 72 hours before the opening of Pick (n) Jackpot wagering for which there is to be a mandatory distribution; or Upon such other condition the Commission may approve. If the Pick (n) Jackpot carryover pool is designated for a mandatory distribution on a specified date and, on that date, there is no unique winning ticket holder under §B of this regulation, then the following precedence shall be followed in determining winning wagers for the mandatory distribution of both the net Pick (n) Jackpot pool for that day and the Pick (n) Jackpot carryover pool: Equally to holders of pari-mutuel tickets which correctly designate all of the official winners in each of the Pick (n) Jackpot races; If there are no pari-mutuel tickets which correctly select all of the official winners in each of the Pick (n) Jackpot races, equally to the holders of pari-mutuel tickets which correctly designate the most official winners in each of the Pick (n) Jackpot races for that day; and If there are no pari-mutuel tickets which correctly select even one winner in the Pick (n) Jackpot races for that day, then all Pick (n) Jackpot wagers shall become winners and share 100 percent of that day’s net Pick (n) Jackpot pool, together with the Pick (n) Jackpot carryover pool. If, for any reason, there is not a mandatory distribution as provided in this section, the Pick (n) Jackpot carryover pool shall be: Deposited in an interest bearing account at a bank located in the State this is approved by the Commission; With accrued interest, added to the net Pick (n) Jackpot pool of the next race meet held by the racing association or an affiliated racing association; and Distributed as a mandatory distribution on the next occasion Pick (n) Jackpot wagering is offered by the racing association or an affiliated racing association. Races Moved from Turf to Main Track. If one or more of the races comprising the Pick (n) Jackpot is moved from the turf to the main track after the close of wagering for the Pick (n) Jackpot, each selection on a Pick (n) Jackpot ticket for that race shall be considered a winning selection. If there is a dead heat for win in any of the Pick (n) Jackpot races, each horse in the dead heat shall be deemed to have won the race. If a betting interest is scratched, excused, or determined by the judges to be a nonstarter: The actual favorite, as evidenced by the amounts bet in the win pool when betting on the race in which the scratched betting interest was to participate is closed, shall be substituted for that betting interest; If the amount bet in the win pool is identical on two or more favorites when betting on the race is closed, the favorite with the lowest program number shall be substituted for the scratched betting interest; or Alternatively, the association may allow patrons the option of selecting an alternate wagering interest to be substituted for the scratched, excused or nonstarter wagering interest instead of the actual favorite as defined above, however, should that alternate selection also be scratched, the patron would then receive the actual favorite as defined above. Coupled entries shall be permitted in races designated for Pick (n) Jackpot wagering. The purchase and acceptance of a Pick (n) Jackpot wager by a bettor shall constitute: An acknowledgment of the correctness of the ticket; and An agreement to be bound by the terms and provisions of this regulation. The sale of a Pick (n) Jackpot wager other than from a pari-mutuel wagering machine, and the re-sale of a Pick (n) Jackpot ticket from one person to another, is prohibited. Neither a racing association, nor a totalizator company, nor the Commission, nor the State shall be liable to any person for a Pick (n) Jackpot ticket which is not: A winning wager in accordance with the provisions of this regulation; or Delivered, for any reason, including: A mechanical malfunction; An electrical failure; or A machine locking. This regulation shall be displayed prominently in the betting area of the racing association conducting Pick (n) Jackpot wagering. The Roulette Wager shall be held as a separate pool in every race in which it is offered. It is a single-price pool that requires the selection of the designated group that includes the betting interest member that is the first-place finisher for a single contest. For each race in which this wager is offered: The association shall designate each betting interest as a member of one of three clearly named groups: Red. Black, or Green; The pool shall be distributed as a single-price pool to those correctly selecting the group that includes the betting interest member that finished in first place in that contest; and The association shall, before betting is open, provide to the public, in an easily accessible manner, the identity of the members of Groups Red, Black, and Green. The information will be available in the program and on graphics displays. The payout for a winning Roulette Wager shall be the same regardless of which betting interest member of the group is the firstplace finisher. The probable and actual payoff for a winning bet on Groups Red, Black, and Green shall be displayed in a similar manner as the probable and actual payout for a standard win pool bet. In the event that all of the betting interest members of any group are scratched or declared nonstarters, betting on the Group shall immediately stop and all Roulette Wagers made on the race shall be refunded. In the event of a dead heat for first in a race which includes two or more betting interest members: Of the same group, the pool shall be distributed in the same manner as if a no dead heat occurred; Of two different groups, the pool shall be distributed as a place pool; or If there is a triple dead heat with three different groups, the pool shall be distributed as a show pool. If the calculation or distribution of the pool cannot be determined, the entire pool shall be refunded. The wager will only take place on a race with a minimum sixhorse field. The wager shall be a $2 minimum bet. The takeout may not exceed the amount permitted under Business Regulation Article, §11-514, Annotated Code of Maryland. The Future Wager requires selection of the first-place finisher in a specified contest. The association shall apply in writing to the Commission for approval to offer the Future Wager on the specified contest and may not offer the wager until Commission approval has been granted. The written application shall include the date and time for the pool to be opened and closed, a description of the system for compiling the pool and calculating odds and payout prices, and the time interval for displaying the odds. The association or, in the case of interjurisdictional common pool wagering, the Host track shall name the contestants included in each betting interest on which future wagers may be made and shall assign a program number to each betting interest. For purposes of clarity, the foregoing permits the association to offer the type of wager described in this section on a race which is conducted at a racetrack in a different jurisdiction than the association with such jurisdictional racetrack’s permission. The amount wagered on the betting interest which finishes first in the specified race is deducted from the net pool, the balance remaining being the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit per dollar wagered in the Future Pool on that betting interest. The net Future Pool shall be distributed as a single price pool to winning wagers in the following precedence, based upon the official order of finish: To those whose selection finished first; but if there are no such wagers, then To those whose selection finished second; but if there are no such wagers, then To those whose selection finished third; but if there are no such wagers, then The entire pool shall be refunded on Future Pool wagers for that contest. If there is a dead heat for first involving: Contestants representing the same betting interest, the Future Pool shall be distributed as if no dead heat occurred; or Contestants representing two or more betting interests, the Future Pool shall be distributed as a profit split. No refund shall be issued for Future Wager pool wagers on betting interests that do not start or finish the race. If the association becomes aware or is notified that a betting interest is ineligible or unable to start the race and the pool is still open, the association shall immediately close betting on that betting interest. The entire Future Wager pool shall be refunded if: The situation described at §E(4) of this regulation occurs; The specified race is declared no contest by the/stewards having jurisdiction over the specified race; The specified race does not occur; or For whatever reason, the Future Wager pool cannot be determined and the payout price cannot be calculated. The Jackpot Super High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Jackpot Super High Five wagering is offered, where, unless otherwise provided, only one, unique pari-mutuel ticket holder designates the official order of finish for the first five horses. Payment of the ticket shall be made only to the purchaser of the single, unique pari-mutuel ticket who has selected the same order of finish as officially posted. The Jackpot Super High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Jackpot Super High Five shall be calculated as an entirely separate pool. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on the Jackpot Super High Five tickets. Jackpot Super High Five wagering may be conducted on a race that has at least seven separate wagering interest. Except as provided in §H of this regulation, the net pari-mutuel pool for the Jackpot Super High Five bet on a qualifying race that day, together with any carryover from previous pools of the same type of bet, shall be distributed to the holder of the single, unique pari­mutuel ticket which correctly designates the official order of finish for the first five horses in the Jackpot Super High Five wager for that race on that day. In the event there is more than one pari-mutuel ticket which correctly designates the official order of finish for the first five horses in the Jackpot Super High Five bet for that race on that day, the net pari-mutuel pool for the Jackpot Super High Five bets that day shall be distributed: 50 percent, equally, to the holders of pari-mutuel tickets which correctly designate the official order of finish for the first five horses in the Jackpot Super High Five bet for that race on that day; and 50 percent to the Jackpot Super High Five carryover pool. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be: Carried over to the next qualifying race offering Jackpot Super High Five wagering; and Combined with the Jackpot Super High Five net pool for that race to determine the applicable payout. Mandatory Distribution. The entire Jackpot Super High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Jackpot Super High Five wagering on a qualifying race that day. If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order. If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race. If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of all tickets. If, for any reason, there is not a mandatory distribution of the Jackpot Super High Five carryover as provided in §H of this regulation, the Jackpot Super High Five carryover shall be: Placed into an interest bearing account as approved by the Commission; and With accrued interest, added to the Jackpot Super High Five pool of the next race meet held by a racing association where Jackpot Super High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Jackpot Super High Five pool carryover was generated. If fewer than five betting interests finish and the contest is declared official, payoffs will be made based on the order of finish of those betting interests completing the contest. The balance of any selection on any ticket beyond the number of betting interests completing the contest shall be ignored. Any previous Jackpot Super High Five contest’s carryover will not be included in the payoff and will be retained for the next contest’s carryover. If a dead heat, or heats, occur in a race on which there is Jackpot Super High Five wagering: A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and Any selection in a Jackpot Super High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection. In the event of a scratch in a Jackpot Super High Five race: Exchanges may not be made; and All tickets that include the scratched horse shall be refunded. Coupled entries are permitted, but fields are prohibited in Jackpot Super High Five races. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4, 5, then the finishers used for that race in the Super High Five would be 1 / 2 / 3 / 4 / 5. Sale. Jackpot Super High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of tickets from one individual to another is prohibited and is grounds for ejection. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager. Business Regulation Article, §11-210, Annotated Code of Maryland Effective date: All rules were in effect as of 7/1/70, except as noted below: Regulation .01A amended effective October 16, 1989 (16:20 Md. R. 2180) Regulation .01B amended effective December 12, 1980 (7:25 Md. R. 2336) Regulation .01C adopted effective July 27, 1987 (14:15 Md. R. 1659) Regulation .03E: 8/3/72 Regulation .03H-1 adopted effective May 19, 1986 (13:10 Md. R. 1155) Regulation .03I: 7/6/71 Regulation .03N amended as an emergency provision effective November 17, 1981 (8:25 Md. R. 1992) Regulation .03N amended effective March 29, 1982 (9:6 Md. R. 614) Regulation .03R amended effective July 27, 1987 (14:15 Md. R. 1659) Regulation .03W repealed effective July 20, 1981 (8:14 Md. R. 1227) Regulation .03AA: 7/8/71 Regulation .03BB adopted as an emergency provision effective January 23, 1990 (17:3 Md. R. 294); emergency status expired March 31, 1990; adopted permanently effective June 11, 1990 (17:11 Md. R. 1341); recodified to Regulation .03AA Regulation .07 amended as an emergency provision effective December 18, 1984 (12:1 Md. R. 13); emergency status expired April 9, 1985 (Emergency provisions are temporary and not printed in COMAR) Regulation .07A amended effective March 6, 1989 (16:4 Md. R. 495) Regulation .07N amended as an emergency provision effective August 18, 1986 (13:17 Md. R. 1920); emergency status expired September 5, 1986; amended permanently effective October 20, 1986 (13:21 Md. R. 2320); October 18, 1987 (14:19 Md. R. 2060); October 16, 1989 (16:20 Md. R. 2180) Regulation .07N-1 adopted effective October 18, 1987 (14:19 Md. R. 2060) Regulation .07S and V repealed effective October 19, 1987 (14:21 Md. R. 2222) Regulation .07U: 9/1/73 (amended) Regulation .07Z: 7/21/76 (3:11 Md. R. 595) Regulation .07AA: 6/22/72 Regulation .07BB adopted effective January 1, 1978 (4:26 Md. R. 2023) Regulation .07 amended effective April 22, 1985 (12:8 Md. R. 802) Regulation .07M amended effective February 16, 2026 (53:3 Md. R. 121) Regulation .08K repealed effective April 22, 1985 (12:8 Md. R. 802) Regulation .09A: 1/29/71 Regulation .09B amended 7/21/76 (3:15 Md. R. 790) Regulation .10F adopted effective 3/30/77 (4:7 Md. R. 579) (adopted as COMAR 09.10.10.02) Regulation .11A amended effective 3/23/77 (4:7 Md. R. 579); October 16, 1989 (16:20 Md. R. 2180) Regulation .11B amended as an emergency provision effective October 18, 1982 (9:23 Md. R. 2254); text recodified from Regulation .14 to .11 and emergency status extended at 10:2 Md. R. 103, 10:12 Md. R. 1069, and 10:17 Md. R. 1520; adopted permanently effective December 19, 1983 (10:25 Md. R. 2267) Regulation .11B amended effective May 21, 1984 (11:10 Md. R. 862); December 17, 1984 (11:25 Md. R. 2132); August 26, 1985 (12:17 Md. R. 1704); March 6, 1989 (16:4 Md. R. 495); October 16, 1989 (16:20 Md. R. 2180); June 11, 1990 (17:11 Md. R. 1342) Regulation .11D: 4/16/75 (2:28 Md. R. 564); amended effective 9/23/77 (4:19 Md. R. 1467 and 6/15/79 (6:12 Md. R. 1047); amended as an emergency provision at 6:26 Md. R. 2070; emergency status changed at 7:2 Md. R. 111 and 7:7 Md. R. 704; adopted permanently effective August 22, 1980 (7:17 Md. R. 1670); amended effective May 2, 1980 (7:9 Md. R. 847) Regulation .11D adopted as an emergency provision effective June 26, 1985 (12:15 Md. R. 1508); emergency status extended at 12:22 Md. R. 2100 (Emergency provisions are temporary and not printed in COMAR) Regulation .11D adopted effective January 27, 1986 (13:2 Md. R. 136) Regulation .11F adopted effective June 11, 1990 (17:11 Md. R. 1342) Regulation .11G amended effective 6/15/79 (6:12 Md. R. 1047); amended as an emergency provision effective September 5, 1980 (7:18 Md. R. 1732); amended permanently effective December 26, 1980 (7:26 Md. R. 2420) Regulation .11K amended 7/21/76 (3:15 Md. R. 790) Regulation .11 amended effective January 17, 1983 (10:1 Md. R. 28) Regulation .11 amended under Regulation .14 as an emergency provision effective October 18, 1982 (9:23 Md. R. 2254); emergency status extended at 10:2 Md. R. 103 (Emergency provisions are temporary and not printed in COMAR) Regulation .13A—C: 8/11/73 (amended) Regulation .13 amended effective October 6, 1978 (5:20 Md. R. 1499) Regulation .14: 1/73; amended as an emergency provision at 7:2 Md. R. 111; emergency status changed at 7:7 Md. R. 704 (Emergency provisions are temporary and not printed in COMAR); amended effective August 22, 1980 (7:17 Md. R. 1670) Regulation .14 repealed effective January 17, 1983 (10:1 Md. R. 28) Regulation .16A amended effective July 27, 1987 (14:15 Md. R. 1659) Regulation .16B amended 7/21/76 (3:15 Md. R. 790) Regulation .17G(2)—(4): 8/11/73 Regulation .17G amended as an emergency provision effective November 12, 1986 (13:24 Md. R. 2553); emergency status expired November 30, 1986 (Emergency provisions are temporary and not printed in COMAR) Regulation .17G amended effective March 6, 1989 (16:4 Md. R. 496); October 16, 1989 (16:20 Md. R. 2180) Regulation .17H amended effective October 16, 1989 (16:20 Md. R. 2180) Regulation .17N: 9/9/74 (1:1 Md. R. 16) Regulation .17R, BB, VV amended 7/21/76 (3:15 Md. R. 790) Regulation .17BB amended effective March 6, 1989 (16:4 Md. R. 496) Regulation .17OO: September 9, 1974 (1:1 Md. R. 17) Regulation .17XX amended effective December 11, 2023 (50:24 Md. R. 1041) Regulation .17YY amended effective March 29, 1982 (9:6 Md. R. 614) Regulation .17ZZ adopted effective June 18, 1984 (11:12 Md. R. 1062) Regulation .17ZZ amended effective March 6, 1989 (16:4 Md. R. 496) Regulation .19C, D amended effective May 20, 1985 (12:10 Md. R. 960) Regulation .20A amended effective March 6, 1989 (16:4 Md. R. 496); October 16, 1989 (16:20 Md. R. 2180) Regulation .20C: 8/14/71; amended effective April 21, 1978 (5:8 Md. R. 594) Regulation .21J(2): 8/14/71 Regulation .21R: 8/14/71 Regulation .22L adopted effective January 1, 1978 (4:26 Md. R. 2023) Regulation .22M adopted effective February 22, 1988 (15:4 Md. R. 471) Regulation .23A: 8/11/73 Regulation .23A amended 9/9/74 (1:1 Md. R. 16) Regulation .23K: 8/11/73 Regulation .25B amended effective 6/15/79 (6:12 Md. R. 1047) Regulation .25D: 1/1/73; amended 8/11/73 Regulation .26A amended effective 3/30/77 (4:7 Md. R. 579); March 6, 1989 (16:4 Md. R. 496); October 16, 1989 (16:20 Md. R. 2180) Regulation .26B amended 7/21/76 (3:15 Md. R. 790) Regulation .26C: 8/14/71 Regulation .28A amended effective 6/15/79 (6:12 Md. R. 1047) Regulation .28D—E: 8/11/73 Regulation .28F—H: 7/1/76 Regulation .28F amended effective October 25, 1982 (9:21 Md. R. 2105); October 1, 1987 (14:19 Md. R. 2060) Regulation .28G repealed effective October 25, 1982 (9:21 Md. R. 2105) Regulation .29O—P amended effective July 20, 1981 (8:14 Md. R. 1227) Regulation .30 repealed effective October 25, 1982 (9:21 Md. R. 2105) Regulation .30 adopted effective October 16, 1989 (16:20 Md. R. 2180) Regulation .36B repealed effective 3/30/77 (4:7 Md. R. 579) Regulation .38 amended effective July 10, 1989 (16:13 Md. R. 1420) Regulation .42B amended effective May 19, 1986 (13:10 Md. R. 1155) Regulation .42D repealed effective May 19, 1986 (13:10 Md. R. 1155) Regulation .44 amended effective February 22, 1988 (15:4 Md. R. 471) Regulation .45T-1 adopted effective May 19, 1986 (13:10 Md. R. 1155) Regulation .45V: 7/22/70; amended effective 6/15/79 (6:12 Md. R. 1048); June 12, 1981 (8:12 Md. R. 1061); August 1, 1983 (10:15 Md. R. 1349) Regulation .45AA amended 7/21/76 (3:15 Md. R. 790) Regulation .45KK adopted effective 3/30/77 (4:7 Md. R. 579) (adopted as COMAR 09.10.44.13-1) Regulation .46: 2/1/74 Regulation .47K: 1/22/70; amended 9/9/74 (1:1 Md. R. 17) Regulation .49A amended effective April 22, 1985 (12:8 Md. R. 802); May 16, 1988 (15:10 Md. R. 1201) Regulation .49C amended effective May 16, 1988 (15:10 Md. R. 1201) Regulation .49E amended as an emergency provision effective July 1, 1979 (6:13 Md. R. 1121); adopted permanently effective October 19, 1979 (6:21 Md. R. 1707) Regulation .49E amended effective March 29, 1982 (9:6 Md. R. 614); September 26, 1983 (10:19 Md. R. 1690); February 11, 1985 (12:3 Md. R. 244); September 21, 1986 (13:19 Md. R. 2120); May 16, 1988 (15:10 Md. R. 1201); December 11, 1989 (16:24 Md. R. 2619) Regulation .49F amended as an emergency provision effective August 8, 1979 (6:17 Md. R. 1389); adopted permanently effective November 30, 1979 (6:24 Md. R. 1919) Regulation .49F amended effective May 24, 1982 (9:10 Md. R. 1019); January 17, 1983 (10:1 Md. R. 28); September 26, 1983 (10:19 Md. R. 1690); September 21, 1986 (13:19 Md. R. 2120); May 16, 1988 (15:10 Md. R. 1201); December 11, 1989 (16:24 Md. R. 2619) Regulation .49G amended as an emergency provision effective July1, 1979 (6:13 Md. R. 1121); adopted permanently effective October 19, 1979 (6:21 Md. R. 1707) Regulation .49G amended effective September 21, 1986 (13:19 Md. R. 2120); May 16, 1988 (15:10 Md. R. 1201) Regulation .49H adopted effective October 20, 1986 (13:21 Md. R. 2320) Regulation .52 amended effective June 15, 1979 (6:12 Md. R. 1048); November 18, 1985 (12:23 Md. R. 2215) Regulation .53B adopted effective January 1, 1978 (4:26 Md. R. 2023); amended effective May 16, 1988 (15:10 Md. R. 1201) Regulation .54C amended effective October 16, 1989 (16:20 Md. R. 2180) Regulation .56 repealed effective July 10, 1989 (16:13 Md. R. 1420) Regulation .57A amended effective July 21, 1976 (3:15 Md. R. 790); February 23, 1987 (14:4 Md. R. 416) Regulation .57H amended effective July 13, 1986 (13:14 Md. R. 1632) Regulation .57P amended effective July 13, 1986 (13:14 Md. R. 1632) Regulation .57W adopted effective June 16, 1978 (5:12 Md. R. 966) Regulation .57X adopted effective April 9, 1984 (11:7 Md. R. 623) Regulation .57Y adopted effective April 9, 1984 (11:7 Md. R. 623) Regulation .57Z adopted effective April 22, 1985 (12:8 Md. R. 802) Regulation .59: 7/21/76 (3:15 Md. R. 790) Regulation .61 amended effective April 9, 1984 (11:7 Md. R. 623) Regulation .64 amended effective December 15, 1986 (13:25 Md. R. 2657) Regulation .65 adopted effective October 29, 1975 (2:24 Md. R. 1481); amended effective July 21, 1976 (3:15 Md. R. 790); April 22, 1985 (12:8 Md. R. 802) Regulation .66F amended effective December 30, 1985 (12:26 Md. R. 2543) Regulation .66N repealed effective June 18, 1984 (11:12 Md. R. 1062) Regulation .66P, Q amended effective June 18, 1984 (11:12 Md. R. 1062) Regulation .66JJ amended effective 3/30/77 (4:7 Md. R. 579) Regulation .67C amended effective May 4, 1987 (14:9 Md. R. 1079) Regulation .71 amended effective 9/23/74 (1:1 Md. R. 16) Regulation .71C amended as an emergency provision effective March 9, 1978 (5:6 Md. R. 463); adopted permanently effective July 14, 1978 (5:14 Md. R. 1136) Regulation .71I amended effective April 9, 1984 (11:7 Md. R. 623) Regulation .71K adopted effective April 22, 1985 (12:8 Md. R. 802) Regulation .73 adopted effective November 14, 1980 (7:23 Md. R. 2165) Regulation .73 amended as an emergency provision effective June 11, 1984 (11:13 Md. R. 1168); emergency status extended to November 5, 1984 (11:19 Md. R. 1665); adopted permanently effective October 22, 1984 (11:21 Md. R. 1811) Regulation .74 adopted as an emergency provision effective October 1, 1985 (12:22 Md. R. 2100); emergency status expired January 31, 1986; adopted permanently effective July 13, 1986 (13:14 Md. R. 1632) Regulation .75 adopted as an emergency provision effective October 1, 1986 (13:22 Md. R. 2392); emergency status expired December 31, 1986; adopted permanently effective July 27, 1987 (14:15 Md. R. 1659) Regulation .76 adopted effective July 27, 1987 (14:15 Md. R. 1659) Regulation .76F amended effective May 29, 1989 (16:10 Md. R. 1105) Regulation .76G amended effective May 29, 1989 (16:10 Md. R. 1105) Regulation .77 adopted as an emergency provision effective February 20, 1987 (14:6 Md. R. 710); emergency status expired August 21, 1987; adopted permanently effective January 14, 1988 (15:1 Md. R. 18) Regulation .78 adopted as an emergency provision effective March 4, 1988 (15:7 Md. R. 848); emergency status expired September 1, 1988 (Emergency provisions are temporary and are not printed in COMAR) Regulation .78 adopted effective September 19, 1988 (15:19 Md. R. 2246) Chapter revised effective August 6, 1990 (17:15 Md. R. 1857) Regulation .01 amended and recodified to Regulations .01—.03 effective January 14, 1999 (26:1 Md. R. 23) Regulations .02—.06 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .03R, AA amended effective October 1, 1992 (19:18 Md. R. 1655) Regulation .04 adopted effective October 25, 2004 (31:21 Md. R. 1544) Regulation .04 repealed effective April 24, 2017 (44:8 Md. R. 401) Regulation .07 amended effective April 11, 1994 (21:7 Md. R. 520); April 21, 2008 (35:8 Md. R. 804) Regulation .07 amended as an emergency provision effective May 17, 2007 (34:12 Md. R. 1066); emergency status expired November 13, 2007; amended permanently effective January 14, 2008 (35:1 Md. R. 17) Regulation .07 amended as an emergency provision effective April 4, 2013 (40:9 Md. R. 788); amended permanently effective July 22, 2013 (40:14 Md. R. 1173) Regulation .07A-1 amended effective April 24, 2017 (44:8 Md. R. 401); August 9, 2021 (48:16 Md. R. 631) Regulation .07B amended effective January 6, 1992 (18:26 Md. R. 2829); May 17, 1999 (26:10 Md. R. 797); April 23, 2018 (45:8 Md. R. 419) Regulation .07D amended effective November 20, 1994 (21:23 Md. R. 1932); April 24, 2017 (44:8 Md. R. 401); January 1, 2024 (50:24 Md. R. 1041) Regulation .07H amended as an emergency provision effective December 1, 2013 (40:26 Md. R. 2161); amended permanently effective March 17, 2014 (41:5 Md. R. 342) Regulation .07H amended as an emergency provision effective September 2, 2014 (41:18 Md. R. 1007); amended permanently effective November 24, 2014 (41:23 Md. R. 1371) Regulation .07H-1 adopted as an emergency provision effective December 1, 2013 (40:26 Md. R. 2161); adopted permanently effective March 17, 2014 (41:5 Md. R. 342) Regulation .07H-2 adopted as an emergency provision effective September 2, 2014 (41:18 Md. R. 1007); adopted permanently effective November 24, 2014 (41:23 Md. R. 1371) Regulation .07H-2 amended as an emergency provision effective February 1, 2021 (48:4 Md. R. 175); amended permanently effective April 19, 2021 (48:8 Md. R. 308) Regulation .07M amended effective October 9, 1995 (22:20 Md. R. 1542) Regulation .07M amended as an emergency provision effective September 2, 1997 (24:19 Md. R. 1335); emergency status expired December 1, 1997; amended permanently effective January 12, 1998 (25:1 Md. R. 15) Regulation .07N amended as an emergency provision effective July 23, 1992 (19:16 Md. R. 1466); emergency status extended at 20:2 Md. R. 108; adopted permanently effective March 15, 1993 (20:5 Md. R. 513) Regulation .08 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .10 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .10G adopted effective January 7, 1991 (17:26 Md. R. 2974) Regulation .10G amended effective October 1, 1992 (19:18 Md. R. 1655) Regulation .10H adopted effective March 16, 1992 (19:5 Md. R. 575) Regulation .11A amended effective July 6, 1992 (19:13 Md. R. 1202) Regulation .11B amended as an emergency provision effective September 23, 1991 (18:21 Md. R. 2300) (Emergency provisions are temporary and not printed in COMAR) Regulation .11B amended effective October 14, 1991 (18:20 Md. R. 2198) Regulation .11D amended effective April 12, 1993 (20:7 Md. R. 641) Regulation .11F amended as an emergency provision effective February 15, 1991 (18:5 Md. R. 590); amended permanently effective July 8, 1991 (18:13 Md. R. 1481) Regulation .11B(12) amended and recodified to Regulation .11G effective March 16, 1992 (19:5 Md. R. 575) Regulation .11 repealed effective January 2, 1994 (20:26 Md. R. 2025) Regulation .12 amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .13 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .14 adopted effective February 18, 1991 (18:3 Md. R. 303) Regulation .15 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .15-1 adopted effective January 2, 1994 (20:26 Md. R. 2026) Regulation .16 amended effective October 30, 2000 (27:21 Md. R. 1974) Regulation .17 amended effective August 6, 1990 (17:15 Md. R. 1858); April 24, 2017 (44:8 Md. R. 401) Regulation .17 amended as an emergency provision effective February 1, 2020 (47:4 Md. R. 260); amended permanently effective May 18, 2020 (47:10 Md. R. 515) Regulation .17H repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .17H adopted effective February 23, 2009 (36:4 Md. R. 353) Regulation .17H amended as an emergency provision effective September 9, 2009 (36:21 Md. R. 1587); amended permanently effective January 25, 2010 (37:2 Md. R. 67) Regulation .17H-1 adopted effective February 1, 2016 (43:2 Md. R. 127) Regulation .17H-1 repealed effective November 19, 2018 (45:23 Md. R. 1070) Regulation .17H-1 adopted as an emergency provision effective June 1, 2021 (48:13 Md. R. 507); adopted permanently effective September 20, 2021 (49:18 Md. R. 802) Regulation .17V amended effective October 12, 1992 (19:20 Md. R. 1813) Regulation .17Z amended effective November 19, 2018 (45:23 Md. R. 1070) Regulation .17AA amended as an emergency provision effective June 1, 2000 (27:13 Md. R. 1209); amended permanently effective November 27, 2000 (27:23 Md. R. 2146) Regulation .17XX amended effective January 1, 2024 (50:24 Md. R. 1041) Regulation .17YY amended effective January 28, 2008 (35:2 Md. R. 127) Regulation .18A amended effective August 23, 2010 (37:17 Md. R. 1185) Regulation .19 amended effective April 10, 1995 (22:7 Md. R. 535) Regulation .20B amended effective April 1, 2020 (47:6 Md. R. 341) Regulation .20-1 adopted effective July 6, 1992 (19:13 Md. R. 1202) Regulation .20-1 amended effective December 21, 1992 (19:25 Md. R. 2204); April 28, 2003 (30:8 Md. R. 539) Regulation .20-1H adopted effective October 24, 1994 (21:21 Md. R. 1813) Regulation .21 amended effective March 15, 1993 (20:5 Md. R. 513); June 16, 1997 (24:12 Md. R. 864) Regulation .21K amended effective July 29, 1996 (23:15 Md. R. 1087) Regulation .21O amended effective January 2, 1994 (20:26 Md. R. 2026) Regulation .21R adopted effective February 23, 1998 (25:4 Md. R. 242) Regulation .21-1 adopted effective January 2, 1994 (20:26 Md. R. 2026) Regulation .22 amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .22B, K amended effective November 27, 2000 (27:23 Md. R. 2146) Regulation .23 amended as an emergency provision effective March 12, 1992 (19:7 Md. R. 741); emergency status expired August 28, 1992 (Emergency provisions are temporary and not published in COMAR) Regulation .23 amended effective March 15, 1993 (20:5 Md. R. 513); April 24, 2017 (44:8 Md. R. 401) Regulation .23A amended effective September 14, 1992 (19:18 Md. R. 1655); July 29, 2019 (46:15 Md. R. 654) Regulation .23A-1 amended effective September 14, 1992 (19:18 Md. R. 1655); December 16, 1996 (23:25 Md. R. 1784) Regulation .25 amended effective April 10, 1995 (22:7 Md. R. 535); October 20, 1997 (24:21 Md. R. 1448); January 1, 2017 (43:21 Md. R. 1165) Regulation .25A amended effective January 1, 1992 (18:25 Md. R. 2749); July 6, 1992 (19:13 Md. R. 1202); January 1, 1996 (22:10 Md. R. 705) Regulation .25A-1 amended effective January 1, 1992 (18:25 Md. R. 2749) Regulation .26 amended as an emergency provision effective August 25, 1990 (17:19 Md. R. 2318); emergency status expired September 3, 1990; adopted permanently effective October 29, 1990 (17:21 Md. R. 2527) Regulation .26 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .28 amended effective November 12, 1990 (17:22 Md. R. 2654); March 22, 1999 (26:6 Md. R. 484); April 1, 2020 (47:6 Md. R. 341) Regulation .28F amended as an emergency provision effective July 29, 2002 (29:17 Md. R. 1375); amended permanently effective September 30, 2002 (29:19 Md. R. 1523) Regulation .28F amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 14, 2012 (39:9 Md. R. 611) Regulation .28F amended effective November 19, 2018 (45:23 Md. R. 1070) Regulation .29O amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .30A amended effective October 1, 1992 (19:18 Md. R. 1655) Regulation .31 amended effective April 28, 2003 (30:8 Md. R. 539): July 21, 2014 (41:14 Md. R. 798) Regulation .33 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .35 amended effective August 6, 1990 (17:15 Md. R. 1858); April 10, 1995 (22:7 Md. R. 535) Regulation .35L amended effective July 8, 1991 (18:13 Md. R. 1481) Regulation .36 amended effective March 22, 1999 (26:6 Md. R. 484); April 24, 2017 (44:8 Md. R. 401) Regulation .36A amended effective August 11, 2008 (35:16 Md. R. 1390) Regulation .37 amended effective March 22, 1999 (26:6 Md. R. 484) Regulation .37 repealed effective April 24, 2017 (44:8 Md. R. 401) Regulation .41 amended effective August 11, 2008 (35:16 Md. R. 1390) Regulation .42 repealed and new Regulation .42 adopted effective March 22, 1999 (26:6 Md. R. 484) Regulation .44 amended effective August 15, 1994 (21:16 Md. R. 1382) Regulation .45V amended effective February 4, 1991 (18:2 Md. R. 148); March 16, 1992 (19:5 Md. R. 575); April 10, 1995 (22:7 Md. R. 535) Regulation .45Y amended effective August 16, 1993 (20:16 Md. R. 1277) Regulation .45AA amended effective November 23, 1992 (19:23 Md. R. 2039); August 14, 1995 (22:16 Md. R. 1220) Regulation .46 repealed effective March 22, 1999 (26:6 Md. R. 484) Regulation .48 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .49E amended effective September 17, 1990 (17:18 Md. R. 2200); October 15, 1990 (17:20 Md. R. 2424); April 13, 1992 (19:7 Md. R. 745) Regulation .49F amended effective October 15, 1990 (17:20 Md. R. 2424); April 13, 1992 (19:7 Md. R. 745) Regulation .49H amended effective December 23, 1991 (18:25 Md. R. 2750) Regulation .49 repealed and new Regulation .49 adopted effective February 13, 1995 (22:13 Md. R. 152) Regulation .49 amended effective July 29, 1996 (23:15 Md. R. 1087); August 15, 2005 (32:16 Md. R. 1392); January 10, 2012 (38:23 Md. R. 1420) Regulation .49A amended effective December 9, 2004 (31:24 Md. R. 1725) Regulation .49E amended effective March 25, 1996 (23:6 Md. R. 474) Regulation .49F amended effective January 1, 2015 (41:23 Md. R. 1371) Regulation .49G, I amended as an emergency provision effective April 17, 2009 (36:14 Md. R. 983); amended permanently effective September 21, 2009 (36:19 Md. R. 1436) Regulation .49G, H, I amended as an emergency provision effective September 19, 2013 (40:20 Md. R. 1649); emergency status expired Regulation .49G amended as an emergency provision effective January 1, 2014 (40:26 Md. R. 2161); amended permanently effective April 14, 2014 (41:7 Md. R. 421) Regulation .49G amended effective January 1, 2015 (41:23 Md. R. 1371) Regulation .49H, I, K amended as an emergency provision effective April 29, 2014 (41:11 Md. R. 604); amended permanently effective June 23, 2014 (41:12 Md. R. 667) Regulation .49P adopted effective May 5, 1997 (24:9 Md. R. 656) Regulation .50 amended effective November 12, 1990 (17:22 Md. R. 2655); October 21, 1996 (23:21 Md. R. 1466) Regulation .51 amended effective January 16, 1995 (22:1 Md. R. 19); June 19, 1995 (22:12 Md. R. 900) Regulation .52 repealed effective June 1, 1998 (25:11 Md. R. 820) Regulation .52C amended effective October 1, 1992 (19:18 Md. R. 1655) Regulation .53 amended effective December 8, 2005 (32:24 Md. R. 1904) Regulation .54 repealed effective April 24, 2017 (44:8 Md. R. 401) Regulation .57 amended effective November 12, 1990 (17:22 Md. R. 2655); July 21, 1995 (22:15 Md. R. 1119) Regulation .57A amended effective December 9, 2004 (31:24 Md. R. 1725) Regulation .57A-2 adopted effective July 6, 1992 (19:13 Md. R. 1202) Regulation .57B-1 adopted effective December 28, 2020 (47:26 Md. R. 1107) Regulation .58 amended effective January 2, 1994 (20:26 Md. R. 2026) Regulation .58A amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .59 amended effective January 2, 1994 (20:26 Md. R. 2026) Regulation .59D amended effective January 14, 2010 (37:1 Md. R. 14) Regulations .61—.63 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .64 amended as an emergency provision effective January 1, 2013 (40:1 Md. R. 16); emergency status extended to June 30, 2013 (40:4 Md. R. 343); amended permanently effective April 15, 2013 (40:7 Md. R. 610) Regulation .64 repealed and new Regulation .64 adopted effective April 22, 2019 (46:8 Md. R. 401) Regulation .65 repealed effective April 10, 1995 (22:7 Md. R. 535) Regulation .66F amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1361); amended permanently effective July 31, 2006 (33:15 Md. R. 1279) Regulation .66M—O amended effective February 15, 1993 (20:3 Md. R. 258) Regulation .66Q amended effective March 16, 1992 (19:5 Md. R. 575) Regulation .66DD adopted effective May 22, 1995 (22:10 Md. R. 706) Regulation .66DD amended effective January 1, 1996 (22:26 Md. R. 2029) Regulation .67A amended effective August 6, 1990 (17:15 Md. R. 1858) Regulation .67B and C amended effective February 17, 1992 (19:3 Md. R. 303) Regulation .71H amended and H-1 adopted as an emergency provision effective May 1, 1992 (19:8 Md. R. 799); adopted permanently effective September 14, 1992 (19:18 Md. R. 1656) Regulation .71K repealed effective February 13, 1995 (22:3 Md. R. 152) Regulation .72 repealed effective March 22, 1999 (26:6 Md. R. 484) Regulation .73 amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1361); amended permanently effective July 31, 2006 (33:15 Md. R. 1279) Regulation .73N adopted as an emergency provision effective September 12, 1992 (19:19 Md. R. 1701); emergency status expired October 4, 1992 (Emergency provisions are temporary and not printed in COMAR) Regulation .74B amended effective October 9, 2006 (33:20 Md. R. 1615) Regulation .74E and P amended effective March 16, 1992 (19:5 Md. R. 575) Regulation .74K amended as an emergency provision effective September 17, 1992 (19:20 Md. R. 1811); amended permanently effective January 18, 1993 (20:1 Md. R. 26) Regulation .74Q amended and Q-1 adopted as an emergency provision effective May 1, 1992 (19:8 Md. R. 799); adopted permanently effective September 14, 1992 (19:18 Md. R. 1656) Regulation .75C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .76 amended as an emergency provision effective May 15, 2003 (30:12 Md. R. 785); emergency status expired November 15, 2003; amended permanently effective December 22, 2003 (30:25 Md. R. 1845) Regulation .76 amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1361); amended permanently effective July 31, 2006 (33:15 Md. R. 1279) Regulation .76H amended effective May 22, 1995 (22:10 Md. R. 706) Regulation .76I amended effective October 24, 1994 (21:21 Md. R. 1813) Regulation .77B amended effective October 1, 1992 (19:18 Md. R. 1655) Regulation .78 adopted as an emergency provision effective May 27, 1991 (18:12 Md. R. 1312); adopted permanently effective September 16, 1991 (18:18 Md. R. 2003) (Adopted as Regulation .79; recodified to Regulation .78) Regulation .78 amended effective March 20, 2000 (27:5 Md. R. 583) Regulation .78C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .78K amended as an emergency provision effective October 23, 1991 (18:19 Md. R. 2094) (Amended as Regulation .79K; recodified to Regulation .78K); emergency status expired October 31, 1991; amended permanently effective March 16, 1992 (19:5 Md. R. 575) Regulation .78K amended effective November 20, 1995 (22:23 Md. R. 1801) Regulation .79 adopted as an emergency provision effective September 29, 1990 (17:17 Md. R. 2076); emergency status expired September 30, 1990 Regulation .79 adopted as an emergency provision effective October 30, 1991 (18:21 Md. R. 2300) (Adopted as Regulation .80; recodified to Regulation .79); adopted permanently effective March 16, 1992 (19:5 Md. R. 576) Regulation .80 adopted as an emergency provision effective February 15, 1992 (19:4 Md. R. 466) (Adopted as Regulation .80-1; recodified as Regulation .80); adopted permanently effective July 20, 1992 (19:14 Md. R. 1283) Regulation .80I repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .81 adopted as an emergency provision effective October 30, 1991 (18:21 Md. R. 2300); adopted permanently effective March 16, 1992 (19:5 Md. R. 576) Regulation .81 amended as an emergency provision effective April 15, 1993 (20:9 Md. R. 777); amended permanently effective August 16, 1993 (20:16 Md. R. 1277) Regulation .82 adopted effective February 23, 1998 (25:4 Md. R. 242) Regulation .82C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .83 adopted as an emergency provision effective April 15, 2003 (30:8 Md. R. 538); emergency status expired October 15, 2003; amended permanently effective December 22, 2003 (30:25 Md. R. 1845) Regulation .83G repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .84 adopted as an emergency provision effective January 1, 2004 (30:23 Md. R. 1650); adopted permanently effective March 29, 2004 (31:6 Md. R. 508) Regulation 84 amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1362); amended permanently effective July 31, 2006 (33:15 Md. R. 1279) Regulation .84J amended effective September 19, 2022 (49:19 Md. R. 867) Regulation .85 adopted effective May 8, 2006 (33:9 Md. R. 796) Regulation .86 adopted as an emergency provision effective April 18, 2009 (36:10 Md. R. 713); adopted permanently effective September 21, 2009 (36:19 Md. R. 1436) Regulation .86F amended effective May 2, 2022 (49:9 Md. R. 530) Regulation .87 adopted effective May 3, 2010 (37:9 Md. R. 673) Regulation .88 adopted as an emergency provision effective April 6, 2012 (39:9 Md. R. 610); adopted permanently effective August 20, 2012 (39:16 Md. R. 1080) Regulation .88F, H amended effective November 19, 2018 (45:23 Md. R. 1070) Regulation .88J amended effective September 19, 2022 (49:19 Md. R. 867) Regulation .89 adopted as an emergency provision effective May 1, 2019 (46:9 Md. R. 444); adopted permanently effective July 29, 2019 (46:15 Md. R. 654) Regulation .90 adopted effective October 21, 2019 (46:21 Md. R. 894) Regulation .91 adopted effective April 19, 2021 (48:8 Md. R. 308) Regulation .91H amended effective May 2, 2022 (49:9 Md. R. 530) Annotation: COMAR 09.10.01.03O is cited in Attorney General Opinion No. 81-018 (July 16, 1981) which found that the Thoroughbred Racing Board of the Maryland Racing Commission has the authority to require that all purses won by horsemen be maintained by a racing association in a special interest-bearing account until paid to the horsemen and that the Board may provide for the use and disposition of the interest earned on these accounts, to some extent. Annotation: COMAR 09.10.01.78 cited in Attorney General Opinion No. 87-033 (August 4, 1987) The Rules and Regulations portion of the “Charter, By-Laws Rules and Regulations of the United States Trotting Association 2005” is incorporated by reference into these rules, but where there is conflict or inconsistency with the numbered Maryland Harness Racing Rules which follow in this chapter, the provisions of the numbered Maryland Harness Racing Rules shall prevail. The rules shall govern harness racing and those licensed for harness racing at all meetings in the State which are licensed by the Commission. In this chapter, the following terms have the meanings indicated. Terms Defined. “Betting pool” means the accumulated total of all bets of the same type on the same race, or, if the type of bet encompasses more than one race, on the same races. “Breakage” means the remainder of the distributable pool after the will pay is calculated to the lowest multiple of 10 cents. “Carry over” means a net pool, or any portion of it, which is purposefully not distributed and which is to be added to the net pool on the same type of bet whenever that bet next occurs. “Common pool” means the merging of a betting pool at the live site with the same betting pool at locations other than the live site. “Dead heat” means that the noses of two or more horses reached the finish line at the end of a race at the same time. “Distributable pool” means the net pool minus the dollar total of the successful bets. “Entry” means two or more horses grouped as a single betting interest because of the commonality of ownership or the commonality of a trainer. “Established minimum bet” means the smallest dollar amount required to place a particular type of bet which is established by a racing association or regulation. “Exacta” (“Perfecta”) means a type of bet in which the bettor selects two different betting interests to finish first and second in that exact order. “Field” means two or more horses grouped as a single betting interest because the number of separate betting interests in a race exceeds the maximum number of separate betting interests capable of being displayed on the totalisator board. “Live ticket” means a validly issued pari-mutuel ticket on an event which: Has not been run; or As a result of the event having been run, has had a value ascribed to the ticket, and the time period for the ticket's redemption has not expired. “Minimum pay” means a will pay in the amount of $1.05 per $1 bet. “Minus pool” means the amount by which the total minimum pay for all successful bets exceeds the distributable pool. “Net common pool” means the merging of a net pool at the live site with the same net pool at locations other than the live site. “Net pool” means the betting pool minus the takeout. “Official” means the purposeful posting of the final order of finish in a race by the judges or stewards. “Pari-mutuel betting” means the system of betting in which those who successfully bet on horses that finish in specified positions in an event proportionately share the net pool in which they participated. “Place” means a type of bet in which the bettor selects a betting interest to finish second or better. “Quad” means a type of bet in which the bettor selects four different betting interests to finish first, second, third, and fourth in that exact order. “Quinella” means a type of bet in which the bettor selects two different betting interests to finish first and second in either order. “Refund” means the amount bet that is deducted from the betting pool and returned to the bettor for cause. “Show” means a type of bet in which the bettor selects a betting interest to finish third or better. “Takeout” means the amount authorized by law to be deducted from a betting pool before its distribution to the winning bettors. “Triple” (“Trifecta”) means a type of bet in which the bettor selects three different betting interests to finish first, second, and third in that exact order. “Will pay” means the calculated value of a successful bet at the established minimum. “Win” means a type of bet in which the bettor selects a betting interest to finish first. Except as provided in Regulation .15F of this chapter, an individual associated with a horse in a race may bet on any horse in the race. The following persons may claim: An individual that the Commission licenses as an owner; An entity that has established its qualifications to claim by filing an application for licensure as an owner and has been approved by the judges to claim; and An authorized agent of a qualified owner. A person seeking to effect a false claim by inducing another to claim a horse for him is subject to the penalties provided by §E of this regulation. In claiming races, any horse is subject to being claimed for its entered price, except by the owner of the horse, and owners having the same trainer are not allowed to claim any horse in that trainer's custody. A valid claim shall be: In writing; Enclosed in a sealed envelope; and Deposited in a locked box provided for this purpose by the clerk of the course at least 10 minutes before the post time for the race in which a horse to be claimed is to participate. If a horse is claimed: It may be entered in a race at a claiming price determined by its new owner; A right, title, or interest in it may not be sold or transferred except in a claiming race for a period of 30 days following the date of the claim; and It may not be raced outside of the State until one of the following occurs: If the horse was claimed from a race that took place at: Rosecroft, 60 days expire from the date of the claim, Ocean Downs, 30 days expire from the date of the claim; or The meet at which the horse was claimed ends. The judges may void a claim and impose any other penalty authorized by these regulations for a violation of the claiming rules. Claiming Conditions. Conditions and allowances in claiming races may be based on any criteria established by the racing secretary. Maiden claiming races shall be restricted to horses that are younger than 6 years old. Optional claiming races may be carded for horses of any age. A claim shall be voided if a horse is a starter and the horse: Dies on the racetrack; or Suffers an injury which requires the euthanasia of the horse, as determined by a State veterinarian, while the horse is on the racetrack. A claim is voidable at the sole discretion of the new owner, for a period of up to 1 hour after the race is made official, for any horse that: Is vanned off the track after the race at the discretion of the State Veterinarian; or Is sent to the detention barn and observed to be lame by the State Veterinarian. A horse may not be withdrawn from a race after having been declared in, except by permission from the presiding judge representing the Maryland Racing Commission. Before allowing the withdrawal of any horse or horses, the presiding judge shall cause him to be examined by the veterinarian of the Commission, who shall report to the presiding judge. If a horse fails to start without having received permission to withdraw, the horse may be suspended together with the owner and trainer and the case may be referred to the Racing Commission for disposition. The Commission may expel, suspend, and fine, in an amount not exceeding $500, the owner and trainer of the horse, and may continue the suspension of the horse. Every horse whose starting is obligatory is expected to run the course, except that the judges may order the withdrawal of a horse at any time up to the actual start of a race to protect the public interest. An individual may not drive in a race unless licensed to do so by the Commission. An individual may not be granted a license to drive under any name other than the individual's legal name. A horse may not appear upon the track within 1 hour preceding post time of the first event of the day unless the driver of the horse is dressed in colors. A driver wearing colors may not: Leave the paddock, except to drive, until all of the driver's engagements are fulfilled and the colors removed; Enter the public areas of the racetrack without the permission of the judges; and Partake of intoxicating beverages or controlled dangerous substances. A driver wearing colors but not competing in a particular race may view the race from the stand as provided under Regulation .16 of this chapter. The driver of a horse in a race: Shall endeavor to win; Shall drive the horse in a manner to achieve the best possible position at the end of the race; Shall set or maintain a pace comparable to the class in which the driver is racing and violates this provision by: Going an excessively slow quarter, or any other distance, that changes the normal pattern, overall timing, or general outcome of the race, or Failing to react to the pace; May not drive the horse in a careless or indifferent manner; May not drive the horse in an inconsistent manner compared to an established pattern of prior performances; May not drive a horse so as to perpetuate or aid in a fraud; and May not bet on the race, except: To win on the horse the driver is scheduled to drive, and Through the owner or trainer of that horse. A driver under a contract of employment may not drive for a person other than the driver's employer in a race where a horse is entered which is: Owned or trained by the driver's employer; In the same stable as that of the driver's employer; or Under the same management as that of the driver's employer. A driver shall wear an approved helmet with the chin strap fastened while driving in a race. An approved helmet under §H of this regulation is one that is manufactured in accordance with the: 1984 Standard for Protective Headgear (Snell Memorial Foundation); Laboratory Procedure for Motorcycle Helmet Testing (Federal Motor Vehicle Safety Standard No. 218, U.S. Department of Transportation); or Specification for Headgear Used in Horse Sports and Horseback Riding (ASTM Standard F085.53, Draft #4, 1986). Each association licensed to conduct pari-mutuel betting shall provide a stand, located convenient to the gate through which horses enter the track at the beginning of a heat or race, for drivers who are not competing in a particular heat or race and who are wearing colors, to view the races. A horse which is eligible for a race at the time of its entry may not have its eligibility affected by a ruling on itself or another horse regarding a disqualification in a prior race that is issued on or after the day of the race for which the horse is entered. The closing of entries is determined by the racing secretary. The racing secretary shall check the eligibility of all horses drawn in to race and verify the horses' eligibility with the presiding judge. Additions to the entries may not be made after entries are closed. All entries or declarations shall be made by the owner or trainer or the registered agent of the owner. All information called for by the declaration or entry application or blank shall be supplied. The racing secretary shall refuse all applications, declarations, or entries which are not fully completed, and promptly notify the owner or trainer or agent of the reasons for the refusal. The racing secretary shall verify the accuracy of the name of the owner, the trainer, and the driver as set forth in the declaration or entry. Preference. Preference shall be given in all overnight events according to a horse's last previous purse race during the current year. Horses of equal preference should be chosen for the race by draw. The preference date on a horse that has drawn to race and been scratched is the date of the race from which the horse was scratched. When a horse is racing for the first time in the current year, the date of the first declaration shall be considered its last race date, and preference applied accordingly, provided, however, that when an overnight race has been reopened because it did not fill, all eligible horses declared in to the race before the reopening shall receive preference over horses subsequently declared, irrespective of the actual preference dates. This rule relating to preference is not applicable to any meeting at which an agricultural fair is in progress. All horses granted stalls and eligible shall be given an opportunity to compete at these meetings. When the starters in a race include two or more horses owned or trained by the same person, or trained in the same stable or by the same management, they shall be coupled as an “entry” where pari-mutuel wagering is conducted and a wager on one horse in the “entry” shall be a wager on all horses in the “entry.” However, when a trainer enters two or more horses in a stake, early closing, futurity, free-for-all, or other special event under bona fide separate ownerships, the horses may, at the request of the association and with the approval of the Commission, be permitted to race as separate betting entries. If the race is split in two or more divisions, horses in an “entry” shall be seeded in separate divisions insofar as possible, but the divisions in which they compete and their post positions shall be drawn by lot. The above provisions shall also apply to elimination heats. When a nominator starts two or more horses, the judges shall approve or disapprove the second and third drivers. If any violation is committed by a person driving a horse coupled as an entry in the betting, the judges may set both horses back, if, in their opinion, the violation may have affected the finish of the race. Otherwise, penalties may be applied individually to the drivers of an entry. In an early closing event, if less horses are declared in than are required to start, the horse or horses properly declared in and on the grounds ready to race shall equally share all of the entrance money and forfeits from each horse named. A horse may not be qualified to start in any race unless its owner, trainer-driver, driver, colors, etc., have been duly licensed by the Commission. Except as otherwise permitted in §B of this regulation, a horse may not be permitted to race unless fully identified by its: Color; Markings; Unusual conformation, if any; and Registration number issued by a governing body of the breed as indicated by a: Freeze brand on the horse's neck, or Lip tattoo. The judges may allow a horse to start one time if a horse has not been freeze branded or lip tattooed provided that arrangements are made, before the race in which the horse is permitted to start, to have the horse freeze branded or lip tattooed. The following persons are required to take out a license from, or register with, the Commission: Licenses: Trainer; Owner; Driver; Farrier; Pari-mutuel employee; Stable employee; Track employee; Veterinarian; Vendor; Track manager. Registrations: Authorized agent; Corporate or stable name. License and Registration Expiration. A license or registration issued under §A(1)(a)—(c) or §A(2) of this regulation shall expire on December 31 of the final year for which it was issued. A license issued under §A(1)(d)—(j) of this regulation shall expire on June 30 of each year. In all overnight events, the number of starters in any race shall be limited to the number agreed upon by the Association and the horsemen's organization, and approved by the Commission. If more than the agreed upon and approved number of horses are declared in to start under the conditions, all of the entry blanks shall be placed in a box and the presiding judge, or an associate judge designated by him, shall draw out the number of entry blanks and the number so drawn shall constitute the field eligible to start. In addition to the number so drawn, the presiding judge, or an associate judge designated by him, shall draw out of the box two additional entries or declarations, and the two so drawn shall be also eligible in the event of a scratch or withdrawal of one or two of the eight drawn originally to start. If only one eligible is needed to fill, the judges shall then determine, by drawing, the one eligible to start. An also eligible permitted to start shall be assigned an outside post position. When more horses are declared in a race than are allowed to start, those horses failing to be allowed to start shall be given preferential rights to start on a succeeding day in the next race scheduled for the same class of horses, as provided in Regulation .17B of this chapter. A horse may not be added to a race as an also eligible unless the horse was drawn as such at the time the declaration closed. In stakes events, the number of starters shall be limited to 13. If there are more than 13 entries, then the race shall be divided. Tier starting in entries of more than eight shall be permitted with eight horses in the first tier, and the remainder in the second. The tier positions shall be determined by the post positions as drawn by the judges. Position of horses at the post shall be determined in public by lot under the direction of and in a manner prescribed by the judges, at the close of the entries. Horses shall take their positions at the post in the order in which their names have been drawn by lot; but vicious and unruly horses may be placed on the outside by the starter if, by so doing, a better start may be obtained. A horse may not be excused from the parade or introduction, and each horse shall parade in the order of his post position unless excused by the judges. Each competing horse shall be equipped with numbers of style, type, and design approved by the Commission or its representatives. Numbers shall be so arranged that coupled entries may be distinguished as such and also horses coupled in the field as such. For each day of live racing during a race meeting, the officials on duty shall be: One presiding judge and two associate judges; Commission veterinarians; Two patrol judges; One program director; One clerk of the course; One starter; An official timer; A paddock judge; A racing secretary and handicapper; A licensed charter; and An identifier. Subject to the approval of the presiding judge, an individual may perform more than one of the functions listed under §A(3)—(11) of this regulation. Identifier. It shall be the duty of the identifier to check the identification of all horses coming into the paddock in accordance with Regulation .18 of this chapter and to report any discrepancy immediately to the paddock judge, who shall report the matter immediately to the presiding judge. The presiding judge shall be the senior official at all race meetings and shall supervise the conduct of the racing and shall at all times have access to all parts of the course, plant, and grounds. The judges under §A(1) of this regulation may not. It shall be the duty of all the judges to enforce the rules and regulations of the Commission and the rules and regulations of the United States Trotting Association, and they shall have the power of expulsion, suspension, or fine as provided in the rules and regulations. Any official designated by the Commission or by an association may be removed by the Commission in its discretion. In any emergency due to the incapacity or absence of any judge, the other judges at the meeting may appoint a substitute judge to serve in his place, pending a new designation by the Commission. Duties. The judges shall have general supervision over racing and over owners, trainers, drivers, grooms, and other persons licensed by the Commission and also over all other officials of the meeting. The judges shall have the power to punish, for a violation of these regulations, a person subject to their control either by: Suspension of the privilege of attending the races during the meeting; Suspension from acting or driving for a period not exceeding 90 days; Fine not exceeding $2,500; or Fine and suspension. If they consider necessary any further punishment or additional fine, they shall so report to the Maryland Racing Commission. In determining the penalty to be imposed, the judges shall consider the: Seriousness of the violation; Harm caused by the violation; Good faith or lack of good faith of the licensee; and Licensing history of the licensee. When there are occurrences in violation of the rules of racing at a meeting that has terminated that do not come to the attention of the judges until the meeting has closed, it shall be their duty to investigate and report their findings to the Commission. The decision of a majority of the judges on any question shall prevail. The associate judges, if and when directed by the presiding judge, shall be at the office building on the grounds of the association where the race meeting is being held not later than the specified scratch time, or at such other times as he may direct, to conduct hearings and to perform any other duties that may be imposed upon them by the Rules of Racing. The clerk of the course shall be in the judges' stand at least 15 minutes before post time of the first race and shall remain until after the last race, unless excused by the presiding judge. Announcers shall be in the announcer's stand not later than 15 minutes before the first live race of the day in order to announce any changes to the printed information on the program as these changes are received and to make other announcements as directed by the presiding judge. Owner's License. Except as provided by §A(2), of this regulation, an owner may not be allowed to start any horse under the jurisdiction of the Commission, until the owner has obtained from the Commission an owner's license. This license shall be applied for annually and will be issued for 1 year in the full name of the owner. The license may be revoked, for cause, by the Commission, or in the discretion of the Commission, may be suspended for cause for any period of time. Before issuance of a license, an owner may be required to satisfy the Commission of his financial responsibility. An owner shall maintain his financial responsibility so long as he is licensed by the Commission. The judges, in their discretion, may allow an owner to race a horse one time while awaiting the receipt of his owner's license. An owner who so races but does not complete his application for a license and pay the appropriate fee within 30 days shall be precluded from further racing in this State until his application is filed, and license fee paid. Purse money or prizes may not be distributed to an owner until he has received an owner's license from the Commission. Multiple Ownership. Forms of multiple ownership shall be duly licensed by the Commission before being allowed to start a horse. For the purposes of this section, “entity” means a form of multiple ownership. The license application of the entity shall be accompanied by the relevant documents governing the formation of the entity which shall contain, among other things, the following: The name, address, social security number, and date of birth of each person having an interest in the entity; The relative proportions of those interests in §B(2)(a), of this regulation; To whom the winnings are payable; In whose name the horse or horses owned by the entity shall run; The name of the person designated to act as agent for the entity in all racing matters; The names of the horse or horses owned by the entity; The terms of any contingency, lease, or other arrangement. A copy of the documents shall be attached to the registration certificate of any horses owned by the entity. A person holding an interest of 5 percent or more in an entity is considered to hold a beneficial interest and shall obtain an owner's license. “Beneficial interest” includes all direct and indirect forms of ownership or control, or both, voting power, or investment power, held through any contract, lien, lease, partnership, stockholding, syndication, joint venture, understanding, relationship (including family relationship), present or reversionary right, title, or interest, or otherwise. A person holding a beneficial interest in an entity shall disclose to the Commission, at the time of licensing and at the track not later than the time of entry, any beneficial interests which that person holds in any horses. Officers, directors, general partners, managers, and authorized agents of an entity shall obtain an owner's license. Each entity shall designate in writing the person authorized to act as agent for the entity in all racing matters. This person shall obtain an owner's license and represent more than 50 percent of the financial interests in the entity, and shall be subject to the rules governing an authorized agent. The Commission shall be notified in writing by the entity of any change in the person designated as its agent. An agent for an entity may not assume the responsibilities of the trainer unless that person is the trainer. The Commission may deny, suspend, or revoke the license of an entity in which a beneficial interest is held by a person who is or would be ineligible to be licensed as an owner in any respect. Changes either in the structure of the entity or in the individuals holding any interest in the entity shall be immediately disclosed to the Commission in writing. Horses owned by the entity shall race in the name of the entity, the stable name of the entity, or the name of the agent designated to act for the entity with the designation “et al” following the agent's name. The Commission shall review the ownership of each horse entered to race and ensure that each registration or eligibility certificate is properly endorsed by the transferor to the entity. The Commission may determine, for racing purposes, the validity of all liens, transfers, and agreements pertaining to ownership of a horse and may call for adequate evidence of ownership at any time. The Commission may declare ineligible to race any horse whose ownership is in question. Coupled Horses. Horses trained by the same trainer may be uncoupled, at the request of the racing association, and with the approval of the Commission, be permitted to race as separate wagering interests. If a race is split into two or more divisions, horses trained by the same trainer shall be seeded in separate divisions if possible, but the divisions in which they compete and the post position shall be determined by lot. If more than one horse entered in a race has “Commonality of Ownership”, meaning that at least 25 percent of each horse is owned by the same person, entity or entities, the race secretary shall designate which horse has preference to draw into the race without excluding a single entry. A trainer may not enter two horses to the exclusion of a single entry. A person involved in a multiple ownership entity may lease, subject to the provisions of COMAR 09.10.04.22, the person's interest in the entity to another person in the multiple ownership entity. Disqualification of a husband or wife from having a license applies equally to both. Individuals, other than officials and Commission employees whose duties require their presence in the paddock, shall be denied access to the paddock except for: Individuals authorized by the judges to enter the paddock; and Licensed individuals associated with a horse required to be in the paddock, such as a: Driver, Groom, Owner, Trainer, and Veterinarian. Horses. A horse scheduled to race shall be in the paddock the earlier of the following: The time required by the presiding judge; or 1 hour before the post time of the race in which the horse is to compete. A horse that is in the paddock according to §B(1) of this regulation may not leave except to: Exercise on the racetrack on which the race is to be contested; or Participate in the race for which the horse was entered. A horse shall be accompanied by the horse's trainer or another licensed trainer designated by the horse's trainer at all times during the horse's stay in the paddock. All partnerships shall be registered so as to set forth the name and address of every person having any interest in a horse, the relative proportions of these interests, and the terms of any sales with contingencies, lease, or arrangement. The registration shall be signed by all the parties or by their authorized agents. Each partner shall be jointly or severally liable for all arrears. All statements of partnerships, of sales with contingencies or arrangements, shall declare to whom winnings are payable, in whose name the horse shall run and with whom rests the power of entry or of declaration. In cases of emergency, authority to sign declarations of partnership may be given by a telegram promptly confirmed in writing. The part owner of any horse cannot assign his share or any part of it without the written consent of the other partners. Purses for all races run on State tracks shall be for an amount approved by the Maryland Racing Commission. Any purse or reward affected by an appeal and withheld by order of the judges pending disposition of the appeal shall be retained by the racing association holding the meeting, and placed in an interest-bearing escrow account which shall be distributed, together with interest earned on the escrow account, upon final disposition of the appeal. Purse money may not be distributed or used for claiming purposes sooner than 72 hours from the racing of the event in which the purse was earned, and it may not be withheld without cause for more than an additional 48 hours after that. A copy of all information recorded in the judge's book and furnished to the United States Trotting Association shall be forwarded to the office of the Commission, signed by the officials of the meeting, immediately upon the conclusion of each day's racing. The judges shall make reports in writing to the Racing Commission of all infractions of the rules and of all rulings of the judges upon matters coming before them during each day. Copies thereof shall be mailed to each member of the Commission. Before the first heat or race at any meeting is contested, the officials and drivers shall meet at a time and place designated by the presiding judge, at which time the rules and regulations shall be discussed and all drivers' licenses shall be examined by the starter. Every driver shall be notified of the time and place of the meeting. A driver who shall, after notice, fail to attend the meeting may not be permitted to drive until he shall have met with the officials of the meeting by appointment thereafter at their convenience, and may be fined in a sum not to exceed $100. All horses shall race from the paddock and shall be in the paddock 60 minutes before off-time of the first heat or race in which they are scheduled to start, and, if racing more than one heat or race, shall return to the paddock after each heat or race until the final heat or race in which the horses are scheduled to start has been completed. The judges shall ring a bell or otherwise notify the paddock 15 minutes before the off-time announced for the heat or race, which shall be notice to all parties to prepare for the heat or race. All horses shall parade from the paddock upon the track and before the grandstand not later than 8 minutes before off-time. A horse or driver not on the track 8 minutes before off-time ready to parade shall be fined not exceeding $100 and his horse may be ruled out by the judges and considered withdrawn at their discretion. In all stakes and matches, failure to appear constitutes a forfeit. At the conclusion of each heat or race, every driver shall return in the sulky to be dismissed by the patrol judge stationed at the wire. A driver may not dismount or leave the track until permission to do so has been granted by the patrol judge. A driver desiring to enter a claim of foul or other complaint of violation of the rules shall, before dismounting, indicate to the patrol judge his desire to enter the claim or complaint and forthwith shall proceed to the paddock and telephone the judges' stand, where and when the claim of foul or other complaint of violation of the rules shall be immediately entered. A complaint may not be considered unless made to the judges in the manner provided in these regulations. The judges may not cause the official sign to be displayed until the claim of foul or other complaint of violation of the rules has been entered and considered. In the event of an accident occurring in the course of a heat or race, the cause shall be investigated by the judges immediately at the conclusion of the heat or race. A driver or drivers may be called to the telephone for the purpose of the investigation. The judges may not cause the official sign to be displayed until an investigation is made. All heats or races shall be started from a starting gate or starting device or a design approved by the Commission. If racing pursuant to license is conducted at night, the post time for the first race shall be set by the association conducting the meeting, the time to be approved by the Commission. If, due to inclement weather, track conditions, power failure, or any other cause, the post time of the first race must be delayed, the post time of the first race may not be later than 8:45 p.m. The post time of the last heat or race may not be later than 11:59 p.m., unless permission is granted by the Maryland Racing Commission. Driving Rules. Although a leading horse is entitled to any part of the track, except after selecting a position in the home stretch, the driver of the first horse or any other driver in the race may not do any of the following things, which are considered violations of driving rules: Change either to the right or left during any part of the race when another horse is so near the driver that in altering his position the driver compels the horse behind the driver to shorten his stride, or causes the driver of the other horse to pull him out of his stride; Jostle, strike, hook wheels, or interfere with another horse or driver; Cross sharply in front of a horse or cross over in front of a field of horses in a reckless manner, endangering other drivers; Swerve in and out or pull up quickly; Crowd a horse or driver by “putting a wheel under him”; Carry a horse out; Sit down in front of a horse or take up abruptly in front of other horses so as to cause confusion or interference among trailing horses; Let a horse pass inside needlessly, or otherwise help another horse improve his position in the race; Commit any act which impedes the progress of another horse or causes him to break; Change course after selecting a position in the home stretch or swerve in and out, or bear in and out, in such a manner as to interfere with another horse or cause him to change course or take back; Drive in a careless or reckless manner; Whip under the arch of the sulky, the penalty for which is not less than 10 days suspension; Lay off the normal pace, thereby leaving a hole when it is well within the horse's capability to keep the hole closed; or Drive a horse in a manner which would put the horse half-in or half-out of any racing lane on the racetrack. In case of interference, collision, or violation of any of the above restrictions, the offending horse may be placed back one or more positions in that heat or dash, and if a collision or interference prevents any horse from finishing the heat or dash, the offending horse may be disqualified from receiving any winnings, and the driver may be fined not to exceed the amount of the purse or stake contended for, or may be suspended or expelled. If a horse is set back, under the provisions of this section, he shall be placed behind the horse with whom he interfered. If, in the opinion of the judges, a driver is for any reason unfit or incompetent to drive, refuses to comply with the directions of the judges, or displays reckless conduct and endangers the safety of horses or other drivers in the race, the driver may be removed and another driver substituted at any time after the positions have been assigned in a race, and the offending driver shall be fined, suspended, or expelled. The substitute driver shall be properly compensated. If, for any cause other than being interfered with or broken equipment, a horse fails to finish after starting in a heat, that horse shall be ruled out. Loud shouting or other improper conduct is forbidden in a race. A driver shall: Keep both feet in the stirrups and a line in each hand from the start of the race until after the finish of the race; Have control of their horse at all times; and Adjust handholds so as to be taut with elbows in front of the chest. A driver may: Carry a whip not to exceed 4 feet plus a snapper not longer than 6 inches; and Use the whip to hit the wheel disc or shaft if it does not interfere with another horse or driver. The use of any goading device, chain, or mechanical devices or appliances, other than the ordinary whip or crop, upon any horse in any race, constitutes a violation of this rule. A driver may not: Use the whip or crop in a brutal, excessive or indiscriminate manner; Cause visible injury to a horse; Whip a horse after a race; or Whip below the shaft. Breaking. When a horse breaks from its gait in trotting or pacing, its driver shall at once: Except as provided in §H(10)(b) of this regulation, take the horse to the outside or to the inside; Pull the horse to its gait; and Lose ground on the field. If the pulling of a horse on a break to its gait and losing ground does not interfere with a trailing horse, the driver of the horse is not required to take the horse to the outside or the inside. If there has been no failure on the part of the driver to comply with the provisions of §H(10)(a) of this regulation, the horse may not be set back unless a contending horse on its gait is lapped on the hind quarter of the breaking horse at the finish. The judges may set any horse back one or more places if, in their judgment, any of the above violations have been committed. It is not a violation of §I of this regulation if: A breaking horse is taken inside the hub rail or euro rail in a straightaway when complying with §H(10)(a)(i) of this regulation; and The horse, when clear, comes back onto the track before entering a turn. If, in the opinion of the judges, a driver allows his horse to break for the purpose of fraudulently losing a heat, the driver is liable to the penalties elsewhere provided for fraud and fouls. To assist in determining the matters contained in §H(9) and (10) of this regulation, it is the duty of one of the judges to call out each break made, and the clerk at once shall note the break and character of it in writing. The time between separate heats of a single race is not less than 40 minutes. A heat may not be called after sunset when the track is not lighted for night racing. Horses called for a race have the exclusive right of the course, and all other horses shall vacate the track at once, unless permitted to remain by the judges. In the case of accidents, only so much time is allowed as the judges may deem necessary and proper. A driver shall be mounted in his sulky at the finish of the race, or the horse shall be placed as not finishing. Whipping action shall be limited to wrist action only with minimal elbow movement. A driver violating any of the whipping rules shall be subject to disciplinary action and or disqualification. Hub Rail or Euro Rail. When a euro rail is used, the pylons may not be farther than 25 feet apart from the half-mile pole to the head of the stretch. If a horse or part of a horse's sulky leaves the course by going inside the hub rail or euro rail and, in the opinion of the judges, the action gave the horse an unfair advantage over other horses in the race or the action helped the horse improve its position in the race, the horse may be disqualified from receiving any winnings. In the case of an act of interference or a violation of §H(1) of this regulation, which causes a horse or part of a horse's sulky to leave the course by going inside the hub rail or euro rail, and the horse is placed by the judges, the offending horse shall be placed behind the horse with which the offending horse interfered. Open Stretch Racing. With the approval of the Commission, a racing association may widen the homestretch of its race course up to 10 feet inward to create a passing lane for the purpose of allowing a horse to improve its position during the stretch run. When a passing lane exists: A horse may not enter the passing lane except: When entering the final homestretch run, and For the purpose of attempting to improve the horse's position; The lead horse in the homestretch may not enter or encroach upon the passing lane. The purpose and intent of open stretch racing shall take precedence over other sections of this regulation which may conflict with it. A sulky shall consist of the following parts which are attached to one another in such a way that they remain together during normal use and testing: Arch; Two forks; Seat and seat plate; Two shafts; Two stirrups; and Two wheels with tires and wheel covers. The arch under §A(1) of this regulation shall be: Parallel to the ground; Not less than 28 inches or more than 35 inches from the ground when measured with the wheels and tires attached; Not less than 1 inch higher than the top of the wheel and tire; Not less than 47 inches or more than 56 inches wide when measured from the inside at the point of the axle nuts; and Not more than 76 inches from the point the shaft is attached to the arch to the center line of the harness where the horse is hitched, as measured along the shaft when the sulky is attached to the horse. A fork under §A(2) of this regulation shall be: Attached to a side of the arch and to the shaft on that side of the arch; and Separated from the other fork by a distance, when measured at the axle nuts, which is 6 inches wider than the inside measurement between the shafts when the separation between the shafts is measured at the front of the arch. The seat plate under §A(3) of this regulation shall: Be mounted on the arch; Have not more than a 6-inch difference in the measurement of the distance from the ground to the plate than the distance from the ground to the heel of the stirrup when the sulky is hitched at 54 inches; and Have a padded seat securely attached in a fixed position, the back of which may not be: Higher than 4 inches; or More than 19 inches from the front of the arch. The shafts under §A(4) of this regulation: Shall be independent of one another; Shall be attachable to the horse either with: Quick-hitch fixtures accompanied by safety straps, or Conventional tie-downs; Shall be separated from each other by not less than 42 inches or more than 50 inches when measured at the front of the arch; and May not, when attached to the horse: Project beyond the shoulder of the horse, and Be higher than the withers of the horse. The stirrups under §A(5) of this regulation shall be: Not more than 8 inches wide; and Attached, one to the inside of each shaft, at a point where the stirrups are separated from each other by not less than 30 inches. The wheels under §A(6) of this regulation each shall be: Between 26 inches and 28 inches in diameter when measured from the outside edges of the tire; Covered with light and durable unicolor or colorless wheel disc covers; and When necessary, inhibited from discharging residue from the tire by the use of a mud fender securely attached to the sulky. When enforcing the specifications under this regulation, the judges, in determining the safety, fitness, and reliability of a sulky, may rely on: Manufacturers' certifications; and Current inspection stickers affixed by manufacturers' representatives. Licensing. An individual wishing to apply for a license as a trainer shall make application under the individual's legal name. Requirements for Licensing. To be licensed as a trainer, an individual shall: Be 18 years old or older; Be financially responsible; and Provide proof of ability to act as a trainer. A licensed trainer shall maintain financial responsibility while licensed. A trainer shall be responsible at all times for the condition of a horse under the trainer's care. Repealed. A trainer may not harbor or employ an individual on the grounds of a racing association that is under the jurisdiction of the Commission if the individual is not licensed by the Commission. A trainer shall: Attend a horse under the trainer's care when the horse is in the paddock; Be present to supervise the horse's harnessing, unless the trainer has obtained the permission of a judge to assign the responsibility for harnessing the horse to another licensed trainer; and Remain the absolute insurer of a horse the trainer has entered. The presiding judge may permit a trainer to act, after an application has been filed, pending action on the trainer's application. A horse under the care of a trainer whose license is suspended or revoked is ineligible to participate in a race, unless permission has been given by the authority which issued the suspension or revocation to transfer the horse to the care of a trainer in good standing. A licensed trainer may not: Take or keep in the trainer's charge a horse owned, wholly or in part, or controlled by a person unlicensed as an owner; or Serve as the trainer of record for a horse not under the trainer's active care and supervision. An individual who is responsible for the training of a horse but who is not licensed as a trainer or, if so licensed, is not listed as the trainer of the horse on the entry form may be sanctioned by the Commission. Each trainer-driver shall obtain a license from the Commission. Before issuance of a license, a trainer-driver may be required to satisfy the Commission of his financial responsibility. A trainer-driver shall maintain his financial responsibility so long as he is licensed by the Commission. A trainer-driver may not practice his profession except under his own name. The presiding judge may permit a trainer-driver to act, after an application has been filed, pending action on his application. A licensed trainer-driver and driver may represent the owner in the matter of entries, declarations, and the employment of drivers. A trainer-driver shall have his horse in the paddock at the time appointed. A trainer-driver may not have in charge or under his supervision any horse owned, in whole or in part, by a disqualified person. A trainer-driver may not accept, directly or indirectly, any bribe, gift, or gratuity in any form which might influence the result of any race or which would tend to do so. A trainer-driver may not employ a driver for the purpose of preventing him from driving in any race. Trainer-drivers having charge, custody, or care of a horse or horses are obligated to properly protect the horses and guard against any violation of the Corrupt Practices Rules. The trainer-driver is responsible at all times for the condition of all horses trained by him. Trainer-drivers who make frivolous complaints may be fined or suspended by the presiding judge. When any person subject to the jurisdiction of the Commission is formally charged with violation of the racing rules or any criminal statute of this or any other state, the Commission may suspend him until the charge has been tried, dismissed, or otherwise disposed of. When a person subject to the jurisdiction of the Commission is convicted of a criminal offense, in this or any other state, or the United States, the Commission may suspend or revoke the person's license. The Commission shall designate and employ a Chief Veterinarian and other veterinarians it considers necessary, and assign the veterinarians to serve at a Maryland track when live racing is conducted at the track. A veterinarian employed by the Commission shall: Visually examine a horse appearing in the day's entries while the horse is warming up on the track before the race in which it is to run; Be in the paddock before a race and visually inspect the horses in the race; Report a horse's racing condition to the presiding judge, if, in the opinion of the veterinarian: The horse is not in condition to race; or By racing, the horse may cause injury to: Itself, Its driver, or Other participants in the race; Ensure that blood is drawn for testing purposes from the horses designated by the presiding judge or the Commission; and Perform examinations and tests that, from time to time, may be required by the presiding judge. A horse reported to the presiding judge in accordance with §B(3) of this regulation shall be: Scratched out of the race by the presiding judge; Automatically placed on the veterinarian's list; and Prohibited from entering until the veterinarian notifies the presiding judge that the horse is again fit to compete. If an individual connected to a horse entered in a race prevents the horse from being examined, the presiding judge shall: Be notified; and Order the horse scratched from the race. Restrictions on Veterinarians Employed by the Commission. A veterinarian in the employ of the Commission is not permitted to treat or prescribe for a horse on the grounds of, or registered to race at, a track under the jurisdiction of the Commission, except in the case of an emergency. When a veterinarian in the employ of the Commission treats a horse under the exception to §E(1) of this regulation, a full and complete report shall be made to the presiding judge. A person licensed by the Commission may not employ or pay compensation to a veterinarian in the employ of the Commission, either directly or indirectly, during the period for which the veterinarian is so employed. Practicing Veterinarians. An individual is not allowed to practice as a veterinarian on the grounds of a racing association that is under the jurisdiction of the Commission until the individual has obtained a license from the Commission to practice. An individual licensed by the Commission to practice veterinary medicine at a track under its jurisdiction is subject to the: Standards of conduct and ethics prescribed by the State Board of Veterinary Medical Examiners and those standards prescribed in Agriculture Article, §2-310, Annotated Code of Maryland; and Provisions of COMAR 09.10.04.03D and Regulation .19 of this chapter. A veterinarian practicing at a track under the jurisdiction of the Commission shall file a report with the judges as to any medication prescribed or administered, or professional service performed. A report filed in accordance with §F(3) of this regulation shall: Be delivered in person or postmarked within 48 hours after the time of treatment; and Remain confidential, except that: A Commission veterinarian may compile general data from the report to assist the Commission in formulating policies or rules, and The judges may review the report in investigating a possible violation of the regulations. A farrier may not be allowed to shoe horses at the race track of any racing association under the jurisdiction of the Commission until the farrier has obtained a license from the Commission. The license shall be applied for and issued annually. The license may be revoked or suspended, for cause, by the Commission. Before issuance of a license, a farrier may be required to satisfy the Commission of his financial responsibility. The farrier shall maintain his financial responsibility so long as he is licensed by the Commission. The cycle of frequency of the totalisator board may not be more than 60 seconds. If any case occurs which is not, or which is alleged not to be, provided for by these rules, it shall be determined by the judges in such manner as they think just and conformable to the usages of the turf, and the judges may impose such punishment and take such other action in the matter as they deem to be within the intent of these rules, including reference to the Commission. Repealed If at any time there is a conflict between the rules of the Maryland Racing Commission and the rules of the United States Trotting Association, the rules of the Commission shall govern. Any situation not covered by the rules of the Commission or the rules of the United States Trotting Association shall be referred to the Commission for disposition. Urine Test. The use or possession on the grounds of a harness racing association by persons licensed under this chapter of any controlled dangerous substance or prescription drug, as defined in Criminal Law Article, §5-101(f), Annotated Code of Maryland, is prohibited unless the substance was obtained directly or pursuant to a valid prescription or order from a licensed physician while acting in the course of his professional practice. It shall be the responsibility of the licensee to provide proof to the presiding judge that the licensee is using a controlled dangerous substance or prescription drug pursuant to a valid prescription or order from a licensed practitioner. On any day when harness racing is being conducted on the grounds of a licensed association, a driver scheduled to drive on that day, and any licensed Commission or association employees and other licensees having official duties relating to any of those races, upon a determination by the judges that there exists a reasonable suspicion to believe that the individual has in his system a drug as defined in §H(1) of this regulation, shall be deemed to have consented to a urine or any other non-invasive drug detection test which shall be conducted in a manner prescribed by the Commission. A person whose sample is positive may be subject to disciplinary action, may not be permitted to participate in any racing program until a negative test is shown, and the Commission may require the licensee to undergo a supervisory drug treatment program approved by it. Any of the licensee group specified in §H(2) of this regulation who, without good cause, refuse to take the drug detection test, may not be permitted to continue their duties on that racing day and shall be subject to disciplinary proceedings as provided in this chapter as if a positive specimen had been rendered. Breathalyzer or Other Test for Alcohol. On a day when harness racing is being conducted on the grounds of a licensed association, a driver scheduled to drive on that day and any licensed Commission or association employees having official duties relating to any of those races, shall be deemed to have consented to a breathalyzer or any other non-invasive test for alcohol which shall be conducted in a manner prescribed by the Commission. A person whose test shows a reading of more than 0.05 percent alcohol in the blood may be subject to disciplinary action and may not be permitted to continue his duties on that racing day. Any of the licensee groups in §I(1) of this regulation who refuse to take the alcohol detection test, may not be permitted to continue their duties on that racing day and shall be subject to disciplinary proceedings as provided in this chapter. Definitions. In this regulation, the following terms have the meanings indicated: “Advisory Committee” means the Maryland Standardbred Race Fund Advisory Committee. “Breeder” means the owner or, if leased, the lessee of the dam at the time of breeding. “Conceived” means the impregnation of a dam, by means of natural or artificial insemination, by a Maryland stallion whose offspring meet the eligibility requirements for the Sire Stakes Program in Regulation .53 of this chapter. “Covered by a Maryland stallion” means to be bred to a Maryland stallion whose offspring meet the eligibility requirements for the Sire Stakes Program in Regulation .53 of this chapter. “USTA” means the United States Trotting Association. Eligibility for Participation. For a horse to be eligible to participate in a race that is a part of the Foaled Stakes Program, the horse shall: Be registered with the Advisory Committee; and Have had paid in the horse's behalf all of the applicable registration, sustaining, and declaration fees required under this regulation. Eligibility for Registration. A horse may be registered with the Advisory Committee if: The horse was foaled in Maryland, as shown by a registration certificate from the USTA; and At least one of the following conditions is met: The breeder of the horse has maintained a place of abode in Maryland for more than 9 months immediately before registration; The breeder of the horse keeps breeding stock continually in Maryland; The horse was conceived during the previous season by the horse’s dam being covered by a Maryland stallion registered with the Advisory Committee; or The horse's dam was sent to Maryland to foal and, after foaling, was covered by a Maryland stallion during the season of the horse's birth. If, at the time of breeding, the dam is under lease, a lease agreement shall be on file in the office of the USTA. The eligibility requirements in this section are not applicable in regard to registration for the Sire Stakes Program in Regulation .53 of this chapter. If a foal is the product of an embryo/ovum transfer, only a donor mare's first born foal each year, resulting from such a transfer, is eligible for registration under this section. Appeal of Refusal to Register a Horse. An owner or breeder may appeal to the Commission from a refusal of the Advisory Committee to register a horse under this regulation. The owner or breeder who makes the appeal has the burden of proving the eligibility of the horse. The decision of the Commission is final. Registration. Except as provided in §F of this regulation, to register a yearling the Advisory Committee shall be provided on or before May 15 with a: Completed form for the registration of the yearling; $40 registration fee. Late or Incomplete Registration. A completed registration form; and Either: A $500 late fee by December 31; or A $1,000 late fee by March 15. Sustaining Fees. Except as provided in §G(2) of this regulation, the following sustaining fees are required by the following dates for the maintenance of a horse's eligibility: First sustaining fee as a 2-year-old, $150 by March 15; Second sustaining fee as a 2-year-old, $200 by May 15; and Sustaining fee as a 3-year-old, $300 by February 15. The second sustaining fee as a 2-year-old, due May 15, is optional and is required only to make the horse eligible to participate in the races provided by the Foaled Stakes Program for 2-year-olds. Except as provided in this regulation, a horse shall be disqualified from participation in any future races sponsored by this Program if there is a failure to make a timely payment of a fee under this section. Time and Method of Payment. To be timely, the appropriate fee shall be: Delivered to the Advisory Committee Administrator by the designated due date; or Mailed bearing a postmark which is on or before the due date. If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if: Delivered to the Advisory Committee Administrator by the next business day; or Mailed and bearing a postmark which is not later than the next business day. Exceptions may not be made to the requirements of this section. Declaration Fee. A declaration fee of $250 is required to be made by the post time for the race into which the horse is declared. The owner of the horse is responsible for the declaration fee, and, if the owner of the horse is not the declarer of the horse, the person making the declaration is also responsible for the declaration fee. Eligibility to Start. A horse, otherwise eligible to participate in this program, may not be declared into a race unless the horse has at least one satisfactory charted performance line at the time set for declaring in. A satisfactory charted performance line is a performance line: Credited to a horse after the horse starts from behind a starting gate in a qualifying or purse race within 45 days of the Foaled Stakes Program race in which the horse is to participate; and Which shows that the horse has completed the race without a break, other than a break caused by interference or broken equipment, at, or within, the following times according to the horse's age and gait: A 2-second allowance to the minimum performance time shall be granted on any trotting event held before May 1. Use of Fees. All registration fees, sustaining fees, and penalties, less administrative costs, shall be added to the purse monies. All declaration fees shall be added to the purse for the event for which the fees were paid. Provision may be made for the running of the following races at a distance of 1 mile, to be known as the Foaled Stakes Program races, which shall be open only to those horses eligible to participate in the Foaled Stakes Program: 2-year-old filly pace; 2-year-old colt pace; 2-year-old filly trot; 2-year-old colt trot; 3-year-old filly pace; 3-year-old colt pace; 3-year-old filly trot; and 3-year-old colt trot. The various age, sex, and gait divisions established under §M of this regulation may, from time to time, be eliminated by the Commission upon the recommendation of the Advisory Committee. Each age, sex, and gait division, depending upon the availability of funds, may not be raced more than three times per year. The purse amounts for the races authorized under §M of this regulation shall be determined by the Advisory Committee and approved by the Commission. Breeder Awards. An 8 percent Breeder Award, based upon the amount of the purse distributed, shall be awarded to the dam of a horse, if the horse: Receives purse monies from a race provided for under §M of this regulation; and Meets the eligibility requirements set forth for registration in the Sire Stakes Program under Regulation .53 of this chapter. A 4 percent stallion award based upon the amount of the purse distributed in a “final”, shall be awarded to the sire of the horse provided the stallion was a registered Maryland stallion at the time of conception. The awards, as apportioned under §Q(2) of this regulation, shall be paid to the: Individual or entity who was the owner of record with the USTA of the dam and sire at the time the horse was bred; or Lessee of the horse, rather than the owner, if the: Dam or the sire, respectively, was leased at the time the breeding took place; and Lease was on record with the USTA at that time. If more horses are declared to start in an event than can fit on the starting gate, the licensee holding the event shall split the event and divide the purse equally, except the declaration fees shall be allocated based on the number of horses in each division. Gait. A horse's gait shall be specified and accompany each sustaining fee. A change of the horse's specified gait may be made at the time the horse is declared into a race. Any payments made before a change in the specified gait of a horse shall be credited to the races for the gait originally specified. Time. The time for starters to declare into a Foaled Stakes Program race shall be the same as the time established by the race track for declaring into an overnight race. If the race track schedules the time for drawing into an overnight race more than 5 days before the running of the races, a Foaled Stakes Program race may not be drawn with these races, but shall be drawn at a time that is not more than 5 days before the scheduled running of the race. Purse Distribution. Purses for all races shall be divided: 50 percent to the winner; 25 percent to second; 12 percent to third; 8 percent to fourth; and 5 percent to fifth. In the event fewer than five horses start, undistributed purse money shall be retained by the Race Fund. Walkovers will be paid 50 percent of the advertised purse. Unless the Commission eliminates the races for one of the age groups in accordance with §R of this regulation, the purse monies to be distributed each year on behalf of the Sire Stakes Program shall be divided equally between races for 2-year-olds and races for 3-year-olds. Unless the Commission eliminates the races for one of the gaits in accordance with §R of this regulation, the purse monies in each age category shall be divided equally between races for trotters and races for pacers. With the advice of the Advisory Committee the Commission may allow all Foaled Stakes Program races to be held at any race track in Maryland. The Maryland Racing Commission, acting under authority of the law creating it, hereby establishes the pari-mutuel system as the only legal system of wagering on harness races on all harness racing tracks in the State over which it has jurisdiction. Associations shall use vending machines for the sale of pari-mutuel tickets unless otherwise authorized by the Commission. All associations shall use a totalisator approved by the Commission. A totalisator may not be deemed one of approved design unless it is capable of: Registering by automatic electric or mechanical means on central aggregators all wagers made on each horse, each entry, or the field, in each of the straight, place, or show pools; and Displaying the registered totals so as to permit ready tabulation by the Commission's representative. The controls necessary to operate the infield board, and other similar boards, relative to the way the horses finish (if the finish is being contested, if there is a photo, dead heat and time of race) are to be located in the judge's stand and controlled by the presiding judge or an associate judge designated to do so. Definitions. For the purpose of pari-mutuel wagering, every heat shall be a separate and distinct race. Where the term “race” is used in these rules, it shall be considered to apply as if the term “heat” or “dash” had been used. The race becomes “official” when the “official” sign is purposely displayed by the judges. Sale of Tickets. Only one method of selling pari-mutuel tickets shall be used for the sale of tickets on individual races during any racing day. A pari-mutuel ticket may not be sold except through regular ticket windows properly designated by signs showing the type of tickets sold at that particular window. A pari-mutuel ticket may not be sold on any race unless the race is on that day's card of the association, except with the approval of the Commission or the Commission's representative. A pari-mutuel ticket may not be sold on an event for which the totalisator has been closed for betting on the event. An association is not responsible for a ticket sale started, but not completed, before the totalisator has been closed for betting on the event. Claims pertaining to a mistake on an issued or unissued ticket shall be made by the bettor before leaving the teller's window. An association has no obligation to enter a bet into a betting pool if unable to do so as a result of equipment failure. Bookmaking or wagering other than pari-mutuel wagering is prohibited. A person younger than 18 years old may not purchase or cash pari-mutuel tickets. All wagering shall stop as soon as the word “go” is given either by record or by the voice of the starter. Vending machines shall be electrically locked by the presiding judge or an associate judge from the judge's stand. When the vending machines have been closed they shall remain closed until the race is declared “official”, unless otherwise opened on approval of the Commission's representative. Pari-mutuel tickets shall be sold in denominations approved by the Commission. The method of selling pari-mutuel tickets shall be approved by the Commission's representative. The manager of the pari-mutuel department shall be properly and timely advised by the presiding judge, before the beginning of wagering on each race, of the number of horses that will compete in the race and any driver changes from those listed in the official program. The least number of horses in separate interests that can take part in a race in which payment out of the several pools may be made is: Five for win, place, and show; Four for win and place; Three for win; and In exceptional instances, with the consent of the Maryland Racing Commission, win pools which may be sold with only two horses engaged. The consent of the Maryland Racing Commission shall be obtained to call off betting in the various pools as follows: Show, if five or more separate interests are engaged in a race; Place, if four or more separate interests are engaged in a race; and Win, if three or more separate interests are engaged in a race. On all tracks when the horse units provided for wagering on the totalisator board are less than the horses competing in the race, all horses in excess of the maximum number of units provided for wagering, less one, shall be grouped together in the betting to constitute the “field”, a wager on any one of the “field” being a wager on all horses so grouped. The association, with the consent of the Commission's representative, may prohibit wagering on any particular horse or entry in any race. Consent shall be sought by the association from the representative of the Maryland Racing Commission after the entries are closed on the day previous to that during which the race or races in which exclusions are desired. The exclusions shall be clearly indicated on the program, and any excluded horse or horses may not be numbered so as to imply that they are coupled in the “field.” Horses once excluded from the wagering shall remain excluded from the wagering in any race during the day on which they are scheduled to start. When two or more horses that are owned in whole, or in part, or are trained by the same trainer, or trained in the same stable, or by the same management, start in a race, they shall be coupled as an “entry,” and a wager on one shall be a wager on all of them. However, when a trainer enters two or more horses in a stake race, early closing, futurity, free-for-all, elimination, or other special event, under bona fide separate ownerships, the horses may, at the request of the association and with the approval of the Commission's representative, be permitted to race as separate betting entries. If a race is split into two or more divisions, horses in an “entry” shall be seeded in separate divisions insofar as possible, but the division in which they compete and their post positions shall be drawn by lot. A refund of the cost value shall be made on tickets bearing the number of a horse scratched or withdrawn before the horse becomes a starter in a race. If the judges or the veterinarian excuse a horse and order it scratched before it is in the hands of the starter, and this action reduces the number of horses in separate interests actually engaged in the race below the number required for win, place, or show wagering, refunds shall be made of the win, place, or show tickets on the horses. If a horse is prevented from running due to a failure of the starting gate, a refund of all tickets shall be made. The “take” (commission) and the “breakage” shall be in accordance with the law existing at the time of the race meeting. In establishing the pay-off in each pool for every race, the calculations shall be made on the dollar, and any balance that may result in the division on which the result is determined need not be paid in pennies, but in every instance the breakage allowance shall be less than 10 cents, the dollar being the unit. “Minus pools” shall be charged against the breakage, in accordance with the law existing at the time of the race meeting. Payments due on all wagers shall be made in conformity with well established practices of the pari-mutuel system. The practice is to work in dollars and not in the number of tickets. Money wagered on winning tickets is returned in full plus the profits. Notwithstanding any other rule of the pari-mutuel rules for wagering, in all cases, each association shall distribute not less than $2.10 on each $2 wager, or in accordance with the law existing at the time of the race meeting. Excused or Scratched Horse. The judges may excuse a horse and order it scratched from a race at any time before the horses are dispatched by the starter. Tickets purchased on scratched horses shall be redeemed at their face value unless the excused or scratched horse is part of an “entry” or “field”. When a horse that is part of an entry or field is scratched after betting on the race has begun, all wagers on the entry or field remain in effect as long as a horse from the entry or field remains in the race. If the entire entry or field is scratched, the tickets purchased on the entry or field shall be redeemed at their face value. At a track equipped with a totalisator system with the capability to cancel and refund tickets before the running of a race, the time that betting has begun on a horse in an entry or the field is considered to be the time that win odds are first displayed on the track's infield tote board on the race in which the horse is to compete, or when the probable payoff prices are posted on the first race of a multiple race pool of which the horse's race forms a part. If a horse is scratched before betting has begun, and if tickets have been sold upon an affected entry or field before the time when betting has begun, the tickets may not be refunded unless the holders of the tickets present them for cancellation before betting on the race has begun, or the first race of a multiple pool. Tickets not presented for cancellation by this time are considered as wagers upon the remaining horses in the entry or field. The result of every race is determined, insofar as the Mutuel Department pay-off is affected, when it is posted as “Official”, and an immediate distribution of the respective pools is required. A subsequent change in the order of finish, and a run-off of a dead heat may not involve the Mutuel Department. Except when a dead heat occurs, or when a field horse or horses or entries are involved in the result of a race, or when no ticket has been sold on a horse finishing first, second, or third, the distribution of pools shall be as follows: The distributable portion (gross pool less allowable commission) of the straight pool shall be paid to holders of tickets on the horse that finishes first. The distributable portion of the place pool (gross pool less allowable commission and money wagered on first and second horses) shall be divided equally between the winning horse and the horse finishing second, payments being made to holders of place tickets on the horses. The distributable portion of the show pool (gross pool less allowable commission and money wagered on first, second, and third horses) shall be divided into three equal parts and shall be apportioned one part to the winner, one part to the second horse, and one part to the third horse. All payments to holders of tickets entitled to share in the distribution of the respective pools shall be in the proportion of their investment on the horse or horses sharing in the distribution from these pools, reference to payments out of these pools meaning the distributable portion thereof, but refunds, when made, include all the money in the pool or pools to which they apply. Exceptions in Pool Distribution. If two horses run a dead heat for first place, the money in the straight pool is divided the same as in a place pool calculation. If two horses run a dead heat for second place, the division is made as follows: The winner of the race receives his full share, namely one-half of the distributable money, and the two horses in the dead heat divide the remaining half between them, namely one-fourth of the distributable money. If two horses run a dead heat for third place, the division is made as follows: The winner and the second place horse receive a full share, namely 1/3 of the distributable money in the show pool to the wagers on each of these positions; and The two horses in the dead heat divide the remaining third between them, namely 1/6 of the distributable money is apportioned to the wagers on each of them. If two of the horses coupled in the “field” or an “entry” finish first and second, first and third, or second and third, the distributable money in the show pool is divided into three parts, two parts going to the “field” or “entry” horses and the other part going to the other horse. If three “field” or “entry” horses finish first, second, and third, all pools shall be calculated as straight pools. Apportionment of Pool. If a horse wins a race and there are no straight tickets sold on him, the straight pool shall be apportioned to holders of straight tickets on the horse placed second. If a horse runs second and there are no place tickets sold on him, the place pool shall be distributed the same as a straight pool to holders of place tickets on the winner. If a horse runs third and there are no show tickets sold on him, the show pool shall be calculated as a place pool and distributed to holders of show tickets on the first and second horses. If only one horse finishes in a race, all money wagered place and show shall be distributed in the same manner as a straight pool. If no horse finishes, all money shall be refunded. Miscellaneous. Selling windows may not close until the horses are “off” for the race. While betting is in progress, there shall be frequent postings of the approximate odds on the horses taking part in the race, entries and field horses being listed on the odds board as one horse each, when either or both are running in the race. Suitable apparatus shall be provided whereby notice is given to the mutuel department: First, that the horses for the race are parading; Second, that the horses are in the hands of the starter; and Third, that the horses are “off”. Totalisator adjustments shall be summarized at the close of each meeting and if the net result is a credit to the company operating the totalisator, then the Commission auditor shall be given a check from the company for the amount of the net credit, made payable to the Maryland Horsemen's Assistance Fund, Inc. If any emergency develops requiring an immediate solution in connection with the operation of the mutuel department, the authority to act is hereby conferred on the mutuel manager, who shall promptly report the emergency to the Commission's representative and the means employed by him in meeting it. If an error is made in posting the pay-off prices on the public board, it shall be corrected promptly and only the correct amount shall be used for the pay-off, irrespective of the error on the public board, but no change shall be made in the pay-off after the cashing of tickets has commenced. If an error is discovered before the pay-off has started, the correct pay-off shall be posted and a statement shall be made over the public address system stating the facts and the corrections. In order to determine “at what time” the cashing of tickets has commenced, the following rules govern: At racing associations where a mechanized device is employed to inform the cashiers the amount of pay-off “when the key or other device is set to indicate race and prices are official and it is proper to pay off”. At racing associations where messengers are employed or telephone messages are used to deliver official pay-offs to the cashiers, "60 seconds after the pay-offs have been posted on the Public Board". If, under the conditions set forth above, it is too late to correct the error, then the following rules shall apply: If the error results in an overpayment to the public, no subsequent correction is made. If the error results in an underpayment, the amount of the underpayment, after it has been determined, is added to the same pool of the next succeeding race. However, should an underpayment occur in the last race of any scheduled race meeting, the amount of the underpayment shall be paid over to the Commission for the account of the Maryland Horsemen's Assistance Fund, Inc. The pay-off may be posted after the pool closes and before the race completing the double has been run. In the event of a dead heat in the first race of the daily double, posting of the pay-off prices may be deferred until the race completing the daily double has been run. The daily double is not a parlay and has no connection with or relation to the mutuel betting. All prices on the daily double will be calculated in a separate pool. All tickets will be to win only (straight), except as otherwise provided in this regulation. A “field” may not be permitted in any race involved in the daily double. If no ticket is sold combining the two winners, the daily double pool then shall be apportioned equally between those having tickets including the winner of the first half and those having tickets including the winner of the second half in the same manner in which a “place” pool is calculated. If no ticket is sold including the winner of the first half, the entire pool shall be distributed to holders of tickets which include the winner of the second half. If no ticket is sold including the winner of the second half, then the entire pool shall be distributed to holders of tickets which include the winner of the first half of the daily double. If no ticket is sold including the winner of either half, then the pool shall be distributed to holders of tickets finishing second in the two races of the daily double. If, for any reason, the first half of the daily double is cancelled and declared “no race”, a full and complete refund shall be made of the daily double pool. If, for any reason, the second half of the daily double is declared “no race”, the daily double pool shall be distributed to the holders of the tickets on the winner of the first half in the same manner as a straight pool. If, after the first half of the daily double has been run and declared “official”, a horse is scratched or excused from the second half of the daily double, then a consolation pay-off shall be made to holders of tickets which combine the winner of the first half and the scratched or excused horse. The consolation pay-off shall be calculated as follows: The net daily double pool (gross pool less commission) shall be divided by the total number of tickets sold combining the winner of the first half; The quotient thus obtained shall constitute the consolation pay-off to be paid to holders of each ticket combining the winner of the first half and the scratched or excused horse in the second half; The entire consolation pool (number of eligible tickets times the consolation price), plus the breakage, shall then be deducted from the net daily double pool; The remaining pool is the new net pool for the daily double. If holders of tickets lose the first half of the daily double and the horse in the second half is scratched or excused, there will be no refund. If no ticket is sold which would require distribution of the daily double pool, the association shall make a complete and full refund of the pool. Associations licensed by the Commission to conduct harness racing meetings may, with the approval of the Commission, conduct a so-called twin double, subject to the following rules: The twin double is a part of the pari-mutuel system of wagering. It is a contract by each participant to pick (select) the winner of each of four races as may be designated by a licensee, with the approval of the Commission. For the purpose of this rule, the four races will be referred to as the “twin double races.” The first two races so designated shall be referred to as the first half of the twin double. The third and fourth races so designated shall hereafter be referred to as the second half of the twin double. All sums deposited in the twin double shall be held in a single pool entirely separate from all other pools, and the award or dividend to each winning participant shall be calculated subject to the provisions of this rule, as in a straight pool. All twin double tickets shall be sold at properly designated windows and shall be clearly and immediately distinguishable from the daily double and other tickets sold. All twin double tickets shall be sold only from automatic vending machines. The sale of twin double tickets may not commence until after the completion of the second race of the day, unless special permission is obtained from a representative of the Commission. The twin double windows shall close and the machines shall be locked 5 minutes before the official post time of the first race of the first half of the twin double. Each participant in the twin double shall designate his selections as the winners of the first half of the twin double races at the time he purchases his twin double ticket, and each twin double ticket shall show the selections made. After the completion of the first half of the twin double races, each participant holding a ticket or tickets combining the winners of this half of the twin double shall, during the period while the twin double windows are open for this purpose, exchange his ticket or tickets for a ticket or tickets showing his selections as the winners of the second half of the twin double. A twin double exchange ticket may not be issued except upon the surrender of a twin double ticket showing the winners of the first half of the twin double. Twin double windows shall be opened for the issue only of twin double exchange tickets after the races comprising the first half have been completed and declared official and shall close at the official post time of the start of the second half of the races comprising the twin double. Before post time of the second race of the second half of the twin double races, there shall be posted or announced over the loud speaker system the pay-off of each combination coupled with the winner of the first race of the second half of the twin double races. All such information shall be posted. A winning twin double ticket not presented for exchange for a twin double exchange ticket within the period described in §H, above, may be presented for a refund of the purchase price (or award in the event that no participant selects the winner of the first race of the second half of the twin double races), after completion of the first race of the second half of the twin double. The aggregate purchase price of all twin double tickets so entitled to a refund shall be deducted from the gross twin double pool. Inasmuch as the purpose of the twin double is to select winners of the first half and the second half of the twin double races, a participant who selects a horse which runs in but does not win a race is no longer eligible, unless no other participant has selected a winner of that race. If a horse is scratched in the first race of the first half of the twin double, all tickets on the scratched horse shall be refunded, and the money refunded will be deducted from the gross pool. If a horse is scratched in the second race of the first half of the twin double, after the running of the first race of the first half, all twin double tickets combining the scratched horse with the actual winner of the first race of the first half of the twin double shall be paid a price equivalent to that fraction of the net pool derived by dividing the net twin double pool (gross pool less commission) by the total number of tickets sold combining the winner of the first race of the first half of the twin double with all horses in the second race of the first half of the twin double. The quotient thus obtained shall constitute the consolation pay-off to be paid to holders of each ticket combining the winner of the first race of the first half with the scratched horse in the second race of the first half. The entire consolation pool (number of eligible tickets times the consolation price), plus the breakage, shall then be deducted from the net twin double pool. The remaining pool is the new net pool for the twin double. If a horse is scratched in the first race of the second half of the twin double, during or after the exchange of tickets by holders of the first two winners, each ticket including the scratched horse in the first race of the second half shall be paid a price equivalent to that fraction of the net pool derived by dividing the net pool by the total number of exchanged tickets. The quotient thus obtained shall constitute the consolation pay-off to be paid to holders of tickets on the scratched horse. The entire consolation pool (number of eligible tickets times the consolation price), plus the breakage, shall be deducted from the net twin double pool to establish a new net pool. If a horse is scratched from the second race of the second half of the twin double after the first race of the second half has been run, each ticket including the scratched horse and the winner of the first race of the second half shall be paid a price equivalent to that fraction of the net pool derived by dividing the net pool by the total number of tickets combining the winner of the first race of the second half. The quotient thus obtained shall constitute a consolation pay-off. The entire consolation pool (number of eligible tickets times the consolation price), plus breakage, shall then be deducted from the net pool. The remaining pool shall be the new net pool for the final pay-off for the twin double. If no ticket is sold combining the winner of the first race and the winner of the second race of the first half of the twin double, the net pool shall then be apportioned between those having tickets, including the winner of the first race of the first half of the twin double and those having tickets including the winner of the second race of the first half of the twin double, and shall be calculated as a place pool. If this should happen, the twin double will terminate for that day. If no ticket is sold including the winner of the first race of the first half of the twin double, then the entire net pool shall be paid to holders of tickets which include the winner of the second race of the first half of the twin double. If this should happen, the twin double will terminate for that day. If no ticket is sold including the winner of the second race of the first half of the twin double, then the entire net pool shall be paid to holders of tickets which include the winner of the first race of the first half of the twin double. If this should happen, the twin double will terminate for that day. If no exchange ticket includes the winner of the first race of the second half of the twin double, the entire net pool shall be distributed as a straight pool to all holders of exchanged tickets and winning combinations of the first half that had not been exchanged. If no exchange ticket combines the winners of the first and second races of the second half of the twin double, then the entire net pool shall be distributed as a straight pool to holders of tickets including the winner of the first race of the second half of the twin double. In the event of a dead heat in the first race of the first half of the twin double, all tickets combining both winners of the first race of the first half with the winner of the second race of the first half of the twin double shall be eligible for exchange. In the event of a dead heat in the second race of the first half of the twin double, all tickets combining the winning or winners of the first race of the first half with the winners of the second race of the first half of the twin double shall be eligible for exchange. In the event of a dead heat in the first race of the second half of the twin double, if there is no ticket combining either winner with the winner of the second race of the second half of the twin double, then the pay-off shall be distributed to holders of tickets on the winners of the first race of the second half of the twin double in the same manner as a place pool is calculated. In the event of a dead heat in the second race of the second half of the twin double, the pay-off shall be distributed as a place pool to holders of tickets combining the winner of the first race of the second half with the winners of the second race of the second half of the twin double. If, for any reason, the first race of the first half of the twin double is cancelled or declared “no race,” full and complete refund shall be made of the twin double pool. If, for any reason, the second race of the first half of the twin double is cancelled or declared “no race,” the net pool shall be calculated as a straight pool and shall be distributed to holders of tickets combining the winner of the first race of the first half of the twin double with every horse in the second race of the first half of the twin double. If, for any reason, the first race of the second half of the twin double is cancelled or declared “no race,” the net pool shall be distributed as a straight pool to the holders of twin double exchange tickets and holders of winning twin double tickets not surrendered for exchange. If, for any reason, the second race of the second half of the twin double is cancelled or declared “no race,” the net pool shall be distributed as a straight pool among holders of exchange tickets designating the winner of the first race of the second half of the twin double. Entries or field horses may not be allowed in any race included in the twin double, except by permission from a representative of the Commission. In the event of a dead heat between a covered and an uncovered horse in the second race of the second half of the twin double, a consolation pay-off may not be made. Holders of tickets on the covered horse, representing the only winners of four consecutive races, shall share in the distribution of the twin double pool. Each association shall either print in the daily program or prominently post at all areas where quinella wagering is conducted, the following conditions: An exchange of tickets, after the purchaser has left the sales window, may not be made. The quinella is not a parlay and has no connection with or relation to the “tote” betting. All tickets on the quinella will be calculated in an entirely separate pool. Selections are to be made by program number and not by handicap rating number. Large numbers appearing on the quinella ticket are the program numbers of the horse. All tickets should be retained until the result of the quinella has been posted. All quinella tickets will be for the win and place combination only. Quinella wagering is not permissible on races containing either a coupled entry or “field horses.” If any horse entered in a quinella race is scratched or excused by the judges after wagering has commenced or should any horse be prevented from racing because of failure of the arm of the starting gate to open, all tickets including the horse shall be deducted from the quinella pool and money refunded to the purchasers of tickets on the horse that is excused or prevented from racing. If there are no tickets sold on the winning combination in a quinella race, all quinella tickets bearing the number of the individual win horse and all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets and the payoff shall be calculated as a place pool. If there are no tickets sold on the winning combination in a quinella race and should there be no quinella tickets sold bearing the number of the individual win horse, all quinella tickets bearing the number of the individual place horse shall be deemed winning tickets and the payoff shall be calculated as a win pool. If there are no tickets sold on the winning combination in a quinella race, and should there be no quinella tickets sold bearing the number of the individual place horse, all quinella tickets bearing the number of the individual win horse shall be deemed winning tickets and the payoff shall be calculated as a win pool. If there are no tickets sold on the winning combination in a quinella race, and should there be no quinella tickets sold bearing the number of the individual win horse, and should there be no quinella tickets sold bearing the number of the individual place horse, the quinella shall be deemed “no race,” and all moneys in the quinella shall be promptly refunded. If, after an official start is effected, only one horse finishes the quinella race, the total money is figured as a win pool, with those who have picked that one horse in the race participating in the pool. If a two horse dead heat for win results in a quinella race, the two horses involved in the dead heat shall be the winners of the quinella race. If a multiple dead heat for win results in a quinella race, all horses involved in the dead heat shall be winners of the quinella race and payoffs figured accordingly. For example, should numbers 1, 3, 5 and 7 dead heat for win, the winning quinella combinations would be 1-3, 1-5, 1-7, 3-5, 3-7, and 5-7. The net pool, after deducting the amounts wagered on the winning combinations, will be equally distributed in payoff calculations on the winning combinations. If a two horse dead heat for place results in a quinella race, the total pool is calculated as a place pool. If a multiple dead heat for place results in a quinella race, all combinations coupling the winning horse with the individual place horse shall be winners of the quinella race and payoffs calculated accordingly. The exacta is a contract by the purchaser of a ticket combining two horses in a single race, selecting the two horses that will subsequently finish first and second in that race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The exacta is not a “parlay” and has no connection with or relation to the win, place and show betting and shall be calculated as an entirely separate pool. In the event of an entry finishing first and second, the net exacta pool shall be distributed to holders of tickets combining the entry with the horse finishing third. If a horse is scratched out of an exacta race, all exacta tickets combining the scratched horse with any other horse in that race shall be refunded and the money refunded shall be deducted from the gross pool. If no ticket is sold selecting the winner and the second horse to finish one-two, in that order, the net pool shall be distributed as a place pool to the holders of tickets selecting the winner to finish first and the holders of tickets selecting the second horse to finish second. If no ticket is sold that would require distribution of an exacta pool to a winner as above defined, the association shall make a complete and full refund of the exacta pool. If two horses finish in a dead heat to win, the net pool shall be distributed as a place pool to the holders of tickets on the two winning combinations. For example: If 4 and 6 finish in a dead heat to win, holders of tickets on 6 and 4 as well as holders of tickets 4 and 6 will share in the net pool. If two horses finish in a dead heat to place, the net pool shall be distributed as a place pool to the holders of tickets on the two winning combinations. For example: If 3 is the winner and 5 and 7 finish in a dead heat to place, holders of tickets combining 3 and 5, in that exact order, and holders of tickets combining 3 and 7, in that exact order, will share in the pool. If there is a dead heat to win or a dead heat to place and no ticket has been sold on one of the winning combinations, the net pool shall be distributed to the holders of tickets on the other combination. If there is a dead heat to place and no ticket has been sold combining the winner with either one of the two horses finishing in the dead heat, the holders of tickets selecting the winner to finish first and the holders of tickets selecting either one of the dead heat horses to finish second shall share in the net pool. The net pool shall be distributed as a place pool the winner shall receive one-half and the horses in the dead heat shall divide the remaining half proportionately between them. The triple is a contract by the purchaser of a ticket combining three horses that will subsequently finish first, second and third in that race. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The triple is not a parlay and has no connection with or relation to the win, place and show betting and shall be calculated as an entirely separate pool. Repealed. If no ticket is sold on the winning combination of a triple pool, the net pool shall be distributed to the holders of tickets selecting the win and place finishers in that order. If no ticket is sold combining the win and place finish, the net pool shall be distributed to the holders of tickets selecting the win and show horses. If no ticket is sold combining the win, place and show finishers, the net pool shall be distributed to the holders of tickets selecting the winner. If less than three horses finish, the payoff shall be made to holders of tickets selecting the finishing horses in order, ignoring the balance of the selection. If no ticket is sold that would require distribution of the net triple pool to a winner as above defined, the association shall make a full refund of the triple pool. In the event of a dead heat, all triple tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in either position dead heated, shall be winning tickets. The payoff shall be calculated as a place pool by dividing the net triple pool by the total purchase price of winning tickets. In the event of a scratch in the triple exchanges may not be made. All tickets which include the scratched horse are eliminated from further participation in the triple pool and shall be refunded. Refunds on key horse wheel tickets may be made after the triple race is official. Key horse wheel tickets shall be sold during the entire triple wagering period at the posted price used when triple wagering opens. Coupled entries are permitted but fields are prohibited in triple races. If the horses in a coupled entry finish in more than one of the first three positions, one or more of the horses, as necessary, finishing directly after the first three horses shall be used to complete a winning selection consisting of three different numbers. Triple tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. The design of triple tickets shall be clearly and immediately distinguishable from other pari-mutuel tickets. Resale of the tickets from one individual to another is prohibited and shall be grounds for ejection. Each association shall print in heavy type in a conspicuous place in its printed program all the provisions of this regulation. The Super Bet is a form of pari-mutuel wagering on three designated races. The bettor selects the two horses that will finish first and second in each of the first two designated races of the Super Bet, and the three horses that will finish first, second, and third in the third designated race of the Super Bet, in each case in the exact order of finish as officially posted. The Super Bet pool shall be held entirely separate from all other pools, and may not be part of any exacta, triple, daily double, or other wagering pool. The Super Bet is not a parlay. Repealed. The three races which comprise the Super Bet shall be approved by the Commission and clearly designated in the program. Super Bet tickets shall be clearly identified as such, so as to distinguish them from tickets on other wagering pools. Coupled entries and fields are prohibited in the three designated Super Bet races. If a dead heat or dead heats occur in any of the races of the Super Bet, all Super Bet tickets selecting the correct order of finish counting a horse in a dead heat as finishing in any position dead heated shall be winning tickets, and contrary to the usual practice, the aggregate winning tickets shall be divided into the net pool and be paid the same pay-off price. Wagering for the Super Bet shall close at the same time that wagering is closed on the first designated race of the Super Bet. If a horse is scratched in a designated race of the Super Bet while wagering on the Super Bet is still open, wagers containing the scratched horse shall be deducted from the Super Bet pool and shall be refunded just as in other types of wagers. After the close of wagering on the Super Bet, refunds of wagers due to scratches may not be made until after prices have been declared official for the entire Super Bet. In the latter event, except as otherwise provided in §I, K, or L, refunds shall be made only for wagers selecting in each designated race of the Super Bet scratched horses and winning horses in the proper order but not any losing horses. For example, if the exact winning combination is 1-2, 1-2, 1-2-3, and the 4 horse in the designated second race was scratched, a wager of 1-2, 4-2, 1-2-3 would be eligible for a refund, but a wager of 1-2, 2-4, 1-2-3 would not be eligible for a refund. If for any reason, including but not limited to weather conditions, less than all of the designated races of the Super Bet are cancelled or are not declared official, then all horses in the cancelled race or races that were selected on Super Bet tickets shall be considered winners for purposes of the Super Bet. If for any reason all of the designated races of the Super Bet are cancelled, then all pari-mutuel tickets that were issued for that performance shall be refunded and the Super Bet shall be cancelled for that performance. In all these instances, any contributions to the Super Bet pool from prior performances shall be carried over and included in the Super Bet pool for the next performance as prescribed in §J, below. If there is no Super Bet ticket issued accurately selecting the officially declared winning combination in the exact order of finish in each of the three designated races of the Super Bet, then the net pool, after deduction of all applicable commissions and taxes under the laws of this State, shall be carried over and included with the net Super Bet pool at the next performance. If the accumulated carry-over pool of the Super Bet has not been distributed before the closing day of the meeting in which the pool was generated, or if the Association invokes the provisions of §L, the net amount of the carry-over pool so remaining shall be distributed even if no Super Bet ticket is a winning ticket under A. In this event, the winning tickets shall be those combining on that performance the most consecutive finishers in the winning combination, starting with the winner of the first designated race of the Super Bet (for example, if the exact winning combination is 1-2, 1-2, 1-2-3, and the best ticket sold is 1-2, 1-2, 1-2-ALL). If there is a cancellation of the closing day's performance, the accumulated carry-over pool shall be carried over to the Harness Association next to operate that accepts Super Bet wagering. If the Harness Association next to operate does not accept Super Bet wagering, the accumulated carry-over pool shall be deposited in a Maryland bank in interest bearing form, and the accumulated pool together with all interest earned on it shall be carried over to the first day of the next racing meeting of the Harness Association accepting Super Bet wagering. The Association accepting Super Bet wagering may elect, if there is an undistributed accumulated carry-over pool of the Super Bet, to declare a mandatory Super Bet distribution, provided it makes an announcement of its intention to do so at least 24 hours before the opening of Super Bet wagering for that performance. In this event, all of the Super Bet carry-over pool shall be distributed on this performance, even if no Super Bet ticket is a winning ticket under §A, in accordance with the provisions for determining a winning ticket under §K. The Association may elect to guarantee a gross Super Bet pool (the accumulated carry-over pool plus gross Super Bet wagering on the current performance) by adding any shortfall from this guarantee to the accumulated carry-over pool, provided it makes announcement of its intention to do so before the opening of Super Bet wagering for that performance. Commissions or taxes may not be deducted from the added amount. Sales of Super Bet tickets other than from pari-mutuel machines shall be deemed illegal and prohibited. Resale of Super Bet tickets from one individual to another is prohibited and shall be grounds for ejection. The acceptance of the Super Bet ticket by an individual taking an issued ticket away from the window of the terminal from which it was issued shall constitute an acknowledgement by the bettor of the correctness of the ticket. Each purchaser of a Super Bet ticket agrees to be bound by the terms and provisions of this and all other applicable Commission regulations and by the laws of the State pertaining to pari-mutuel wagering. The Association, totalisator, and the State may not be liable to any person for a Super Bet ticket which is not: A winning ticket in accordance with the provisions of this regulation; or Delivered for any reason, including but not limited to: Mechanical malfunction, Electrical failure, Machine locking, or Other cause. This regulation shall be prominently displayed in the betting area of each Association conducting a Super Bet program. Definitions. In this regulation, the following terms have the meanings indicated: “Advisory Committee” means the Maryland Standardbred Race Fund Advisory Committee. “Breeder” means the owner or, if leased, the lessee of the dam at the time of breeding. “Conceived” means the impregnation of a dam, by means of natural or artificial insemination, by a Maryland stallion whose offspring meet the eligibility requirements for the Sires Stakes Program as provided under this regulation. “Covered by a Maryland stallion” means to be bred to a Maryland stallion whose offspring meet the eligibility requirements for the Sire Stakes Program as provided under this regulation. “Owner” means an individual or entity that owns or leases a horse or stallion eligible to participate in the Sires Stakes Program. “USTA” means the United States Trotting Association. Eligibility for Participation. For a horse to be eligible to participate in a race that is a part of the Sires Stakes Program, the horse shall: Be registered with the Advisory Committee; and Have had paid in the horse's behalf all of the applicable registration, sustaining, and declaration fees required under this regulation. Eligibility for Registration. A horse may be registered with the Advisory Committee if: The horse was conceived from the fresh or frozen semen of a Maryland stallion; and The Maryland stallion: Is registered with the USTA; Is registered with the Advisory Committee as a Maryland stallion; Was at stud in Maryland for a full breeding season; and Impregnated the dam during the breeding season the stallion was at stud in Maryland. If a horse is the product of an embryo/ovum transfer, only a donor mare's first born foal each year, resulting from such a transfer, is eligible under this section. Registration as a Maryland Stallion. December 1 of the year preceding the one for which the stallion is registered together with a $500 fee; January 1 of the year for which the stallion is registered together with a $750 fee, if the stallion is not registered by the previous December 1; or February 1 of the year for which the stallion is registered together with a $1,500 fee, if the stallion is not registered by the previous December 1. Loss of Maryland Stallion Registration Status. A stallion shall lose its status as a registered Maryland stallion if: The stallion stands during the year anywhere other than in Maryland or in the southern hemisphere; or The stallion leaves the breeding location in Maryland during the Maryland breeding season of February 15 through July 1 except as provided under §E(2) or (3) of this regulation. A registered Maryland stallion may participate in racing during the breeding season provided the stallion is returned within 24 hours if the Administrator is notified and proper reports are filed. When a Stallion May Be Moved. A stallion may be moved to another location within the State from its registered breeding location during the breeding season for breeding purposes, provided the stallion is returned within 24 hours and the Standardbbred Race Fund Administrator is provided a detailed monthly report on the stallion’s movements, including the following: The date on which the stallion was moved; and The location to which the stallion was taken. A stallion moved for emergency veterinarian care shall be returned when medically released and a detailed report is provided to the Administrator. The offspring of a stallion which has lost its registration status shall remain eligible for this Program if the offspring was: Out of a mare which was not owned or leased by the stallion owner; and Otherwise eligible. The owner of a stallion which has lost its status as a registered Maryland stallion is subject to the following penalty for each of its offspring that remain eligible for this program under §E(4) of this regulation: $500 for a stallion with a registered stud fee of less than $500; An amount equal to the stud fee of the stallion if the registered stud fee of the stallion is more than $500; or $1,500 for a stallion with a private or undesignated stud fee. Requirements of the Owner of a Registered Stallion. The owner of a registered stallion shall submit a copy of the USTA Mares Bred report to the Advisory Committee Administrator not later than September 1 of the year for which the stallion is registered. The Mares Bred report shall indicate: Which broodmares were inseminated with transported semen, if any; and The destination to which the semen had been transported for this purpose. Failure to comply with the provisions of §F(1) and (2) of this regulation shall subject the owner of the stallion, for each month the owner is delinquent, to a penalty of: $500 for a stallion with a registered stud fee of less than $500; or $1,500 for a stallion with a private or undesignated stud fee. Failure to comply with the provisions of §F(1) and (2) of this regulation by February 15 of the year following the year to be covered by the Mares Bred report shall: Render any resultant foal out of a mare owned wholly or in part by the owner of the stallion ineligible to participate in the Sire Stakes Program for the year covered by the report; and Subject the stallion owner, for each foal that remains eligible for the Sires Stakes Program, to a penalty of: $500 for a stallion with a registered stud fee of less than $500; or $1,500 for a stallion with a private, undesignated or stud fee over $500. Payment of Penalties. Penalties assessed against a stallion owner under this regulation shall be paid to the Advisory Committee Administrator. The Advisory Committee shall consider the penalties paid by a stallion owner under this regulation as stallion registration fees to be used for the purpose of future Sires Stakes Program purses. A stallion owner may not be allowed to participate in the Sires Stakes Program if the owner has not paid a penalty assessed under this regulation. Appeal of Refusal to Register a Horse or Stallion. An owner or breeder may appeal to the Commission from a refusal of the Advisory Committee to register a horse or stallion under this regulation. The owner or breeder who takes the appeal has the burden of proving the eligibility of the horse or stallion. The decision of the Commission is final. Registration. Except as provided in §J of this regulation, in order to register a yearling, the Advisory Committee Administrator shall be provided on or before May 15 with a: Completed form for the registration of the yearling; and $40 registration fee. Late or Incomplete Registration. A completed registration form; A $500 late fee by December 31; or A $1,000 late fee by March 15. Sustaining Fees. Except as provided in §K(2) of this regulation, the following sustaining fees are required by the following dates for the maintenance of a horse's eligibility: First sustaining fee as a 2-year-old, $150 by March 15; Second sustaining fee as a 2-year-old, $200 by May 15; and Sustaining fee as a 3-year-old, $300 by February 15. The second sustaining fee as a 2-year-old, due May 15, is optional and is required only to make the horse eligible to participate in the races provided by the Sires Stakes Program for 2-year-olds. Except as provided under §K(2) of this regulation, a horse shall be disqualified from participation in any future races sponsored by this Program if there is a failure to make a timely payment of a fee under this section. Time and Method of Payment. To be timely, the appropriate fee shall be: Delivered to the Advisory Committee Administrator by the designated due date; or Mailed bearing a postmark which is on or before the due date. If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if: Delivered to the Advisory Committee Administrator by the next business day; or Mailed bearing a postmark which is not later than the next business day. Exceptions may not be made to the requirements of this section. Declaration Fee. A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared. Additional declaration fees are not required from a horse which participates in more than one preliminary race. The declaration fee is $400. The owner of the horse is responsible for the declaration fee, and, if the owner of the horse is not the declarer of the horse, the person making the declaration is also responsible for the declaration fee. Eligibility to Start. A horse, otherwise eligible to participate in this program, may not be declared in to start unless the horse has at least one satisfactory charted performance line at the time set for declaring in. A satisfactory charted performance line is a performance line: Credited to a horse after the horse starts from behind a starting gate in a qualifying or purse race within 45 days of the Sires Stakes Program race in which the horse is to participate; and Which shows that the horse has completed the race without a break, other than a break caused by interference or broken equipment, at, or within, the following times according to the horse's age and gait: A 2-second allowance to the minimum performance time shall be granted on any trotting event held before May 1. Use of Fees. All registration fees, sustaining fees, and penalties, less administrative costs, shall be added to the purse monies for this program. All declaration fees shall be added to the purse of the final event for which the fees were paid. Provisions may be made for the running of the following races at a distance of 1 mile, to be known as the Sires Stakes Program races, which shall be open only to those horses eligible to participate in the Sires Stakes Program: 2-year-old filly pace; 2-year-old colt pace; 2-year-old filly trot; 2-year-old colt trot; 3-year-old filly pace; 3-year-old colt pace; 3-year-old filly trot; and 3-year-old colt trot. The various age, sex, and gait divisions established under §Q of this regulation may, from time to time, be eliminated by the Commission upon the recommendation of the Advisory Committee. Each age, sex, and gait division, depending upon the availability of funds, may not be raced more than three times per year. The purse amounts and the number of times per year each race is offered, including the number of preliminary races, for the races authorized under §Q of this regulation shall be determined by the Advisory Committee and approved by the Commission. Breeder Awards. An 8 percent Breeder Award, based upon the amount of the purse distributed in a “final”, shall be awarded to the dam of a horse, if the horse: Receives purse monies from a “final” race provided for under §Q of this regulation; and Meets the eligibility requirements set forth for registration in the Foaled Stakes Program under Regulation .43 of this chapter. A 4 percent stallion award based upon the amount of the purse distributed in a “final”, shall be awarded to the sire of the horse provided the sire was a registered Maryland stallion at the time of conception. The awards, as apportioned under §U(2) of this regulation, shall be paid to the: Individual or entity who was the owner of record with the USTA of the dam and sire at the time the horse was bred; or Lessee of the horse, rather than the owner, if the: Dam or the sire, respectively, was leased at the time the breeding took place; and Lease was on record with the USTA at that time. Preliminary Events. The number of preliminary events shall be as provided under §T of this regulation. If more horses are declared to start in a preliminary event than can fit on the starting gate, the licensee holding the event shall schedule sufficient races and divide the horses by lot as equally as possible among the races scheduled. Points shall be awarded to each horse finishing in a preliminary race in accordance with the following schedule: In the event of a dead heat for any position, the horses involved in the dead heat for that position shall each be credited with the full number of points assigned to that position. Final Events. There shall be one final event for each category of race scheduled. The number of horses allowed in a final event shall be limited to the horses which fit on the starting gate without a trailer. Preference for participation in the final event shall be given to the horses with the most points earned in the preliminary events of the same category. Not more than two horses with the next highest number of points from those drawn into the race may be listed as also eligibles. Ties for participation under §W(3) and (4) of this regulation shall be determined by lot. A horse may not participate in the final event if it did not earn a point in a preliminary event of the same category. Post Positions. Post positions for all races shall be determined by lot. Gait. A horse's gait shall be specified and accompany each sustaining fee. A change of a horse's specified gait may be made at the time the horse is declared into a race. Any payments made before a change in the specified gait of a horse shall be credited to the races for the gait originally specified. Time. The time for starters to declare into a Sires Stakes Program race shall be the same as the time established by the race track for declaring into an overnight race. If the race track schedules the time for drawing into an overnight race more than 5 days before the running of the races, a Sires Stakes Program race may not be drawn with these races, but shall be drawn at a time that is not more than 5 days before the scheduled running of the race. Purse Distribution. Purses for all races shall be divided: 50 percent to the winner; 25 percent to second; 12 percent to third; 8 percent to fourth; and 5 percent to fifth. In the event fewer than five horses start, undistributed purse money shall be retained by the Race Fund. Walkovers will be paid 50 percent of the advertised purse. Unless the Commission eliminates the races for one of the age groups in accordance with §R of this regulation, the purse monies to be distributed each year on behalf of the Sire Stakes Program shall be divided equally between races for 2-year-olds and races for 3-year-olds. Unless the Commission eliminates the races for one of the gaits in accordance with §R of this regulation, the purse monies in each age category shall be divided equally between races for trotters and races for pacers. With the advice of the Advisory Committee the Commission may allow all the Sires Stakes Program races to be held at any race track in Maryland. Definitions. In this regulation, the following terms have the same meanings as provided in Regulation .53 of this chapter. Terms Defined. “Advisory Committee”; “Breeder”; “Owner”; and “USTA”. Eligibility for Participation. For a horse to be eligible to participate in a race that is a part of the Sires Stakes Program for 4 and 5-Year-Olds, the horse shall: Have been nominated as a yearling to the Sire Stakes Program; and Be registered with the Advisory Committee Administrator by February 15 as a 4-year-old or a 5- year- old to race that year. Sustaining Fees. Except as provided in §C(2) of this regulation, the following sustaining fees are required by the following dates for the maintenance of a horse's eligibility: A sustaining fee as a 4-year-old, $120 and a completed sustaining form by February 15 of that year; or A sustaining fee as a 5-year-old, $120 and a completed sustaining form by February 15 of that year. If the March 15 2-year-old payment and the February 15 3-year-old payment were made, no sustaining fee is due. Except as provided under §C(2) of this regulation, a horse shall be disqualified from participation in any races during the current year sponsored by this Program if there is a failure to make a timely payment of a fee under this section. Time and Method of Payment. To be timely, the appropriate fee shall be: Delivered to the Advisory Committee Administrator by the designated due date; or Mailed bearing a postmark which is on or before the due date. If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if: Delivered to the Advisory Committee Administrator by the next business day; or Mailed bearing a postmark which is not later than the next business day. Exceptions may not be made to the requirements of this section. Declaration Fee. A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared. The declaration fee is $100. The owner of the horse is responsible for the declaration fee, and, if the owner of the horse is not the declarer of the horse, the person making the declaration is also responsible for the declaration fee. Eligibility to Start. A horse, otherwise eligible to participate in this program, may not be declared in to start unless the horse has at least one satisfactory charted performance line at the time set for declaring in. A satisfactory charted performance line is a performance line: Credited to a horse after the horse starts from behind a starting gate in a qualifying or purse race within 45 days of the Sires Stakes Program for 4 and 5 Year-Olds race in which the horse is to participate; and Which shows that the horse has completed the race without a break, other than a break caused by interference or broken equipment, at, or within, the following times according to the horse's age and gait: For events conducted on a 5/8 mile track: For events conducted on a 1/2 mile track: Use of Fees. All sustaining fees, less administrative costs, shall be added to the purse monies for this program. All declaration fees shall be added to the purse of the event for which the fees were paid. Types of Races. Provisions may be made for the running of the following races at a distance of 1 mile, to be known as the Sires Stakes Program for 4 and 5-Year-Olds, which shall be open only to those horses eligible to participate in the Sires Stakes Program for 4 and 5-Year-Olds: 4- and 5-year-old pace for colts and fillies; and 4- and 5-year-old trot for colts and fillies. Upon the recommendation of the Advisory Committee, the races provided for in §I(1)(a) and (b) of this regulation may be separated into races for colts only and fillies only. If more horses are declared to start in an event than can fit on the starting gate, the licensee holding the event shall split the event and divide the purse equally, except the declaration fees shall be allocated based on the number of horses in each division. The various age, sex, and gait divisions established under §I of this regulation may, from time to time, be eliminated by the Commission upon the recommendation of the Advisory Committee. Each age, sex, and gait division, depending upon the availability of funds, may not be raced more than three times per year. The purse amounts and the number of times per year each race is offered for the races authorized under §I of this regulation shall be determined by the Advisory Committee and approved by the Commission. Breeder Awards. 10 percent Breeder Award, based upon the amount of the purse distributed, shall be divided between the dam and sire of a horse, if the horse: Receives purse monies from a race provided for under §I of this regulation; and Meets the applicable eligibility requirements set forth for registration in the Foaled Stakes Program under Regulation .43 of this chapter, or in the Sire Stakes Program under Regulation .53 of this chapter. Of the 10 percent awarded under §N(1) of this regulation: 8 percent shall be awarded to the dam of the horse; and 2 percent shall be awarded to the sire of the horse. The awards, as apportioned under §N(2) of this regulation, shall be paid to the: Individual or entity who was the owner of record with the USTA of the dam and sire at the time the horse was bred; or Lessee of the horse, rather than the owner, if the: Dam or the sire, respectively, was leased at the time the breeding took place; and Lease was on record with the USTA at that time. Post positions for all races shall be determined by lot. Gait. A horse's gait shall be specified and accompany each sustaining fee. A change of a horse's specified gait may be made at the time the horse is declared into a race. Any payments made before a change in the specified gait of a horse shall be credited to the races for the gait originally specified. Time. The time for starters to declare into a Sires Stakes Program for 4 and 5-Year-Olds race shall be the same as the time established by the race track for declaring into an overnight race. If the race track schedules the time for drawing into an overnight race more than 5 days before the running of the races, a Sires Stakes Program for 4 and 5-Year-Olds race may not be drawn with these races, but shall be drawn at a time that is not more than 5 days before the scheduled running of the race. Purse Distribution. The purse in each race shall be divided in the following manner: 50 percent, 25 percent, 12 percent, 8 percent, and 5 percent to the first five finishers, respectively, if five or more horses finish; 50 percent, 25 percent, 15 percent, and 10 percent to the first four finishers, respectively, if only four horses finish; 55 percent, 30 percent, and 15 percent to the first three finishers, respectively, if only three horses finish; 65 percent and 35 percent to the first two finishers, respectively, if only two horses finish; or 65 percent to the finisher and 35 percent remains with the gait, if only one horse finishes. Unless the Commission eliminates the races for one of the gaits in accordance with §K of this regulation, the purse monies shall be divided equally between races for trotters and races for pacers. With the advice of the Advisory Committee, the Commission may allow the entire Sires Stakes Program for 4 and 5-Year-Olds races to be held at any race track in Maryland. For each harness track meet, any moneys allocated to the Maryland Standardbred Race Fund and required to be paid to the Maryland Racing Commission by the licensee, will be paid to the Commission within 5 days after the close of the meet, or the outstanding balance will after that bear interest at the prime rate, as presently published in the Wall Street Journal under Money Rates for the publication date of the 5th day, or the immediately preceding publication date if the 5th day is not a publication date, on a per diem basis until available funds are paid the Commission for the outstanding amount due, including interest. In this chapter, “meet” means a specified period of consecutive days when an association is licensed by the Commission to conduct racing. The Standardbred Race Fund Advisory Committee shall select an administrator to supervise the daily operation of the Standardbred Race Fund. The Administrator selected by the Standardbred Fund Advisory Committee shall be appointed by, and serve at the pleasure of, the Commission. The salary and benefits of the Administrator shall be established by the Commission and, together with the other reasonable expenses incurred in the administration of the Standardbred Race Fund, shall be paid from the monies that inure to the Standardbred Race Fund. The Pick Six is a form of pari-mutuel wagering. Each bettor selects the first horse in each of six consecutive races designated as the Pick Six races by the Association. The principle of a Pick Six is, in effect, a contract by the purchaser of a Pick Six ticket to select the winners of each of the six races designated as the Pick Six. The Pick Six pool shall be held entirely separate from all other pools and is not part of a daily double, exacta, trifecta, or other wagering pool. The Pick Six pool is a pool in which the bettor is required to select six consecutive winning horses and is not a parlay. Repealed. Races in which Pick Six pools shall be conducted shall be approved by the Maryland Racing Commission and clearly designated in the program. The design of Pick Six tickets shall be clearly and immediately distinguished from other pari-mutuel tickets with the identification “Pick 6” printed on the ticket. The Pick Six pari-mutuel pool shall be calculated as follows: Seventy-five percent of the net amount in the pari-mutuel pool subject to distribution among winning ticket holders shall be distributed among the holders of pari-mutuel tickets which correctly designate the official winner in each of the six races comprising the Pick Six. The remaining undistributed 25 percent of the net pool shall be distributed among the holders of pari-mutuel tickets which correctly designate the most winning selections less than the six winning selections described above. If there is no pari-mutuel ticket held which correctly designates the winner of all races comprising the Pick Six, 75 percent of that racing date's net amount available for distribution shall be carried over and included in the Pick Six pool requiring six winning selections, at the next performance. If a Pick Six ticket designates as a selection to win in any one or more of the contests comprising the Pick Six, a single wagering interest which is scratched, excused or determined by the stewards to be a non-starter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start, will be substituted for the non-starting selection for all purposes including pool calculations and payoffs, provided further that if the win pool for two or more favorites is identical, the selection shall be the lowest program number substituted for the non-starting selection. The cancellation of one or more contests comprising the Pick Six in any performance shall result in that day's net pool being fully distributed to the individuals holding the most winners on that day's performance. If three or more of the six contests comprising the Pick Six are officially cancelled or declared as no contest, all pari- mutuel tickets on the Pick Six for that performance shall be refunded, and the Pick Six shall be cancelled for that performance. Any contributions to the Pick Six pool from prior performances will remain in the Pick Six pool to be carried over and included in the Pick Six pool for the next performance as prescribed in §F(2), above. If the accumulated Pick Six has not been distributed prior to the closing day of the meeting in which the Pick Six pool was generated, the accumulated Pick Six pool and the net amount in the Best of Six pool, subject to distribution among winning ticket holders, shall be distributed among closing day holders of Pick Six tickets which correctly designate the most official winners of the six contests comprising the closing day Pick Six. Should there be a cancellation of the final day's card, or if the final day of Pick Six pool is cancelled, the contributions shall be transferred to the next harness track to operate. Those horses constituting an entry or a field as defined within the regulations of the Maryland Racing Commission shall race in any Pick Six race as a single wagering interest for the purpose of the Pick Six race pari-mutuel pool calculations and payouts to the public. A scratch, after wagering has begun, of any part of any entry or field selection in such a race shall be of no effect with respect to the status of this entry or field, or both, as a viable wagering interest. If, for any reason, any race or races of a Pick Six program is cancelled and declared “No Race”, the Pick Six pool shall be distributed to the holders of the most winning selections of the remaining races pursuant to §F. If the judges cancel or declare “No Race” in three or more of the Pick Six races for any given date, all pari-mutuel tickets for that Pick Six pool shall be refunded and the Pick Six cancelled for that day. If there is a dead-heat for win between two or more horses in any Pick Six race, all these horses in the dead-heat for win shall be considered as the winning horse in the race for the purpose of distributing the Pick Six pari-mutuel pool. A person may not disclose the number of tickets sold in the Pick Six pool or the number or amount of tickets selecting winners of Pick Six races before the time the judges have declared the last Pick Six race on any given date “official”. A pari-mutuel ticket for the Pick Six pool may not be sold, exchanged, or cancelled after the time of the closing of wagering in the first of the six races comprising the Pick Six. A validly issued Pick Six ticket timely surrendered to the association by the legal holder of it shall be the only evidence of a person's participation in the Pick Six pari-mutuel pool. The acceptance of a Pick Six ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgement by the purchaser of the correctness of the ticket, and each purchaser of a Pick Six ticket agrees to be bound by the terms and provisions of this and all other applicable Commission rules and regulations and by the laws of the State pertaining to pari-mutuel wagering. The association, totalisator company, and the State may not be liable to a person for a ticket which is not a winning ticket in accordance with the provisions of this rule. The association, totalisator company, and the State may not be liable to a person for a Pick Six ticket not delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, or other cause. This rule shall be prominently displayed throughout the betting area of each association conducting a Pick Six program. The Twin Trifecta is a type of bet in which: A bettor initially selects three different betting interests to finish first, second, and third in that exact order in the first race of two designated races; and For each successful minimum bet on the first of the two designated races of the Twin Trifecta, a bettor is entitled to one opportunity to select three different betting interests to finish first, second, and third in that exact order in the second race. A successful minimum bet on the first race of the Twin Trifecta is the only means by which a bettor may participate under §A(2) of this regulation. Repealed. The betting pool created under §A of this regulation shall be refunded if: For any reason, the number of betting interests for either the first race or the second race of the Twin Trifecta is reduced to less than seven before betting is opened for the first race of this bet; The first race of the two designated races is cancelled or declared no race; or No bet on the first race of the two designated races contains a successful selection as set forth in §§E(1)(a) or J of this regulation. Unless there is a refund of the betting pool as set forth in §D of this regulation, or a racing association elects to employ the option specified under §G of this regulation, the net pool created by the Twin Trifecta bets shall be divided into two pools, where: One pool shall be assigned to the first race and shall be distributed among those bets which contain the: Betting interests finishing first, second, and third in that exact order in the first race of the two designated races; or Most correct betting interests as set forth in §J of this regulation if no bet satisfies §E(1)(a) of this regulation; and The other pool shall be assigned to the second race of the two designated races and shall be: Distributed, along with any carry over, among those bets which contain the betting interests finishing first, second, and third in that exact order in the second race of the two designated races; Distributed among those bets which contain the betting interests which finished first, second, and third in that exact order in the first race of the two designated races if the second race of the two designated races is cancelled or declared no race; Carried over and added to the same type of pool on the next program of the race meeting if no bet on the day's program contains the betting interests finishing first, second, and third in that exact order in the second race of the two designated races; or Distributed, along with any carry over, among those bets which contain the most correct betting interests, as set forth in §J of this regulation, in the second race of the two designated races, if: No bet contains all the correct selections, and The racing association has given prior notice that there will be a mandatory distribution of the carry over. The formula for allocating the net pool among the two pools created under §E of this regulation shall be: Established by the racing association; and Maintained, as established, until the pool assigned to the second race of the two designated races, including the carry over pool, if any, has been distributed. Entire Net Pool Assigned to Second Race of Twin Trifecta. Upon giving prior notice, a racing association may conduct a Twin Trifecta by which the entire net pool created by the Twin Trifecta bets is: Assigned to the second race of the Twin Trifecta; and Distributed in accordance with the provisions of §E(2) of this regulation. If the association elects to employ the provisions of §G(1) of this regulation, the association shall continue to employ these provisions until the pool created by employing these provisions, including the carry over pool, if any, has been distributed. The will pay on the pools created in §E of this regulation and the pool created in §G of this regulation shall be calculated in the following manner: Multiply the total number of successful bets at the minimum bet level in the pool by the minimum bet established under §C of this regulation; Divide the total amount in the pool by the answer to §H(1) of this regulation; Reduce the answer to §H(2) of this regulation to the next lowest multiple of 10 cents; Multiply the answer to §H(3) of this regulation by the established minimum bet; The answer to §H(4) of this regulation becomes the will pay for a minimum bet. If the answer to §H(2) of this regulation is less than $1.10, §H(2) of this regulation shall be disregarded, and $1.05 shall be substituted for the answer obtained from the calculation in §H(3) of this regulation. If no bet contains the betting interests finishing first, second, and third in that exact order in the first race of the two designated races, or a distribution of the pool assigned to the second race of the two designated races is required by the provisions of §E(2)(d) of this regulation, the distribution of a pool assigned to these races shall be based: On bets which contain the betting interests finishing first and second in that exact order; and If there is no bet that is in accordance with §J(1) of this regulation, on bets which contain the betting interest finishing first, selected in that position. Dead Heat. If a dead heat or heats occur for any of the first three positions in either of the two designated races, a horse in a dead heat shall be considered as finishing in any position for which it dead heated. In the event of a dead heat as described in §K(1) of this regulation, contrary to the usual practice, the aggregate number of winning tickets shall be used to calculate the will pay without regard to the number of selections containing a betting interest in one position or the other. Scratches. If a betting interest in the first race of a Twin Trifecta is scratched, all issued tickets which include the scratched betting interest shall be refunded. If a betting interest in the second race of a Twin Trifecta is scratched, the judges shall act as follows: If there are more than 5 minutes to post remaining, as displayed on the infield tote board, the judges shall declare, by means of a public address announcement, that tickets which include the scratched betting interest may be exchanged before the running of the race; or If there are 5 minutes or less to post remaining, as displayed on the infield tote board, the judges shall determine if there are tickets issued which contain the scratched betting interest and act as follows: If there are no tickets, the judges shall take no further action, or If there are tickets, the judges shall declare, by means of a public address announcement, that the bets on the second of the two designated races are cancelled, and the pool allocated to the second race of the Twin Trifecta from that day only, not including any carry over, shall be distributed among those bets which contain the betting interests finishing first, second, and third in that exact order in the first race of the two designated races. If betting on the first race of the two designated races of a Twin Trifecta has started, and the number of betting interests for either the first or second race of the two designated races is reduced to less than seven, the racing association shall elect, in its sole and final discretion, to: Refund the bets; or Continue to offer this type of bet. If, after the first race of the two designated races has been run, and the second race of the two designated races has less than seven betting interests, the racing association shall elect, in its sole and final discretion, to: Continue to offer this type of bet; or Cancel this type of bet for the day and distribute the pool from this day only, not including any carry over, among those bets which contain the betting interests finishing first, second, and third in that exact order in the first race of the two designated races. Prohibitions. The following acts are prohibited: Sales of tickets on this bet by any means other than through pari-mutuel machines; and Disclosure of the number of tickets eligible for exchange on the second of the two designated races. If, at the end of the race meeting, the carry over pool has not been distributed in accordance with §E(2)(a) or (d) of this regulation, this pool shall be: Placed in an interest-bearing escrow account, with the information on this account being furnished to the Commission; and Carried over, with the accumulated interest, to a similar pool and offered for distribution on the first day of the next race meeting of the racing association at which the pool was generated. Coupled entries and fields are permitted in the races on which this bet is offered. If the horses in a coupled entry or the horses in a field finish in more than one of the first three positions, one or more of the horses, as necessary, finishing directly after the first three horses shall be used to complete a winning bet consisting of three different betting interests. This regulation shall be prominently displayed in the betting area of a racing association offering this type of bet. The Superfecta is a type of bet in which a bettor must select four different betting interests to finish first, second, third, and fourth in that exact order. If there was no bet issued which selected the first four betting interests in the exact order and the association has not provided for a carryover under §I of this regulation or provided for the distribution of a carryover under §J of this regulation, the net pool from this bet shall be distributed, in the following order of precedence, among those bets which selected the betting interests which finished: First, second, and third in that exact order; First and second in that exact order, if there is no bet that complies with §C(1) of this regulation; or First, if there is no bet that complies with §B(1) or (2) of this regulation. If fewer than four betting interests finish the race, the net pool, not including any carryover, shall be distributed among the bets which selected the betting interests finishing the race in the exact order of the finish. Pay Off. The pay off on winning bets shall be calculated as established for a win bet in accordance with Regulation .45W(1) of this chapter unless there is a dead heat for one or more of the first four positions. If there is a dead heat for one or more of the first four positions: The betting interests dead heated shall be counted as finishing in all of the places encompassed by the dead heat; and The pay off shall be calculated as established for a place or show pool in accordance with Regulation .45W(2) or (3) of this chapter, whichever is applicable. The betting pool created under §A of this regulation, not including any carryover, shall be refunded if, for any reason: No bet made qualifies for a payoff under §B or C of this regulation; or The judges declare the race a “no contest”. The Superfecta may not be offered on a race which contains a field. If the horses in a coupled entry finish in more than one of the first four positions, one or more of the horses, as necessary, finishing directly after the first four horses shall be: Used to complete a winning selection consisting of four different numbers; and Assigned the positions behind those horses which have been advanced due to the coupled entry finishing in more than one of the first four positions. If a Superfecta bet contains a betting interest which is scratched, the bet shall be refunded. If, before accepting bets on a race for which Superfecta betting is offered, the association announces that a certain percentage of the Superfecta net pool will be carried over if no bet selects the first four finishers in exact order: The percentage carried over shall be distributed proportionately among those bets which select the first four finishers in exact order the next time the bet is offered; and The remainder of the pool shall be distributed in accordance with §C of this regulation. If the association has announced before accepting bets on the race that it will distribute the amount carried over from prior races, and no bet selects the first four finishers in exact order, the association shall distribute the carryover using the distribution provisions under §B of this regulation, unless the provisions of §E of this regulation apply. The Pick (n) is a type of bet encompassing four or more races, the exact number of races being determined by the number substituted for (n), in which a bettor selects a betting interest to finish not lower than the position specified for this bet by the racing association for each of the races comprising the bet. Repealed. A Pick (n) bet shall be refunded if: For any reason, 50 percent or more of the races scheduled as a part of this bet are cancelled or declared a “no contest”; or No bet qualifies for a pay off under the provisions of §D, E, or F(1) of this regulation, and the provisions of §H of this regulation have not been invoked. If one or more of the races scheduled as part of the Pick (n) bet, but fewer than the number specified under §C(1) of this regulation, are cancelled or declared a “no contest”, the net pool on the bet from that day only shall be distributed, on a pari-mutuel basis, among the bets which contain the most correct selections for the races which were run. Except as provided in §C or D of this regulation, the net pool created under a Pick (n) bet, along with any carryover from previous pools of the same type of bet, shall be distributed on a pari-mutuel basis among those bets which contain: All the correct selections; or The most correct selections if: No bet contains all the correct selections, and The racing association has given prior notice that there will be a mandatory distribution of the carryover. If no bet contains all the correct selections in accordance with §E(1) of this regulation, and §E(2) of this regulation has not been invoked, the net pool created under a Pick (n) bet shall be divided into two pools, where: One pool shall be distributed among those bets which contain the most correct selections; and The other pool shall be carried over to the next program to offer this type of bet. The formula for allocating the net pool among the two pools created under §F of this regulation shall be: Established by the racing association; and Maintained as established, until: A bet contains all the correct selections, or The carryover pool is distributed in accordance with the provisions of §E(2) of this regulation. Entire Net Pool Assigned to Bets Containing All the Correct Selections. Upon giving prior notice, a racing association may conduct a Pick (n) for which the entire net pool created by this bet may only be distributed to bets which contain all the correct selections. If the racing association elects to employ the provisions of §H(1) of this regulation, the association shall continue to employ these provisions until the pool created by employing these provisions, including the carryover pool, if any, has been distributed. Dead Heat. If a dead heat or heats occur involving horses finishing in, or higher than, any of the places for which this bet is offered, a horse in a dead heat shall be considered as finishing in the position for which it dead heated. If there is more than one combination of winning bets, the aggregate dollars bet on the winning combinations shall be used to calculate the will pay without regard to the amount bet on one winning combination in relation to the amount bet on another winning combination. Scratches. If a betting interest is scratched, excused, or determined by the judges to be a nonstarter: The actual favorite, as evidenced by the amounts bet in the win pool when betting on the race in which the scratched betting interest was to participate is closed, shall be substituted for that betting interest; or The favorite with the lowest program number shall be substituted for the scratched betting interest if the amount bet in the win pool is identical on two or more favorites when betting on the race is closed. A driver challenge event is one in which the: Racing association: Designates the specific races on a racing program that will comprise the event; and Assigns a number to each of the drivers participating in these races; Number of runners scheduled to participate in each race comprising the event is: The same; and No more than nine; Same drivers are scheduled to drive in each race comprising the event; and Selection of the number assigned to a driver automatically selects the horses scheduled to be driven by that driver in each race comprising the driver challenge event. A racing association conducting a driver challenge event may offer any type of bet on this series of races that is authorized by this chapter for a single race. Points. Points shall be awarded to each betting interest according to the finish of the horses in each race comprising the driver challenge event, as follows: 14 points for a first place finisher; 9 points for a second place finisher; 7 points for a third place finisher; and The points awarded for each subsequent finisher after the finisher under §C(1)(c) of this regulation shall decrease by one point from the points awarded to the preceding finisher, ending at one point for the ninth place finisher. If there is a dead heat for any position in one or more of the races comprising this event, the points for the position dead-heated and the subsequent position or positions, as appropriate, shall be aggregated and then allocated proportionately for the horses involved in the dead heat. If a horse is scratched, declared a nonstarter in a race, or the race is called “No Contest”, the betting interests involved shall be awarded one point for that race. After the last race of the driver challenge event, the points earned by each betting interest shall be totaled and the betting interest with the: Highest number of points shall be considered to have finished first; Second highest number of points shall be considered to have finished second; Third highest number of points shall be considered to have finished third; and All subsequent places shall be awarded accordingly. Any ties for the places determined under §C(4) of this regulation shall be broken by awarding the place for which the betting interests tied to the betting interest with the greatest number of: First place finishes; Second place finishes, if a tie still exists after applying the provisions of §C(5)(a) of this regulation; and Finishers at the next lower finishing position, down to nine, if a tie still exists after applying the provisions of §C(5)(a) and (b) of this regulation. If, at the end of the process described under §C(5) of this regulation, the tie is not broken, the betting interests tied shall be considered to have finished in a dead heat. The Ocean High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Ocean High Five wagering is offered. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted. The Ocean High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Ocean High Five shall be calculated as an entirely separate pool. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on Ocean High Five tickets. Ocean High Five wagering may be conducted on a race that has at least seven separate wagering interests. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be: Carried over to the next qualifying race offering Ocean High Five wagering; and Combined with the Ocean High Five net pool for that race to determine the applicable payout. Distribution. The entire Ocean High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Ocean High Five wagering on one race that day. If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order. If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race. If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of all tickets. If, for any reason, there is not a mandatory distribution of the Ocean High Five carryover as provided in §F of this regulation, the Ocean High Five carryover shall be: Placed into an interest bearing account as approved by the Commission; and With accrued interest, added to the Ocean High Five pool of the next race meet held by a racing association where Ocean High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Ocean High Five pool carryover was generated. If a dead heat, or heats, occur in a race on which there is Ocean High Five wagering: A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and Any selection in an Ocean High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection. In the event of a scratch in an Ocean High Five race: Exchanges may not be made; and All tickets that include the scratched horse shall be refunded. Coupled entries are permitted, but fields are prohibited in Ocean High Five races. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4 / 5, then the finishers used for that race in the Ocean High Five would be 1 / 2 / 3 / 4 / 5. Sale. Ocean High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of tickets from one individual to another is prohibited and is grounds for ejection. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager. The Survivor Bet is a contract by the purchaser of a ticket selecting the first place finisher in each of ten contests. Subject to Commission approval, the racing association shall establish the takeout and minimum amount for a bet on The Survivor Bet. The Survivor Bet wagering pool shall be distributed using the following method: The Survivor Bet wager requires the ticket holder to correctly select the winner of each sequential leg in order to remain alive in the pool. If at any time there is only one ticket remaining which has correctly selected the winner in each leg contested to that point, then the pool is at an end and that ticket is the winner regardless of whether the remaining legs result in winning selections. If at any time there are multiple tickets remaining which correctly selected the winner in each leg contested to that point but none of those correctly select the winner of the subsequent leg, then the pool is at an end and those tickets are the winners regardless of whether the remaining legs result in winning selections. Each of these tickets shall be apportioned a payout. If all ten contests are completed and there are multiple tickets which correctly selected the winner in each leg, then those tickets are the winners. Each of these tickets shall be apportioned a payout. The net Survivor pool shall be distributed as a single price pool to those who sequentially selected the first place finishers in the greatest number of Survivor contests, based on the official order of finish. All winning payouts shall be made after the conclusion of the tenth contest. If there are no winning wagers, the entire pool shall be refunded. If there is a dead heat for first in any of the Survivor contests involving: Contestants representing the same betting interests, the Survivor pool shall be distributed as if no dead heat occurred. Contestants representing two or more betting interests, the Survivor pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit. Should a betting interest in any of the Survivor pools be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest, for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number; The tote company shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination. The Survivor Bet shall be canceled and all Survivor Bet wagers for the individual performance shall be refunded if all races included in the Survivor Bet pool are canceled or declared “no contest”. If at least one contest included as part of the Survivor Bet is canceled or declared a “no contest”, the net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Survivor contests for that performance. A “no contest” race is not to be considered as a contested race. The Survivor Bet will advance all tickets that remained alive in the previous leg of the pool. Subject to Commission approval, an association may contribute a sum of money up to the amount approved by the commission to the Survivor pool. The Jackpot Super High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Jackpot Super High Five wagering is offered, where, unless otherwise provided, only one, unique pari-mutuel ticket holder designates the official order of finish for the first five horses. Payment of the ticket shall be made only to the purchaser of the single, unique pari-mutuel ticket who has selected the same order of finish as officially posted. The Jackpot Super High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Jackpot Super High Five shall be calculated as an entirely separate pool. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on the Jackpot Super High Five tickets. Jackpot Super High Five wagering may be conducted on a race that has at least seven separate wagering interests. Except as provided in §H of this regulation, the net pari-mutuel pool for the Jackpot Super High Five bet on a qualifying race that day, together with any carryover from previous pools of the same type of bet, shall be distributed to the holder of the single, unique pari­mutuel ticket which correctly designates the official order of finish for the first five horses in the Jackpot Super High Five wager for that race on that day. In the event there is more than one pari-mutuel ticket which correctly designates the official order of finish for the first five horses in the Jackpot Super High Five bet for that race on that day, the net pari-mutuel pool for the Jackpot Super High Five bets that day shall be distributed: 50 percent, equally, to the holders of pari-mutuel tickets which correctly designate the official order of finish for the first five horses in the Jackpot Super High Five bet for that race on that day; and 50 percent to the Jackpot Super High Five carryover pool. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be: Carried over to the next qualifying race offering Jackpot Super High Five wagering; and Combined with the Jackpot Super High Five net pool for that race to determine the applicable payout. Mandatory Distribution. The entire Jackpot Super High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Jackpot Super High Five wagering on a qualifying race that day. If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order. If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order. If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race. If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of all tickets. If, for any reason, there is not a mandatory distribution of the Jackpot Super High Five carryover as provided in §H of this regulation, the Jackpot Super High Five carryover shall be: Placed into an interest bearing account as approved by the Commission; and With accrued interest, added to the Jackpot Super High Five pool of the next race meet held by a racing association where Jackpot Super High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Jackpot Super High Five pool carryover was generated. If fewer than five betting interests finish and the contest is declared official, payoffs will be made based on the order of finish of those betting interests completing the contest. The balance of any selection on any ticket beyond the number of betting interests completing the contest shall be ignored. Any previous Jackpot Super High Five contest’s carryover will not be included in the payoff and will be retained for the next contest’s carryover. If a dead heat, or heats, occur in a race on which there is Jackpot Super High Five wagering: A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and Any selection in a Jackpot Super High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection. In the event of a scratch in a Jackpot Super High Five race: Exchanges may not be made; and All tickets that include the scratched horse shall be refunded. Coupled entries are permitted, but fields are prohibited in Jackpot Super High Five races. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4, 5, then the finishers used for that race in the Super High Five would be 1 / 2 / 3 / 4 / 5. Sale. Jackpot Super High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket. Resale of tickets from one individual to another is prohibited and is grounds for ejection. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager. Business Regulation Article, §§11-210 and 11-634, Annotated Code of Maryland Effective date: All rules were in effect on 7/1/70, unless otherwise noted below: Regulation .01 amended as an emergency provision effective October 16, 1984 (11:22 Md. R. 1895); emergency status expired April 16, 1985; adopted permanently effective May 20, 1985 (12:10 Md. R. 960) Regulation .02 amended effective March 30, 1977 (4:7 Md. R. 579) Regulation .02C amended effective 6/15/79 (6:12 Md. R. 1048); repealed effective June 7, 1982 (9:11 Md. R. 1127) Regulation .03E: 8/3/72 Regulation .03P amended effective July 27, 1987 (14:15 Md. R. 1659) Regulation .03U amended effective January 2, 1984 (10:26 Md. R. 2340) Regulation .03W: 7/8/71 Regulation .03X adopted effective 6/15/79 (6:12 Md. R. 1048) Regulation .03Y adopted as an emergency provision effective January 23, 1990 (17:3 Md. R. 294); emergency status expired March 31, 1990; adopted permanently effective June 11, 1990 (17:11 Md. R. 1342) Regulation .04 repealed effective 1/1/78 (4:7 Md. R. 579) Regulation .07 amended effective 6/15/79 (6:12 Md. R. 1049) Regulation .08-1 adopted effective May 19, 1978 (5:10 Md. R. 781) Regulation .09K adopted effective March 30, 1977 (4:7 Md. R. 579) (adopted as COMAR 09.10.209.02) Regulation .10G adopted effective January 7, 1991 (17:26 Md. R. 2975) Regulation .11A amended effective March 30, 1977 (4:7 Md. R. 579) Regulation .11D amended 4/6/74; amended 4/16/75 (2:8 Md. R. 564); amended effective 9/23/77 (4:19 Md. R. 1467); 6/15/79 (6:12 Md. R. 1049); October 17, 1980 (7:21 Md. R. 1994); October 17, 1980 (7:21 Md. R. 1994); August 26, 1985 (12:17 Md. R. 1705) Regulation .11G amended as an emergency provision effective June 9, 1987 (14:14 Md. R. 1564) (Emergency provisions are temporary and not printed in COMAR) Regulation .11G amended effective 6/15/79 (6:12 Md. R. 1049); October 17, 1980 (7:21 Md. R. 1994); October 19, 1987 (14:21 Md. R. 2223); June 11, 1990 (17:11 Md. R. 1342) Regulation .11K adopted effective August 26, 1985 (12:17 Md. R. 1704); amended effective March 24, 1986 (13:6 Md. R. 681); March 6, 1989 (16:4 Md. R. 496) Regulation .11L adopted effective June 11, 1990 (17:11 Md. R. 1342) Regulation .12 amended effective October 6, 1978 (5:20 Md. R. 1499) Regulation .14C adopted effective March 30, 1977 (4:7 Md. R. 579) (adopted as COMAR 09.10.213.03) Regulation .15I adopted effective November 16, 1987 (14:23 Md. R. 2413) Regulation .17B amended effective May 19, 1978 (5:10 Md. R. 781) Regulation .19A amended effective January 1, 1978 (4:7 Md. R. 579) Regulation .21 amended as an emergency provision effective March 16, 1976 (3:8 Md. R. 424) Regulation .21 amended effective March 30, 1977 (4:7 Md. R. 579); January 7, 1982 (8:26 Md. R. 2105) Regulation .22 amended as an emergency provision effective May 24, 1989 (16:10 Md. R. 1101); emergency status extended at 16:23 Md. R. 2503 Regulation .22A amended effective October 15, 1990 (17:20 Md. R. 2425) Regulation .24A amended effective March 24, 1986 (13:6 Md. R. 681) Regulation .24B repealed effective March 30, 1977 (4:7 Md. R. 579) Regulation .24B adopted effective May 19, 1986 (13:10 Md. R. 1155) Regulation .24I amended effective February 28, 1983 (10:4 Md. R. 315) Regulation .25A amended effective 6/15/79 (6:12 Md. R. 1049) Regulation .31B: 8/14/71 Regulation .34 amended effective June 15, 1979 (6:12 Md. R. 1049); December 30, 1985 (12:26 Md. R. 2544) Regulation .35 repealed effective July 10, 1989 (16:13 Md. R. 1420) Regulation .36 repealed effective December 30, 1985 (12:26 Md. R. 2544) Regulation .37B amended effective 3/30/77 (4:7 Md. R. 579) Regulation .37F adopted effective December 30, 1985 (12:26 Md. R. 2544) Regulation .39I amended 9/9/74 (1:1 Md. R. 16) Regulation .41C repealed effective March 30, 1977 (4:7 Md. R. 579) Regulation .41G: 7/21/76 (3:15 Md. R. 790) Regulation .41J adopted as an emergency provision effective April 12, 1985 (12:9 Md. R. 806); emergency status expired September 1, 1985 Regulation .41J, K adopted effective October 7, 1985 (12:20 Md. R. 1924) Regulation .42: 10/29/75 (2:24 Md. R. 1481) Regulation .42: 7/21/76 (3:15 Md. R. 790) Regulation .43A—K: 7/22/72 Regulation .43C, F, L amended effective May 19, 1978 (5:10 Md. R. 781) Regulation .43L: 7/22/72; amended 5/1/74 Regulation .43M: 7/22/72 Regulation .43 amended effective January 28, 1985 (12:2 Md. R. 137); June 30, 1986 (13:13 Md. R. 1491); January 1, 1988 (14:26 Md. R. 2744); March 18, 1991 (18:5 Md. R. 594) Regulation .45C amended effective March 30, 1977 (4:7 Md. R. 579) Regulation .45F amended effective December 30, 1985 (12:26 Md. R. 2544) Regulation .49: 9/9/71 Regulation .50: 9/23/74 (1:1 Md. R. 16) Regulation .50C amended as an emergency provision effective March 9, 1978 (5:6 Md. R. 463); adopted permanently effective July 19, 1978 (5:14 Md. R. 1137) Regulation .52 adopted effective November 2, 1979 (6:22 Md. R. 1778); repealed effective December 20, 1982 (9:25 Md. R. 2479) Regulation .52 adopted as an emergency provision effective May 19, 1986 (13:12 Md. R. 1370); adopted permanently effective October 20, 1986 (13:21 Md. R. 2320) Regulation .53 adopted effective January 7, 1982 (8:26 Md. R. 2106); amended effective January 28, 1985 (12:2 Md. R. 137); June 30, 1986 (13:13 Md. R. 1491); January 1, 1988 (14:26 Md. R. 2744); May 15, 1989 (16:9 Md. R. 994); September 4, 1989 (16:17 Md. R. 1884); February 4, 1991 (18:2 Md. R. 149); March 18, 1991 (18:5 Md. R. 594) Regulation .54 adopted effective July 30, 1984 (11:15 Md. R. 1329); amended effective May 19, 1986 (13:10 Md. R. 1155) Regulation .55 adopted effective March 25, 1985 (12:6 Md. R. 595) Regulation .56 adopted as an emergency provision effective January 14, 1987 (14:2 Md. R. 124); emergency status expired May 15, 1987; adopted permanently effective July 27, 1987 (14:15 Md. R. 1660) Regulation .57 adopted as an emergency provision effective March 31, 1989 (16:8 Md. R. 904); emergency status expired October 31, 1989 Regulation .57 adopted as an emergency provision effective May 25, 1990 (17:14 Md. R. 1754); emergency status expired November 25, 1990 (Emergency provisions are temporary and not printed in COMAR) Chapter revised effective May 27, 1991 (18:10 Md. R. 1116) Regulation .01 amended effective January 16, 2006 (33:1 Md. R. 36) Regulation .02A, C, E amended effective May 27, 1991 (18:10 Md. R. 1116) Regulations .02—.06 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .02 adopted effective November 18, 1996 (23:23 Md. R. 1556) Regulation .03P amended effective October 1, 1992 (19:17 Md. R. 1656) Regulation .07 amended effective August 26, 1996 (23:17 Md. R. 1247) Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2198) Regulation .08C-1 adopted effective July 4, 1994 (21:13 Md. R. 1155) Regulation .08D amended as an emergency provision effective April 15, 1999 (26:10 Md. R. 793); amended permanently effective August 23, 1999 (26:17 Md. R. 1321) Regulation .08D—F amended effective October 12, 1992 (19:20 Md. R. 1814) Regulation .08F adopted effective October 7, 1996 (23:20 Md. R. 1421) Regulation .08G adopted as an emergency provision effective December 1, 2013 (40:26 Md. R. 2161); adopted permanently effective March 17, 2014 (41:5 Md. R. 342) Regulation .08H adopted as an emergency provision effective May 25, 2022 (49:13 Md. R. 686); adopted permanently effective September 19, 2022 (49:19 Md. R. 867) Regulations .09 and .10 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .10G amended effective October 1, 1992 (19:18 Md. R. 1656) Regulation .10H adopted effective March 16, 1992 (19:5 Md. R. 576) Regulation .11H amended effective October 14, 1991 (18:20 Md. R. 2198) Regulation .11K amended as an emergency provision effective September 23, 1991 (18:21 Md. R. 2301); amended permanently effective March 16, 1992 (19:5 Md. R. 576) Regulation .11L amended as an emergency provision effective February 15, 1991 (18:5 Md. R. 591); amended permanently effective July 8, 1991 (18:13 Md. R. 1481) Regulation .11 repealed effective January 2, 1994 (20:26 Md. R. 2026) Regulations .12 and .13 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .15 amended effective May 10, 1993 (20:9 Md. R. 778); February 13, 1995 (22:3 Md. R. 152); August 26, 1996 (23:17 Md. R. 1247) Regulation .16-1 adopted effective January 2, 1994 (20:26 Md. R. 2026) Regulation .18 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .18 adopted effective October 9, 1995 (22:20 Md. R. 1542) Regulation .19 amended effective April 10, 1995 (22:7 Md. R. 535); October 20, 1997 (24:21 Md. R. 1448); January 1, 2017 (43:21 Md. R. 1165) Regulation .19A amended effective January 1, 1992 (18:25 Md. R. 2750); January 1, 1996 (22:10 Md. R. 706) Regulation .19A amended as an emergency provision effective September 14, 1995 (22:20 Md. R. 1539); emergency status expired December 31, 1995; adopted permanently effective January 29, 1996 (23:2 Md. R. 94) Regulation .19A, C amended effective October 13, 2014 (41:20 Md. R. 1112) Regulations .20 and .21 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .24 amended effective March 22, 1999 (26:6 Md. R. 484) Regulation .24B amended effective October 9, 1995 (22:20 Md. R. 1542) Regulation .24I amended effective March 16, 1992 (19:5 Md. R. 576) Regulation .25B amended effective March 22, 1999 (26:6 Md. R. 484); March 23, 2020 (47:6 Md. R. 341) Regulation .25B amended as an emergency provision effective May 25, 2022 (49:13 Md. R. 686); amended permanently effective September 19, 2022 (49:19 Md. R. 867) Regulation .26 amended effective May 10, 1993 (20:9 Md. R. 778) Regulation .28 repealed effective February 24, 1997 (24:4 Md. R. 291) Regulation .29 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .31 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .33B amended effective December 18, 1995 (22:25 Md. R. 1961) Regulation .33H amended effective May 22, 1995 (22:10 Md. R. 706); November 27, 2000 (27:23 Md. R. 2147); March 4, 2002 (29:4 Md. R. 416); September 19, 2022 (49:19 Md. R. 867) Regulation .33I amended effective May 22, 1995 (22:10 Md. R. 706) Regulation .33J adopted as an emergency provision effective April 24, 1992 (19:8 Md. R. 800); adopted permanently effective September 14, 1992 (19:18 Md. R. 1656) Regulation .36 adopted effective March 1, 1995 (21:26 Md. R. 2185) Regulation .36D amended effective January 16, 2006 (33:1 Md. R. 36) Regulation .37A—F amended and I, J adopted effective October 24, 1994 (21:21 Md. R. 1813) Regulation .37D repealed effective August 26, 1996 (23:17 Md. R. 1247) Regulation .37H amended effective September 27, 1993 (20:19 Md. R. 1471) Regulation .39 repealed and new Regulation .39 adopted effective January 29, 1996 (23:2 Md. R. 94) Regulation .39B amended effective July 29, 1996 (23:15 Md. R. 1087) Regulation .40 amended effective February 17, 1992 (19:3 Md. R. 303) Regulation .40 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .41D, E repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .42 repealed effective April 10, 1995 (22:7 Md. R. 595) Regulation .43 amended as an emergency provision effective July 1, 1991 (18:14 Md. R. 1604); amended permanently effective September 16, 1991 (18:18 Md. R. 2004) Regulation .43A amended effective October 1, 1992 (19:18 Md. R. 1656) Regulation .43F-2 and K amended effective October 12, 1992 (19:20 Md. R. 1814) Regulation .43L amended effective January 18, 1993 (20:1 Md. R. 26) Regulation .43 repealed and new Regulation .43 adopted effective October 6, 1997 (24:20 Md. R. 1403) Regulation .43 amended as an emergency provision effective January 1, 2005 (32:1 Md. R. 24); amended permanently effective March 28, 2005 (32:6 Md. R. 635) Regulation .43 amended as an emergency provision effective July 20, 2009 (36:17 Md. R. 1309); amended permanently effective November 16, 2009 (36:23 Md. R. 1816) Regulation .43 amended effective July 30, 2018 (45:15 Md. R. 724); November 1, 2024 (51:19 Md. R. 854) Regulation .43C amended effective December 24, 2012 (39:25 Md. R. 1611) Regulation .43E amended effective October 24, 2005 (32:21 Md. R. 1707) Regulation .43F amended effective April 16, 2001 (28:7 Md. R. 689); October 24, 2005 (32:21 Md. R. 1707) Regulation .43K amended effective September 21, 2009 (36:19 Md. R. 1436); June 8, 2015 (42:11 Md. R. 723); November 19, 2018 (45:23 Md. R. 1070) Regulation .43Q amended as an emergency provision effective February 1, 2002 (29:3 Md. R. 213); amended permanently effective May 27, 2002 (29:10 Md. R. 826) Regulation .43Q, U amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1226); amended permanently effective October 14, 2013 (40:20 Md. R. 1651) Regulation .43U amended effective May 8, 2006 (33:9 Md. R. 796); June 8, 2015 (42:11 Md. R. 723) Regulation .45A amended effective May 22, 1995 (22:10 Md. R. 706) Regulation .45F amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1362); amended permanently effective July 31, 2006 (33:15 Md. R. 1279) Regulation .45U amended effective March 16, 1992 (19:5 Md. R. 576) Regulation .46B amended effective March 16, 1992 (19:5 Md. R. 576) Regulation .50C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .50H amended and H-1 adopted as an emergency provision effective May 1, 1992 (19:8 Md. R. 799); amended permanently effective September 14, 1992 (19:18 Md. R. 1656) Regulation .50K repealed effective March 13, 1995 (22:5 Md. R. 366) Regulation .51 repealed effective March 2, 1999 (26:6 Md. R. 484) Regulation .52C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .53D amended effective October 12, 1992 (19:20 Md. R. 1814); January 18, 1993 (20:1 Md. R. 26); August 14, 1995 (22:16 Md. R. 1220) Regulation .53D and E amended as an emergency provision effective February 7, 1992 (19:4 Md. R. 467); amended permanently effective March 16, 1992 (19:5 Md. R. 576) Regulation .53D, G amended as an emergency provision effective July 1, 1991 (18:14 Md. R. 1604); amended permanently effective October 14, 1991 (18:20 Md. R. 2198) Regulation .53F amended effective January 18, 1993 (20:1 Md. R. 26) Regulation .53G, H amended effective August 17, 1992 (19:16 Md. R. 1473) Regulation .53J amended effective October 12, 1992 (19:20 Md. R. 1814) Regulation .53J amended as an emergency provision effective May 25, 1995 (22:12 Md. R. 896); emergency status expired September 25, 1995 Regulation .53 repealed and new Regulation .53 adopted effective October 6, 1997 (24:20 Md. R. 1403) Regulation .53 amended as an emergency provision effective January 1, 2005 (32:1 Md. R. 24); amended permanently effective March 28, 2005 (32:6 Md. R. 636) Regulation .53 amended as an emergency provision effective January 1, 2005 (32:1 Md. R. 24) Regulation .53 amended as an emergency provision effective July 20, 2009 (36:17 Md. R. 1309); amended permanently effective November 16, 2009 (36:23 Md. R. 1816) Regulation .53 amended effective July 30, 2018 (45:15 Md. R. 724); November 1, 2024 (51:19 Md. R. 854) Regulation .53C amended as an emergency provision effective February 12, 1998 (25:5 Md. R. 366); amended permanently effective May 4, 1998 (25:9 Md. R. 678) Regulation .53D amended effective April 16, 2001 (28:7 Md. R. 689) Regulation .53E amended effective March 23, 2020 (47:6 Md. R. 341) Regulation .53I amended effective October 24, 2005 (32:21 Md. R. 1707) Regulation .53J amended effective April 16, 2001 (28:7 Md. R. 689); October 24, 2005 (32:21 Md. R. 1707) Regulation .53O amended effective September 21, 2009 (36:19 Md. R. 1436); June 8, 2015 (42:11 Md. R. 723); November 19, 2018 (45:23 Md. R. 1070) Regulation .53T—V amended as an emergency provision effective February 1, 2002 (29:3 Md. R. 213); amended permanently effective May 27, 2002 (29:10 Md. R. 826) Regulation .53U amended effective May 8, 2006 (33:9 Md. R. 796) Regulation .53U, AA amended as an emergency provision effective July 1, 2013 (40:15 Md. R. 1226); amended permanently effective October 14, 2013 (40:20 Md. R. 1651) Regulation .53AA amended effective May 8, 2006 (33:9 Md. R. 796); June 8, 2015 (42:11 Md. R. 723) Regulation .53-1 adopted effective October 14, 2013 (40:20 Md. R. 1651) Regulation .53-1G amended effective July 30, 2018 (45:15 Md. R. 724); November 19, 2018 (45:23 Md. R. 1070) Regulation .54-1 adopted effective October 6, 1997 (24:20 Md. R. 1403) Regulation .55C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .56C repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .56Q amended and Q-1 adopted as an emergency provision effective May 1, 1992 (19:8 Md. R. 800); adopted permanently effective September 14, 1992 (19:18 Md. R. 1656) Regulation .56T adopted as an emergency provision effective November 6, 1992 (19:24 Md. R. 2124); emergency status expired November 7, 1992 Regulation .56 repealed and new Regulation .56 adopted effective November 18, 1996 (23:23 Md. R. 1556) Regulation .57 adopted as an emergency provision effective November 15, 1993 (20:25 Md. R. 1936); emergency status expired May 1, 1994 Regulation .57 adopted effective February 23, 1998 (25:4 Md. R. 243) Regulation .57 amended effective March 20, 2000 (27:5 Md. R. 583); July 9, 2001 (28:13 Md. R. 1215) Regulation .57 amended as an emergency provision effective July 17, 2006 (33:16 Md. R. 1362); amended permanently effective July 31, 2006 (33:15 Md. R. 1280) Regulation .58 adopted effective February 23, 1998 (25:4 Md. R. 243) Regulation .58B repealed effective October 9, 2006 (33:20 Md. R. 1615) Regulation .59 adopted effective October 1, 2001 (28:19 Md. R. 1684) Regulation .60 adopted effective July 30, 2018 (45:15 Md. R. 724) Regulation .60F amended effective May 2, 2022 (49:9 Md. R. 531) Regulation .61 adopted effective July 30, 2018 (45:15 Md. R. 724) Regulation .62 adopted effective April 19, 2021 (48:8 Md. R. 308) Regulation .62H amended effective May 2, 2022 (49:9 Md. R. 531) The definitions set forth in Business Regulation Article, §11-210, Annotated Code of Maryland, apply in this chapter, unless otherwise noted. In addition, the following terms have the meanings indicated. “ARCI” means the Association of Racing Commissioners International, Inc., a trade organization of the official governing rule making bodies for horse racing in North America with pari-mutuel betting. “Drug” means a substance which may have a pharmacological effect on a horse, and: Which does not exist naturally in the untreated horse at a normal physiological concentration; Is defined as a controlled dangerous substance under Criminal Law Article, §5-101, Annotated Code of Maryland; Is intended to be used for the diagnosis, cure, mitigation, treatment, or prevention of diseases affecting a human or other animal; Other than food, is intended to affect the structure or a function of the body of a human or other animal; Is intended for use as a component of an item specified in §B(2)(a)—(d) of this regulation; or Includes the detection of two or more non-steroidal anti-inflammatory drugs in blood plasma or urine or both. “Judges” means those individuals appointed by the Commission to enforce the regulations of the Commission at a harness race track. “State” means the State of Maryland. “Stewards” means those individuals appointed by the Commission to enforce the regulations of the Commission at a thoroughbred race track. The use of the following medications and other substances is permitted if quantitated at not more than the specified thresholds: Acepromazine quantitated at not more than 10 nanograms per milliliter of HEPS in urine; Albuterol quantitated at not more than 1 nanogram per milliliter of urine; Butorphanol quantitated at not more than 300 nanograms per milliliter of total butorphanol in urine, or 2 nanograms per milliliter of free butorphanol in blood plasma or serum; Caffeine quantitated at not more than 100 nanograms per milliliter of blood plasma or serum; Cetirizine quantitated at not more than 6 nanograms per milliliter of blood plasma or serum; Cimetidine quantitated at not more than 400 nanograms per milliliter of blood plasma or serum; Cobalt quantitated at not more than 25 nanograms per milliliter of blood plasma or serum; Dantrolene qunatitated at not more than 100 picrograms per milliliter of 5-hydroxydantrolene in blood plasma or serum; Detomidine quantitated at not more than 2 nanograms per milliliter of carboxydetomidine in urine, or 1 nanogram of detomidine per milliliter of blood plasma or serum; Dimethlysulfoxide (DMSO) quantitated at not more than 10 micrograms per milliliter of blood plasma or serum; Flunixin quantitated at not more than 5 nanograms per milliliter of blood plasma or serum; Furosemide (Lasix), as provided in Regulation .08 of this chapter; Gamma aminobutyric acid quantitated at not more than 110 nanograms per milliliter of blood plasma or serum; Glycopyrrolate quantitated at not more than 3 picograms per milliliter of blood plasma or serum; Guaifenesin quantitated at not more than 12 nanograms per milliliter of blood plasma or serum; Ketoprofen quantitated at not more than 2 nanograms per milliliter of blood plasma or serum; Lidocaine quantitated at not more than 20 picograms per milliliter of total 3-hydroxylidocaine in blood plasma or serum; Mepivacaine quantitated at not more than 10 nanograms per milliliter of total hydroxymepivacaine in urine, or the limit of detection of mepivacaine in blood plasma or serum; Methocarbamol quantitated at not more than 1 nanogram per milliliter of blood plasma or serum; Methylprednisolone quantitated at not more than 100 picograms per milliliter of blood plasma or serum; Omeprazole quantitated at not more than 10 nanograms per milliliter of blood plasma or serum; Phenylbutazone quantitated at not more than 0.3 micrograms per milliliter of the blood plasma or serum; Procaine Penicillin quantitated at not more than 25 nanograms per milliliter of blood plasma or serum; Ranitidine quantitated at not more than 40 nanograms per milliliter of blood plasma or serum; Xylazine quantitated at not more than 200 picigrams per milliliter of blood plasma or serum; Nandrolone quantitated at not more than 1 nanogram per milliliter of urine taken from a gelding, filly, or mare; Boldenone quantitated at not more than 15 nanograms per milliliter of urine taken from a colt or horse; Testosterone quantitated at not more than 20 nanograms per milliliter of urine taken from a gelding; and Testosterone quantitated at not more than 55 nanograms per milliliter of urine taken from a filly or mare. The health and medical record of a horse shall include the name of the horse and all medications, drugs, substances, or procedures administered by an individual or prescribed or administered by a veterinarian for up to the previous 3 years. In addition to a specific sanction applicable to a particular violation, an individual found by the: Stewards or judges to have violated a provision of this chapter may be subject to: A fine of up to $2,500; The suspension of any license issued by the Commission for a period of up to 360 days; and Referral to the Commission for additional sanctions if the stewards or judges determine that a greater sanction is warranted than they are empowered to impose; and Commission to have violated a provision of this chapter may be subject to: A fine of up to $5,000; The suspension or revocation of any license issued by the Commission; and Certain conditions of licensure as imposed by the Commission. Multiple Medication Violations. A trainer who receives a penalty for a medication violation based upon a horse testing positive for a Class 1—5 medication with Penalty Class A—C, as provided in the most recent version of the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances, shall be assigned points as follows: The points assigned to a medication violation by the stewards or judges shall not be applied until a final adjudication of the enforcement of any such violation. A trainer’s cumulative points for violations in all racing jurisdictions shall be maintained by the Association of Racing Commissioners International. Once all appeals are waived or exhausted, the points shall immediately become part of the trainer’s official record and shall be considered by the Commission in its determination to subject the trainer to the mandatory enhanced penalties by the stewards or judges as provided in this regulation. If the Stewards, Judges, or Commission determine that the violation is due to environmental contamination, they may assign fewer or no points against the trainer based upon the specific facts of the case. Multiple positive tests for the same medication incurred by a trainer prior to delivery of the official notice by the laboratory may be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the stewards or judges may treat each substance found as an individual violation for which points will be assigned. The stewards or judges shall consider all points for violations in all racing jurisdictions as contained in the trainer’s official record when determining whether the mandatory enhancements provided in this regulation shall be imposed. In addition to the penalty for the underlying offense, the following penalty shall be imposed upon a licensed trainer based upon the cumulative points contained in their official record: Multiple medication points are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee: Has more than one violation for the relevant time period; and Exceeds the permissible number of points. The suspension periods, as provided in §C(6) of this regulation, shall run consecutive to any suspension imposed for the underlying offense. The stewards’ or judges’ ruling shall distinguish between the penalty for the underlying offense and any penalty based upon a steward’s or judge’s review of a the trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case. Points assigned to a trainer for a medication violation shall expire on the anniversary date of the date the suspension is completed as follows: Except as provided in §A(14) of this regulation, the following acts are prohibited if committed on the grounds of a facility under the jurisdiction of the Commission, if they affect a race conducted live in this State, or if they affect the betting on a race in this State: 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; Entering, or knowingly aiding and abetting in the entering of, a horse ineligible or unqualified to race; Participating in any improper, corrupt, or fraudulent act or practice in relation to racing; Causing, attempting to cause, or any participation in an attempt to cause the pre-arrangement of a race result; Soliciting bets on a horse from the public by a licensee either by correspondence or other methods; Using or possessing a battery, buzzer, electrical device, or other appliance, other than an ordinary whip, which could be used to alter the speed or racing condition of a horse in a race or workout; Using profane, abusive, or insulting language to employees of the Commission, employees of a facility under the jurisdiction of the Racing Commission, or the public; Being in an intoxicated state; Fighting or other conduct of a disorderly nature; Using or possessing a deadly weapon; Committing or participating in the commission of a criminal act; Violating a regulation or condition of the Commission or aiding or abetting a person in the violation of a regulation or condition of the Commission; Failing to comply with an order or ruling of a steward, judge, or other racing official pertaining to a racing matter; Cruelty to a horse wherever committed; Tampering, or attempting to tamper, with a horse for any purpose; Transferring, or attempting to transfer, the ownership of a horse for a purpose other than its legitimate sale or lease; Registering a horse under the name of a person other than the legitimate owner or lessee of the horse; Making false or misleading statements to a racing official or submitting false or misleading statements on a license application; Except as otherwise provided in this regulation, using or possessing, actually or constructively, any of the following items: A drug, or A hypodermic needle, hypodermic syringe, or other device which could be used for injection; Using or possessing the ingredients or the paraphernalia associated with the forced feeding to a horse of a combination of baking soda and sugar, or a form of sugar, or administrating a substance by tubing within 24 hours of a racing program in which a horse is scheduled to race; The possession or administration of Erythropoietin or any analogous substance that increases the oxygen-carrying capacity of the blood; and Failing to report the knowledge of a violation of this regulation to the stewards, judges, or the Commission. The use or possession of the items listed in §A(19)(a) and (b) of this regulation is permissible if the: Item is possessed or used for a legitimate purpose by a licensed veterinarian; Item is possessed or used pursuant to a valid prescription or order from a medical practitioner while acting in the course of the practitioner's professional practice; or Stewards or judges, in their discretion, grant permission authorizing the possession or use of the item. The use of a shockwave therapy device is prohibited unless: The device is registered with the Commission Veterinarian; The device is used by a licensed veterinarian; The device is used on a horse at least 10 days before the horse participates in a race or workout; and Each use of the device is reported to the stewards on a daily medication report as provided in COMAR 09.10.01.47K and COMAR 09.10.02.39F(3) and (4). Other than Lasix administered in accordance with the regulations in this chapter, an individual may not administer, cause to be administered, participate, or attempt to participate in any way in the administration of any drug or medication to a horse: During the 24-hour period before the scheduled post time for the race in which the horse is to participate; and Until after the race in which the horse is programmed to participate is run. A horse participating in a race may not carry in its body: A drug; or A medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter. The presence of a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in the post-race urine, blood, or other sample taken from a horse is prima facie evidence that the: Horse was administered a drug and carried the drug in its body during the race; and Drug was administered by the person or persons having control, care, or custody of the horse. The presence of a drug, as defined in Regulation .01B(1)(a)(i) of this chapter, in a prerace blood sample taken from a horse that participated in a race, is prima facie evidence that the: Horse was administered a drug and carried the drug in its body during the running of the race; and Drug was administered by the person or persons having control, care, or custody of the horse. Trainer Responsibility. A trainer is the absolute insurer of, and responsible for, the condition of each horse the trainer enters in a race, regardless of the acts of third parties. Enforcement. The stewards or judges may order the: Post-race taking of urine, blood, or other samples for testing purposes from any horse which participated in a race; Prerace taking of blood samples for testing purposes from any horse entered in a race to determine the presence of a drug, as defined in Regulation .01B(1)(a)(i) of this chapter; Denial, forfeiture, and prompt return of a purse, sweepstakes, trophy, or any other reward received by the owner of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race; Redistribution of the items denied, forfeited, and returned, resulting from the disqualification of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, to those owners whose horses were advanced by the disqualification. If the stewards or judges order a disqualification due to a horse having carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, they shall issue a ruling announcing the disqualification. Repeat Violations. An individual guilty of violating this regulation, or a comparable regulation of another racing jurisdiction, for the second time is considered a repeat offender, and the stewards, judges, or the Commission shall weigh this factor in determining a sanction. Drug Testing. The stewards or judges may direct a licensee to deliver a specimen of urine, or submit to another noninvasive test, in the presence of the track physician or other representative appointed by the Commission, for the detection of an impermissible drug, using as a basis for this directive: Reasonable cause for any licensee; or Random selection for a licensee who: As part of the licensee's duties and responsibilities, comes into contact with a horse; or Is employed by the association as a part of the security force in the backstretch area of the racetrack. Random drug testing, as provided by §A(1)(b) of this regulation, may be accomplished by the: Testing of all licensees in a category of licensure; Selection by lottery of licensees within a category of licensure; or Selection of licensees who have a documented, or otherwise verified, history of prior drug use within the previous 5 years. For the purposes of §A(2)(c) of this regulation, the stewards or judges may not direct a licensee to submit to a drug test more than once in a calendar week. A sufficient quantity of the specimen shall be collected to provide for a split sample when possible. Refusal to submit a specimen as directed by the stewards, judges, or designated Commission representative without good cause shall subject an individual to disciplinary action as provided in this chapter, and the individual may not be permitted to continue to function in the individual's licensed capacity pending a hearing on the matter. The presence of a drug or the metabolite of a drug in a specimen is considered a positive specimen, unless it is determined by the stewards, judges, or the Commission that the presence of a drug or the metabolite of a drug in a specimen was not due to purposeful use by the licensee. An individual whose specimen is positive is subject to an evaluation and disciplinary action as provided in this regulation. Disciplinary Action and Evaluation. For an individual's initial violation under this regulation, the individual shall be suspended until such time as the individual has been professionally evaluated. If the professional evaluation indicates that the individual's condition is nonaddictive and not detrimental to the best interests of racing, the suspension shall be lifted after the individual: Provides the results of a drug test which indicates that the individual presently is drug free; and Agrees to submit to drug testing at the direction of the stewards, judges, or designated Commission representative to ensure a continuing drug-free condition. If the professional evaluation indicates that the individual's condition is addictive or detrimental to the best interests of racing, the suspension remains in effect until such time as the individual: Provides documented proof of successfully completing a certified drug rehabilitation program approved by the Commission; Provides the results of a drug test which indicates that the individual presently is drug free; and Agrees to submit to drug testing at the direction of the stewards, judges, or designated Commission representative to ensure a continuing drug-free condition. For an individual's second violation under this regulation, the individual shall be suspended for an indefinite period and may apply for reinstatement only in the discretion of the Commission following completion of a certified drug rehabilitation program approved by the Commission. The stewards, judges, or a designated Commission representative may direct a licensee to submit to a noninvasive alcohol detection test for the detection of an impermissible level of alcohol, using as a basis for this order: Reasonable cause for any licensee; or Random selection for a licensee who, as part of the licensee's duties and responsibilities, comes into contact with a horse. A test which shows a reading of more than 0.05 percent alcohol in the blood subjects the licensee to disciplinary action, and the licensee is not permitted to continue to perform in a licensed capacity on that racing day. A licensee who refuses to take an alcohol detection test as directed by the stewards, judges, or designated Commission representative is subject to disciplinary action, and the licensee is not permitted to continue to perform in a licensed capacity on that racing day. The stewards, judges, or designated Commission representatives have the right to enter into or upon the buildings, stables, rooms, automobiles, or any other place within the grounds of a facility under the jurisdiction of the Commission for the purpose of examining them, as well as the personal property and effects of a licensee contained there for the purpose of searching for, and the seizure of, items that constitute evidence of a violation of this chapter. An individual who has been granted a license by the Commission, by accepting the license, consents to a search and seizure as provided in §A of this regulation. A licensee who refuses to permit a search may be disciplined. The administration of Lasix to a horse is permissible, except as set forth in §A-1 of this regulation, if: The administration of Lasix is recommended by a practicing veterinarian; The recommendation is submitted to the State Veterinarian in writing; and The trainer declares the use of Lasix at the time of entry. No 2-year-old thoroughbred horse or any thoroughbred horse scheduled to compete in a graded stakes race may be administered Lasix (furosemide) within 48 hours of the post time at which it is scheduled to run. A Commission veterinarian is responsible for maintaining up-to-date records of horses which are permitted to use Lasix, and these records shall be available for inspection during the hours of operation of a race track. If a horse has been observed by a Commission veterinarian to have bled from at least one nostril during the running of a race or workout, either on the racing strip or in the barn area, that horse may not be permitted to race for a period of 14 days. If a horse has been observed to have bled as described under §C of this regulation within 365 days of the first occurrence, that horse: May not race for 30 days after the first reoccurrence; May not race for 180 days after the second reoccurrence; and Is banned from racing forever after the third reoccurrence. For the purpose of counting the number of days a horse is not permitted to race in this State under this section, the day the horse bled is the first day, and the horse shall be permitted to race in this State when the last day has expired. Race Day Administration of Lasix. Unless a horse has been declared off of Lasix pursuant to §G of this regulation, a horse that is permitted to use Lasix shall be administered Lasix on the day of the race only by a veterinarian designated by the Commission to perform such a function. As indicated by post-race quantitation, a horse may not carry in its body at the time of the running of a race not more than 100 nanograms of Lasix per milliliter of plasma or serum. Reports. The veterinarian who administers Lasix to a horse scheduled to race shall prepare a written certification indicating that Lasix was administered. The written certification shall be in the possession of a designated Commission representative at least 1 hour before the horse is scheduled to race. The stewards or judges shall order a horse scratched if the written certification is not received in a timely manner. Racing Off of Lasix. Except for a horse that races in any jurisdiction where the rules of the regulatory authority or the conditions of the race established by the racing association do not permit the use of Lasix, a horse on the Lasix Program that races without Lasix in any jurisdiction which permits the use of Lasix may not be eligible for its use for a period of 60 days. To become eligible after 60 days, the horse shall have been observed to have bled by a Commission veterinarian either: Externally; or By endoscopic examination. Program Notice. Of the horses scheduled to race, the official program shall denote the horses which have been administered: Lasix; and Lasix for the first time. If the official program contains past performance lines, each past performance line shall indicate if the horse was administered. The stewards or judges may designate a horse entered in a race to give a blood or urine sample, or both, before or following the race. At the conclusion of each race, urine and blood samples shall be collected from the winner of the race and any other horses that the Commission or stewards or judges may direct. The collection of the urine sample shall be performed by a Commission representative in the presence of the owner, trainer, or designated representative of the horse being tested. An authorized official designated by the Commission, in the presence of the owner, trainer, or designated representative and the Commission representative, shall verify the horse's identifying tattoo or microchip number before taking a blood sample from the horse. Failure to allow or cooperate in the taking of a sample, or any act or threat to impede, prevent, or otherwise interfere with the taking of a sample, constitutes a violation and subjects the licensee to sanctions as provided in this chapter. Urine. Except as provided in §F(2) of this regulation, after the Commission representative obtains the urine specimen from the horse, the Commission representative or the detention barn foreman shall split the specimen into two parts in the presence of the owner, trainer, or designated representative. One portion shall be delivered to the Commission laboratory for testing. The remaining portion shall be maintained in the detention barn until the stewards or judges direct its disposal. If the quantity of the urine specimen collected is insufficient to allow for proper testing, the specimen may not be split. Blood. After the horse has been washed down, an authorized official designated by the Commission shall extract two tubes of blood from the horse. Of the two tubes of blood drawn under §G(1) of this regulation, one shall be forwarded to the Commission laboratory for testing. The remaining tube of blood shall be maintained at the detention barn until the stewards or judges direct its disposal. If necessitated by an insufficient quantity of urine having been obtained, another tube of blood shall be drawn and forwarded to the laboratory. Split Samples. The Commission, together with the applicable association representing a majority of the owners and trainers racing in Maryland, shall designate laboratories to which split samples of urine and blood may be sent for confirmatory testing. Within 72 hours of being notified of a determination by the Commission laboratory that the testing of the blood or urine sample evidences the presence of a drug, the owner or trainer of the horse in question may request that the split sample of urine or blood, or both, be forwarded to one of the designated laboratories for confirmatory testing. Upon a request for confirmatory testing, before the split sample is forwarded to the designated laboratory, the owner or trainer and a representative of the Commission shall execute an agreement that binds the owner or trainer and the Commission to the designated laboratory's findings. If the owner or trainer declines to execute the agreement, the split sample may not be forwarded to the designated laboratory for confirmatory testing. After testing the split sample, if the designated laboratory: Does not confirm substantially the Commission laboratory's findings, then any allegations that the drug in question was in the horse's system at the time of the race shall be dismissed; or Confirms substantially the Commission laboratory's findings, then the finding shall be considered conclusive. If, for whatever reason, confirmatory testing is not possible, §H(1)—(4) of this regulation is of no effect. The owner or trainer requesting the confirmatory testing shall bear the costs of the confirmatory testing. The Commission may, at a reasonable time on any date, take blood, urine, or other biologic samples from a horse to ensure compliance with applicable medication and anti-doping standards set forth by the Association of Racing Commissioners International, Inc., as such standards may be amended and updated from time to time. The Commission shall own such samples. This regulation authorizes only the collection and testing of samples and does not independently make impermissible the administration to or presence in any horse of any drug or other substance. A race day prohibition or restriction of a substance by the Commission’s regulations is not applicable to an out-of-competition test, unless there is an attempt to race the horse in a manner that violates such regulations. Horses Eligible for Testing. Any horse that has been engaging in activities related to competing in horse racing in the State may be tested. This includes, without limitation, any horses that are training outside the State to participate in racing in the State, and all horses that are training in the State, but excludes weanlings, yearlings, and horses no longer engaged in horse racing (e.g., retired broodmares). A horse is presumed eligible for out-of-competition testing if: It is on the grounds at a racetrack or training center under the jurisdiction of the Commission; It is under the care or control of a trainer licensed by the Commission; It is owned by an owner licensed by the Commission; It is entered or nominated to race at a premises licensed by the Commission; It has raced within the previous 12 months at a premises licensed by the Commission; It is nominated to a program based on racing in the State. The presumptions set forth in this regulation are conclusive in the absence of evidence that a horse is not engaged in activities related to competing in horse racing in the State. Selection of Horses to Be Tested. Horses shall be selected for sampling by a Commission veterinarian, the Executive Director, an equine medical director, a steward, a presiding judge, or a designee of any of the foregoing. Horses may be selected to be tested at random, for cause, or as otherwise determined in the discretion of the Commission. Licensees of the Commission shall cooperate and comply fully with the provisions of this regulation. Individuals who apply for and are granted a trainer or owner license shall be deemed to have given their consent for access at such premises as their horse may be found for the purpose of Commission representatives collecting out-of-competition samples. Licensees shall take any steps necessary to authorize access by Commission representatives at such premises. Collection of Samples. Samples shall be taken under the supervision and direction of a person who is employed or designated by the Commission. All blood samples shall be collected by a veterinarian licensed in the State, or by a veterinary technician who is acting under appropriate supervision of the State-licensed veterinarian. Upon request of a representative of the Commission, the trainer, owner, or their specified designee shall provide the location of their horses eligible for out-of-competition testing. The Commission or its designees are not required to provide advance notice before arriving at any location, whether or not licensed by the Commission, to collect samples. The trainer, owner, or their specified designee shall fully cooperate with the person who takes samples for the Commission, including, but not limited to: Assisting in the immediate location and identification of the horse; Making the horse available as soon as practical upon arrival of the person who is responsible for collecting the samples; Providing a stall or other safe location to collect the samples; Assisting the person who is collecting samples in properly procuring the samples; and Witnessing the taking of samples including sealing of sample collection containers. The management and employees of a licensed racetrack or training facility at which a horse may be located shall cooperate fully with a person who is authorized to take samples. The person who collects samples for the Commission may require that the collection be done at a specified location on such premises. The Commission, if requested and in its sole discretion, may permit the trainer, owner, or their specified designee to present a horse that is located in the jurisdiction, but not at a racetrack or training center licensed by the Commission, to be sampled at a time and location designated by the Commission. The Commission may arrange for the sampling of an out-of-State horse by the Commission or the Commission’s designee if the horse is located in the State. The Commission or its designee shall follow the relevant provisions of this regulation. The test results shall be made available to the Commission, subject to any restrictions on public disclosure of test results that may apply to the Commission. The Commission, if requested and in its sole discretion, may permit the trainer or owner instead to transport the horse into the State for sampling at a time and place designated by the Commission. The individual who takes samples for the Commission shall provide identification and disclose the purpose of the sampling to the trainer or designated attendant of the horse. An owner or trainer does not consent to a search of the premises by making a horse that is not located at a racetrack or training center available for sampling. If the trainer or other custodian of a selected horse refuses or declines to make the horse available for sampling and the managing owner has previously provided the Commission with a means for the Commission to give immediate notification to the managing owner in such situation, then the Commission shall attempt to notify the managing owner and the eligibility of the horse shall be preserved if the managing owner is able to make the horse available for immediate sampling. The Commission is not required to make repeated attempts to notify the managing owner. The chain of custody record for the sample (including a split sample where appropriate) shall be maintained and made available to the trainer, owner, or their designee when a complaint results from an out-of-competition test. The Commission may have out-of-competition samples tested to produce information that may enhance the ability of the Commission to enforce its medication and anti-doping rules. An out-of-competition sample that is found to contain a prohibited substance may be adjudicated in the same manner as a post-race sample that is found to contain a prohibited substance. Split sample rules and procedures for post-race testing shall apply to out-of competition testing. The Commission may use any remaining sample for research and investigation. Willful failure to make a horse available for sampling or other willfully deceptive acts or interference in the sampling process shall constitute a violation of the Commission’s laws and regulations and may be subject to penalties available under the applicable laws and regulations. A selected horse that is presumed eligible for out-of-competition testing shall be placed on the Steward’s list and will be ineligible to race in the jurisdiction for 180 days if the horse is not sampled due to the trainer’s, owner’s or their designee’s assertion that the horse is not engaged in activities related to competing in horse racing in the State. This restriction does not apply if the trainer, owner, or their designee voluntarily allows an immediate collection of the samples from the horse. Business Regulation Article, §11-210, Annotated Code of Maryland Effective date: January 2, 1994 (20:26 Md. R. 2027) Regulation .01 amended as an emergency provision effective May 18, 2017 (44:12 Md. R. 585); emergency status expired September 1, 2017 Regulation .01 amended effective September 25, 2017 (44:19 Md. R. 896) Regulation .01B amended as an emergency provision effective October 27, 1995 (22:23 Md. R. 1794); emergency status expired April 1, 1996 Regulation .01B amended effective October 29, 2001 (28:21 Md. R. 1855); October 24, 2005 (32:21 Md. R. 1707) Regulation .01B amended as an emergency provision effective January 1, 2009 (35:24 Md. R. 2068); amended permanently effective February 23, 2009 (36:4 Md. R. 353) Regulation .01B amended effective October 15, 2012 (39:20 Md. R. 1306); January 1, 2014 (40:20 Md. R. 1651); December 19, 2016 (43:25 Md. R. 1384) Regulation .01B amended as an emergency provision effective February 1, 2020 (47:4 Md. R. 260); amended permanently effective May 18, 2020 (47:10 Md. R. 515) Regulation .01-1 adopted effective January 1, 2014 (40:20 Md. R. 1651) Regulation .01-1 amended effective October 13, 2014 (41:20 Md. R. 1112) Regulation .01-1 amended as an emergency provision effective May 24, 2016 (43:13 Md. R. 711); amended permanently effective October 24, 2016 (43:21 Md. R 1165) Regulation .01-1 amended as an emergency provision effective February 1, 2020 (47:4 Md. R. 260); amended permanently effective May 18, 2020 (47:10 Md. R. 515) Regulation .01-1 amended as an emergency provision effective November 1, 2021 (48:24 Md. R. 1024); adopted permanently effective February 7, 2022 (49:3 Md. R. 138) Regulation .01-1E-1 adopted as an emergency provision effective August 1, 2015 (42:16 Md. R. 1052); adopted permanently effective October 26, 2015 (42:21 Md. R. 1300) Regulation .01-1E repealed and Regulation 01-1E-1 renumbered to be new Regulation .01-1E effective March 1, 2021 (48:4 Md. R. 176) Regulation .01-1G amended effective March 26, 2018 (45:6 Md. R. 318) Regulation .01-1M-1 adopted effective February 29, 2016 (43:4 Md. R. 331) Regulation .01-2 adopted effective April 1, 2020 (47:6 Md. R. 341) Regulation .02 amended as an emergency provision effective January 1, 2015 (42:1 Md. R. 12); amended permanently effective February 16, 2015 (42:3 Md. R. 315) Regulation .02C amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .03A amended effective April 28, 2003 (30:8 Md. R. 539) Regulation .03C adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1807); adopted permanently effective April 28, 2003 (30:8 Md. R. 539) Regulation .03C amended effective August 15, 2005 (32:16 Md. R. 1392); December 28, 2020 (47:26 Md. R. 1107) Regulation .04 amended effective October 29, 2001 (28:21 Md. R. 1855); January 1, 2014 (40:20 Md. R. 1651) Regulation .04A amended effective July 4, 1994 (21:13 Md. R. 1155); April 22, 2019 (46:8 Md. R. 401) Regulation .04C amended effective October 6, 1997 (24:20 Md. R. 1403) Regulation .04D-1 adopted effective March 27, 2006 (33:6 Md. R. 578) Regulation .04G amended effective March 27, 2006 (33:6 Md. R. 578) Regulation .05A amended effective March 13, 1995 (22:5 Md. R. 366); October 30, 2000 (27:21 Md. R. 1974) Regulation .05D amended effective January 16, 1995 (22:1 Md. R. 19) Regulation .08 amended effective May 4, 1998 (25:9 Md. R. 678); November 30, 1998 (25:24 Md. R. 1772); October 29, 2001 (28:21 Md. R. 1855); September 30, 2002 (29:19 Md. R. 1523); October 24, 2005 (32:21 Md. R. 1707); January 1, 2014 (40:20 Md. R. 1651) Regulation .08A amended as an emergency provision effective July 31, 2020 (47:18 Md. R. 823); emergency status expired December 28, 2020 Regulation .08A amended effective December 28, 2020 (47:26 Md. R. 1107) Regulation .08A-1 adopted as an emergency provision effective July 31, 2020 (47:18 Md. R. 823); emergency status expired December 28, 2020 Regulation .08A-1 adopted effective December 28, 2020 (47:26 Md. R. 1107) Regulation .08G amended as an emergency provision effective March 15, 2021 (48:7 Md. R. 258); amended permanently effective June 28, 2021 (48:13 Md. R. 508) Regulation .08H amended effective January 16, 1995 (22:1 Md. R. 19) Regulation .08I amended effective October 9, 1995 (22:20 Md. R. 1542) Regulation .08I amended as an emergency provision effective October 27, 1995 (22:23 Md. R. 1794); emergency status expired April 1, 1996 Regulation .08I amended as an emergency provision effective April 2, 1996 (23:7 Md. R. 548); amended permanently effective August 26, 1996 (23:17 Md. R. 1247) Regulation .08J amended effective May 5, 1997 (24:9 Md. R. 656) Regulation .09D, G amended effective May 25, 2026 (53:10 Md. R. 454) Regulation .09H amended effective August 14, 1995 (22:16 Md. R. 1220) Regulation .10 adopted as an emergency provision effective May 18, 2017 (44:12 Md. R. 585); emergency status expired September 1, 2017 Regulation .10 adopted effective September 25, 2017 (44:19 Md. R. 896) In this subtitle, the following terms have the meanings indicated. Terms Defined. “A day” means the 24-hour period starting at 12 midnight. “A year” means a calendar year. The laws of this State and the regulations of the Commission supersede the conditions of a race and the rules of the association. The orders of the Commission, as well as the orders and rulings of the judges and stewards in matters pertaining to racing, supersede the orders of the officials of the association. Granting a License to Hold a Race Meeting. An association may file a brief with the Commission, setting forth reasons for desiring the dates contained in the association's application. The allotment of racing dates by the Commission pursuant to an application by an association for racing dates does not commit the Commission to the granting of a license to conduct a race meeting upon the dates so allotted. The Commission may grant a license to hold a race meeting to an association in accordance with the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland, subject to an application for racing dates having been filed with the Executive Director of the Commission, over the signature of an executive officer of the association desiring to hold racing. The application to hold a race meeting shall include the: Days on which live racing is to be held; Days on which simulcasting is to be held; Location at which racing is to take place; and Breed of horse to be raced. The Commission may suspend or revoke the license of an association if it disapproves of a change in the ownership of the association. Personal and Financial Background Investigation. The Commission shall conduct a personal and financial background investigation of any interested party negotiating for the purchase of: An entity which conducts racing in Maryland under the jurisdiction of the Maryland Racing Commission or operates a thoroughbred training facility under Business Regulation Article, §11-519, Annotated Code of Maryland; A majority controlling interest in the entity described under §C(1)(a) of this regulation; or Those assets without which the entity described under §C(1)(a) of this regulation would not be able to continue racing or stabling. If the interested party is an entity other than a real person, the personal and financial background investigation shall be conducted as to the negotiating entity and each real person with a controlling interest in the entity. An entity or real person who is the subject of the personal and financial background investigation shall fully cooperate with the Commission and provide any information requested by the Commission to conduct its investigation. The personal and financial background investigation shall include, but is not limited to, all of the following: A review by a certified public accountant of the certified financial statements of the negotiating party, including a review of any contingent liabilities and pledged assets, which review shall be sufficient to determine the financial ability of the negotiating party to purchase and maintain the racetrack being negotiated; Income statements, for at least a 2-year period preceding the proposed purchase, of the interested party negotiating for the purchase; A statement of financial condition and the related records of any corporation, association, partnership, proprietorship, or limited partnership in which the interested party negotiating for the purchase has at least a majority interest; The disclosure of all financial interests in horse racing; The disclosure of all persons, including corporations, trusts, estates, and partnerships, who are to be the new beneficial owners of the entity; A criminal background review; and A character review. The personal and financial background investigation required under §C(4) of this regulation shall be completed at least 30 days before the settlement date for the purchase and at least 30 days before any transfer of racing dates that may result directly from the purchase. Upon the completion of the personal and financial background investigation under §C(4) of this regulation, the Commission shall notify the Legislative Policy Committee of the proposed purchase, and, if applicable, the proposed transfer of racing dates, at least 15 days before the consideration of final approval by the Commission of the purchase or transfer. The cost of the personal and financial background investigation shall be borne by the owners of the entity to be sold. Denials of Licenses and Sanctions. The Commission may refuse to issue or renew a license, or may suspend or revoke a license issued by it, if it finds that the applicant or licensee: Has engaged in unethical or criminal conduct; Is associating or consorting with an individual who has been convicted of a crime in any jurisdiction; Is consorting or associating with, or has consorted with, a bookmaker, tout, or individual of similar pursuits; Is, or has been, operating as a bookmaker, tout, or a similar pursuit; Is not financially responsible; Has been engaged in, or attempted to engage in, any fraud or misrepresentation in connection with the racing or breeding of a horse; Assaults, or threatens to do bodily injury to, a member of the Commission or any of its employees or representatives or a member or employee of an association; Has engaged in conduct detrimental to racing; or Has violated, or attempted to violate: A law or regulation in any jurisdiction, including this State, or A condition imposed by the Commission. Instead of, or in addition to, suspending a license, the Commission may impose a fine not exceeding $5,000. In determining the penalty to be imposed, the Commission shall consider the: Seriousness of the violation; Harm caused by the violation; Good faith or lack of good faith of the licensee; and Licensing history of the licensee. The Commission may require an association to submit periodic reports, reviewed by a certified public accountant, as to the: Amount bet at each location in Maryland; Takeout calculation, and the allocation of the takeout, on the amount bet under §E(1) of this regulation; Amount bet on Maryland races in other jurisdictions; and Amount, and the allocation of the amount, received from the bets on Maryland races in other jurisdictions. An appeal from a decision of the stewards or judges may be made to the Commission by submitting a written statement setting forth the relevant facts of the appeal to an authorized representative of the Commission or to one of the Commission offices. An appeal may be made by: An owner, trainer, driver, or jockey participating in a race from a decision of the stewards or judges involving an incident in that race not later than 48 hours after the decision has been rendered; A licensee affected by a decision of the stewards or judges involving the claim of a horse not later than 48 hours after the decision has been rendered; and A licensee affected by a decision of the stewards or judges in regard to a matter not covered by §B(1) or (2) of this regulation not later than 7 days after the decision has been rendered. The Commission, in its discretion, may: Modify any sanction appealed; Assess all costs of the appeal to the appellant; and Impose additional sanctions in regard to an appellant who fails to: Pursue an appeal, or Appear at the hearing on the appeal after proper notice and without good cause. An appellant who appeals to the Commission from a decision of the stewards or judges for the sole purpose of obtaining a stay of the penalty imposed, or for any other reason that is considered to be frivolous, may be: Fined and suspended; and Assessed the costs of the appeal. All fines shall be paid to the Commission within 48 hours after imposition unless: An appeal to the Commission has been noted; and The Commission has granted a stay. If a licensee fails to pay the fine in a timely manner in violation of §A of this regulation, upon proper notification, the licensee shall be immediately suspended, and the suspension shall remain in effect until the fine is paid in full. Not less than 7 days before conducting an adjudicatory hearing, the Commission, through its Executive Director, shall send a written notice to the individual who is the subject of the hearing which shall contain: The date, time, place, and nature of the hearing; The authority of the Commission to hold the hearing; The pertinent hearing and regulatory sections under which the Commission is taking its action; A concise and simple statement of the facts that are asserted; The potential penalty; An advisement regarding the individual's right to: Be represented by an attorney who is admitted, or specially admitted, to practice law in this State, Call witnesses and submit evidence, Request subpoenas for witnesses and documents, and Request a copy of the hearing procedures; and A statement that the failure to appear for a scheduled hearing may result in an adverse action against the individual. The Commission may, in its discretion: Grant a stay of an order of the stewards or judges pending a hearing before the Commission; or Suspend the license of an individual who is charged pending a hearing on the charges. A hearing on the charges shall be held as promptly as possible, with due regard to the rights of the licensee charged, if the Commission: Declines to grant a stay of the suspension, as provided in §B(1) of this regulation; or Suspends the license of an individual charged pending a hearing on the charges, as provided in §B(2) of this regulation. The Commission shall provide for the making of an official record of the hearing, which shall include testimony and exhibits, but, unless required for purposes of rehearing or court review, a transcription of the testimony may not be required. At the hearing, an applicant or a licensee who may be affected by a decision of the Commission shall be given the opportunity to: Be represented by counsel; Be confronted with the evidence on which a charge is based; Cross-examine witnesses; Testify; and Produce testimony and evidence relevant to the issues involved. A licensee may be subject to the suspension or revocation of a license held if: While under oath in a hearing, the licensee gives false or misleading statements of a relevant nature; or Except in the proper exercise of a legal privilege, the licensee fails to testify after proper notice. When an adjudicatory hearing is conducted by a hearing committee under Business Regulation Article, §11-310, Annotated Code of Maryland, and the decision of the hearing committee is: Unanimous, the decision of the hearing committee is final and shall bind the entire Commission; Not unanimous, a de novo hearing on the matter shall be conducted by a quorum of the Commission. An individual whose license is suspended or revoked in another state or country is suspended or revoked in this State. Denial of a license by the racing commission of another state may be considered as grounds for the denial of a license by the Commission. An association holding racing or operating a training center under the jurisdiction of the Commission shall: Provide within its grounds adequate office space and equipment for the use of, and at the disposal of, the Commission and the Commission's representatives; Ensure free access of the grounds to the Commission and the Commission's representatives while they are engaged in their assigned tasks; Provide and maintain at least one human ambulance and one horse ambulance on a day that the racing strip is open for racing or exercising horses; Staff the ambulances required under §A(3) of this regulation with competent, trained personnel, have them ready for service, and placed where they may enter the racing strip with as little time lost as possible in responding to emergencies; Adopt, have posted, and implement a protocol for education, evaluation, diagnosis, and management of concussion of jockeys which shall be approved by the regulatory authority; Have available a medical professional trained in evaluating and administering the most current Sport Concussion Assessment Tool (SCAT); Establish a return-to-ride guideline in order to clear a jockey who has been concussed, or is believed to have been concussed, once the jockey is declared fit-to-ride by a medical professional authorized to do so; Require each jockey to acknowledge in writing that they have been made aware of the concussion protocols in place for the facility at which they are riding; Police the nonpublic area of its grounds so as to preclude the admission of an individual to this area who is not: Licensed by the Commission; or Authorized and properly supervised by the association; Provide proper receptacles for disposal of manure and other debris which shall be serviced on a daily basis excluding Sunday; Make adequate provision for fire prevention, protection against fire, and fire suppression within the confines of the facility; At a thoroughbred race track and training center, provide the following distance poles and color designations: 1/4 poles — red and white; 1/8 poles — green and white 1/16 poles — black and white; and Inform the Commission immediately of any change in the beneficial ownership of the association, including any change in the makeup of the stockholders of the association or in the holdings of a stockholder, if the change involves an entity that had or, as a result of the change has, a 2 percent or more beneficial ownership. An association licensed by the Commission to hold racing shall submit to the Commission: Not later than the Commission meeting preceding the association's first race meeting of the year: A list of the administrative personnel of the association, and A report on the steps taken by the association to comply with the recommendations, if any, of the State Fire Marshal; Not later than the Commission meeting preceding each race meeting of the association, a list of the officials and others to be employed, in so far as the list can be prepared, containing the: Name and address of each employee; and Position to be filled or the duties to be performed by each employee; and Promptly, all additions to, or changes in, the association list of employees. Subject to Commission approval, an association licensed by the Commission shall furnish and maintain at the facility where racing is being held, and at such other facilities under the control of the association as the Commission may direct: A first-aid area: Equipped with adequate beds and supplies; and Staffed by a licensed medical doctor during racing hours; Two photo finish cameras positioned at the finish line, one of which shall be held in reserve, to photograph the finish of the races; A communication system between the judges or stewards stand, the pari-mutuel office, and the starter; A system, activated by the judges or stewards at the start of a race, which sounds a bell and simultaneously closes the betting pools on the race; Cameras and other equipment necessary to properly record the running of the races from the start through the finish with the recordings resulting from the use of this equipment not being disposed of without the permission of the judges or stewards; Sanitary restroom facilities and drinking water; Two starting gates, both in good working order, one of which shall be kept in reserve; and Stands for judges, timers, and stewards in positions commanding an uninterrupted view of the entire racing strip. An association licensed by the Commission to conduct racing shall: Exclude from the paddock, in the interest of public safety, all persons who have no immediate business with the horses entered, except the members of the Commission, the Commission's staff and special representatives, and those having special permission from the association, judges, or stewards; Request and obtain the approval of the Commission before televising, simulcasting, or broadcasting any race, or before permitting any other person, association, or corporation to do so; If a licensee bets with or through a handbook: Eject the licensee from its grounds; Refuse the licensee admission to its grounds; Refuse the entry of the licensee's horse; and Immediately notify the Commission; Observe and enforce the laws, regulations, and conditions of the Commission; Employ a sufficient number of security persons to maintain order on its grounds; and List the following on its daily racing program: The name of the Governor; The name of the Maryland Secretary of Labor; The names of the Commissioners and the Commission's specified employees, with their titles, if any; and The address of the Commission's office. An association licensed by the Commission to conduct racing may not: Permit bets to be made on the grounds of the association, or other grounds on which it controls a pari-mutuel operation, except as permitted under the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland; Permit illegal or gambling of any kind on the grounds of the association or other grounds on which the association controls a pari-mutuel operation; Provide, or permit to be provided, any aid, conveniences, or facilities to bookmakers, betting commissioners, their agents, or their employees; Advance credit for betting purposes; or Permit an individual younger than 16 years old to be employed on the grounds of the association unless the individual is 14 years old or older and works for the: Individual's parent or legal guardian in the stable area; or Association in a nonsecured area of the racetrack and has a valid work permit. Allocation of Takeout. Except as provided in §F(3) of this regulation, if the Commission awards racing dates to an association to conduct both live harness racing and live thoroughbred racing at a facility, the association shall allocate the takeout from all bets on races, both live and simulcast made under the authority of the license issued to that association, in accordance with the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland, that are applicable to the breed of horse upon which the bets were made. It is the intent of this regulation that the amounts allocated to purses and bred funds from bets made on races for a certain breed of horse be allocated to the purses and bred funds, respectively, that are for the same breed of horse as the races upon which the bets were made. If the bets were made on a type of racing for which the provisions of Business Regulation Article, Title 11, Annotated Code of Maryland, do not specify an allocation of the takeout, the allocation of the takeout shall be: In accordance with the provisions of Business Regulation Article, Title 11, Subtitle 5, Part II, Annotated Code of Maryland, if the services of a jockey were used in the running of the race upon which the bets were made; and In accordance with the provisions of Business Regulation Article, Title 11, Subtitle 6, Annotated Code of Maryland, if the services of a driver were used in the running of the race upon which the bets were made. On a day on which an association is licensed to conduct racing, the following are subject to Commission approval: The number of live races conducted; and The conduct of pari-mutuel betting on races simulcast from other tracks. If a racing program, or a portion of a racing program, is abandoned, any purse race involved shall be canceled. If a racing program, or a portion of a racing program, is abandoned, any stake race involved may be postponed or canceled. Public notice shall be given at the earliest practicable time if a published race is canceled. A race which closed with sufficient entries may not be canceled except by the stewards or presiding judge. A licensed individual who enters a stable area which is under the jurisdiction of the Maryland Racing Commission shall wear upon the individual's outside apparel, in a prominent position, the license badge issued to the individual by the Commission, which contains the individual's picture identification. The license badge is supplied by the Commission for purposes of identification only, and an association may refuse to accept it as a pass for admission to the grandstand and clubhouse enclosures. Failure to comply with this regulation shall subject the licensee to: A $5 fine for the first offense; A $10 fine for a second offense within 1 year's time of the first offense; A $25 fine for a third offense within 1 year's time of the first offense; and Suspension and referral to the Commission at the discretion of the stewards or judges for the fourth offense within 1 year's time of the first offense. If a trainer has in the trainer's charge a horse whose name appears on a veterinarian's, starter's, stewards', or judges' list or any other list of horses ineligible to start, commonly known as a “Barred List”, at a race track outside this State, the trainer shall report the name of the horse and the fact that the horse has been barred to the Racing Secretary, as well as to the stewards or judges, at the meeting within this State at which the trainer proposes to enter the horse to race. A horse shall be barred from racing at a track under the jurisdiction of the Commission if the horse is: Afflicted by the disease known as periodic ophthalmia, moon blindness, or a similar disease affecting the vision of the horse; High nerved, that is, the horse has been denerved at the ankle or the horse has been subjected to a cryosurgical procedure at the ankle or above; or Tubed. A denerved horse or a horse subjected to a cryosurgical procedure shall be registered with the chief veterinarian on a form provided by the Commission for that purpose. A horse, denerved or subjected to a cryosurgical procedure below the ankle, may be entered and shall be permitted to race if: The horse is registered as such with the chief veterinarian not later than 2 hours before post time of the race for which it is entered; The fact that a horse has been denerved or subjected to a cryosurgical procedure is so stated on the foal certificate of the horse and certified by the practicing veterinarian who performed the procedure; and The horse is placed on a list of horses denerved or subjected to a cryosurgical procedure which is posted on the bulletin board in the Racing Secretary's office. A horse may not be registered as denerved or subjected to a cryosurgical procedure if, in fact, the horse has not been denerved or subjected to cryosurgical procedure. Coggin's Test. Except as provided in this regulation, a certificate of a negative Coggin's test or other proof of a negative Coggin's test on a horse shall be presented to an association before the horse is stabled on the grounds of the association and before the horse is eligible to start in a race. The certificate shall: Identify the horse by tattoo number; Indicate that the horse was tested within 1 year before the date that the certificate is presented to the association; and Indicate that the test was conducted by a laboratory approved by the United States Department of Agriculture. The receipt and transfer of a certificate of a negative Coggin's test when a horse is claimed, sold, or transferred is the responsibility of the trainer of the horse. Proof of a negative Coggin's test shall be on a sticker attached to the foal certificate showing the following: Horse's name; Date of the test; Laboratory name and test number; and Name of the veterinarian who took the blood sample. A Coggin's certificate indicating a horse is negative for equine infectious anemia is valid for 1 year from the date of the certificate's issuance. Absent a valid Coggin's certificate, the stewards or judges may allow a horse to race if they have received a signed statement from an approved veterinarian licensed by the Commission indicating: When and where blood was taken from the horse; and To what laboratory the blood was sent. The stewards or judges may contact the laboratory specified under §C(2) of this regulation to obtain verbal confirmation that the blood was negative for equine infectious anemia. Veterinarians. Veterinarians shall file individual remittance certificates with individual blood samples for each horse when testing for equine infectious anemia. Upon receipt of the certificate from a laboratory approved for conducting the test for equine infectious anemia, the veterinarian shall deliver the certificate to the trainer of the horse. Veterinarians shall notify the State veterinarian immediately upon receipt of a positive report. Penalties. Except as provided in §A(2) of this regulation, if a race is in dispute, both the horse or horses affected by the dispute, and the horse or horses against which the dispute is lodged, are subject to all penalties attaching to the highest position to which they may be entitled until the dispute is settled by the Commission. A horse against which a dispute is lodged is not subject to the penalties attaching to the highest position to which the horse may be entitled if: The horse is a registered thoroughbred; The dispute is the direct result of a positive finding of a prohibited drug in the urine or blood specimen of a horse, and: The positive finding is not challenged; or A confirmatory test of the blood or urine specimen substantially confirms the positive finding; and The race is not a stake race. Proof of the qualifications of a horse against which a protest has been lodged may be demanded by the stewards or judges. If the owner or trainer of a horse against which a protest has been lodged fails to provide proof of those qualifications as demanded by the stewards or judges, the horse may be disqualified. Registration of Corporate or Stable Names. A licensed owner or owners wishing to race under a corporate or stable name may do so by furnishing the federal ID number of the corporate or stable name and registering the name with the Commission annually. The registration of a corporate or stable name is effective only for the calendar year for which the registration is made. A corporate or stable name is subject to the approval of the Commission. A corporate or stable name may be abandoned at any time upon written notice to the Commission and publication of the abandonment. A licensed owner may not register more than one corporate or stable name, or race under the owner's real name, so long as the owner is racing under a registered corporate or stable name. A licensed owner, together with different owners in each instance, may be involved in other corporate or stable names. A corporate or stable name may be changed at any time by registering a new corporate or stable name and by paying the fee. A person may not register a corporate or stable name which has already been registered by any other person, or one which is the real name of an owner of race horses. The Commission may demand the abandonment of a corporate or stable name at any time. A trainer of race horses may not function as a trainer under a corporate or stable name. In order to act as an authorized agent for an owner, an individual shall register with the Commission. A separate application for registration shall be filed for each owner represented by an individual. In order to be registered as an authorized agent, an individual shall first be licensed by the Commission in some other capacity. An authorized agent may appoint a subagent only when authorized to do so, and, to be effective, notice of the appointment shall be given in writing to the Commission. The registration required under §A of this regulation shall: Specify the functions which the authorized agent may perform on behalf of the owner; and If the authorized agent is allowed to act for the owner in matters involving the receipt or withdrawal of funds, be accompanied by a notarized document to that effect signed by the owner to be represented by the authorized agent. An individual may not smoke, or carry an instrument or object which may be likely to cause a fire, in a stall or feed room, under a shed row, or in any other place in which smoking is prohibited by the Commission or the association. A person applying for a license who employs one or more individuals in a racing-related activity shall have Workers' Compensation insurance as required by Maryland law unless the applicant's sole employee is a spouse. An applicant for a license under §A of this regulation shall list the following on the license application: Name of the insurance company; Name of the agent; Policy number; and Policy expiration date. A licensee shall notify the Commission in writing, not less than 5 days before the effective date, of: A change to the information furnished under §B of this regulation; The cancellation of the policy; or The nonrenewal of the policy. A licensee, not employing one or more individuals in a racing-related activity when the licensee applied for a license, but who subsequently becomes the employer of one or more of these individuals, shall immediately: Obtain the required insurance coverage; and Furnish the Commission licensing office with the information required under §B of this regulation. Except as provided in §B of this regulation, when the last day for performing an act falls on a scheduled dark day, the act may be done on the following scheduled racing day. When the last day for performing an act relating to a particular race falls on a scheduled dark day, and the next scheduled racing day is the day of the race, the act shall be done on or before the previous scheduled racing day. Purpose. The purpose of this regulation is to set forth the procedures for resolving a challenge to the recognition of an organization by the Commission as the representative of a certain segment of the racing industry in the State, considering that certain sections of Business Regulation Article, Title 11, Annotated Code of Maryland, require the: Consent of certain organizations; and Distribution of funds to a certain organization. Petition. An organization may petition the Commission for recognition as the organization representing a majority of the: Harness owners and trainers licensed in the State; Thoroughbred owners and trainers licensed in the State; Harness breeders in the State; or Thoroughbred breeders in the State. In order for the Commission to act on any petition submitted under §B(1) of this regulation, an organization shall submit evidence demonstrating that at least 15 percent of the individuals in the applicable segment of the racing industry support the petition. The evidence submitted under §B(2) of this regulation, for each individual supporting the petition, shall consist of the individual's: Printed name; Signature; and License number issued by the Commission for the current year, if applicable. Action by the Commission. Upon receipt of the petition, the Commission shall: Provide notice that a petition has been received by the Commission to: The petitioner, The organization currently recognized as representing a majority of that segment of the racing industry, and Other interested parties, if any; and Verify the status of the individuals who have signed in support of the petition. If the Commission determines that the petition contains the required number of valid signatures, it shall announce at a public meeting: That the Commission will conduct an election to determine which organization is to be recognized by the Commission as representing a majority of that segment of the racing industry; and The dates that the Commission sets regarding the mailing, return, and counting of the ballots. The dates set by the Commission under §C(2)(b) of this regulation may be changed by the Commission, and the organizations involved shall be promptly informed of the new dates and the reasons for the change. If an election is announced, funds accruing to the organization currently recognized as representing that segment of the racing industry, either by law or by contract, may be held in escrow from the date the election is announced until the date the result of the election is determined. Ballots. Ballots shall be printed and mailed by the Commission. The ballots shall: Be sequentially numbered; Contain: The name of the individual eligible to vote, The names of the competing organizations in alphabetical order and a selection block next to the name of each organization, and A signature line; Set forth the date by which the ballot must be returned; Inform the individual eligible to vote that a ballot is not counted if the: Individual is not currently licensed, Individual's application for renewal, accompanied by the appropriate fees, is received by the Commission after the deadline set by the Commission for the return of a ballot, Ballot is not signed by the individual, or Indication of the selected organization is not clear; and Request any other information the Commission may consider appropriate. If the election is in regard to an owners' and trainers' organization for a certain breed of horse, a ballot shall be sent to the following for the breed of horse involved: Each owner and trainer licensed in the State during the current year, up to and including the day the election is announced; and If the election is announced before June 30th of the current year, each owner and trainer licensed in the State on December 31st of the previous year who is not yet licensed for the current year. If the election is in regard to a breeders' organization, §E(2)(d)(i) and (ii) of this regulation does not apply, and: If the election is for a standardbred breeders' organization, a ballot shall be sent to each individual recognized by the administrator of the breeding program as the owner or lessee of a: Dam at the time of breeding that had any of its produce registered with that program in the last 2 calendar years, Stallion that has been registered with the Advisory Committee as a Maryland stallion and stood in Maryland during the latest breeding season, or Dam that was bred in Maryland within the last 2 calendar years to a stallion registered with the Advisory Committee as a Maryland stallion; or If the election is for a thoroughbred breeders' organization, a ballot shall be sent to each individual who registered a horse in the Maryland Bred Registry at least once in the last 3 calendar years. The mailing date of the ballots may not be later than 30 days after the public meeting of the Commission at which an election is announced. The deadline for the return of the ballots may not be less than 15 days after the mailing date. When a ballot is returned to the Commission, it shall be verified against the mailing list of eligible voters and the corresponding ballot number. A ballot sent to an individual qualified to receive a ballot under the provisions of §E(3)(b) of this regulation may not be counted unless the individual becomes licensed before the date the ballots are to be returned as set by the Commission under §C(2)(b) of this regulation. Ballot Count. Following the close of business on the date set by the Commission for the return of the ballots, the staff of the Commission shall promptly count the ballots. The Commission shall provide adequate notice to each competing organization of: The date, time, and place the ballots will be counted; and The ability of a representative from each of the competing organizations to be present for the counting of the ballots. The organization receiving a majority of the votes properly cast shall be designated as the organization representing a majority of that segment of the racing industry. Confidentiality. Except as provided in this regulation, the vote of an individual shall be kept confidential. The Commission shall make available for inspection a: List of those individuals to whom the ballots were mailed; and Current list of those individuals who voted. Challenges. An individual wishing to challenge any aspect of the election procedure shall file a written statement to that effect with the Commission within 5 business days of the occurrence about which the individual objects. A statement filed in accordance with §I(1) of this regulation shall: Contain the specifics of the challenge; and Establish, in the discretion of the Commission, a prima facie showing that this regulation has been violated. If the Commission determines that: There is a prima facie showing that this regulation has been violated, the Commission shall schedule a hearing and give notice to all interested parties; or There is not a prima facie showing that this regulation has been violated, the Commission shall deny the challenge. At a hearing convened under §I(3)(a) of this regulation, the validity of the challenge shall be determined by the Commission. The Commission may, in its discretion, stay the operation of the election until the challenge is finally decided. Funds. If a timely challenge has been received, the Commission may order that the escrow of funds, as provided under §D of this regulation, continue, pending a final decision on the challenge. Any funds held in escrow shall be released to the winning organization after the counting of the ballots if: A timely challenge has not been received by the Commission; or The Commission has denied all challenges. The Commission's recognition of an organization as representing a majority of a certain segment of the racing industry may not be challenged within 365 days of the time recognition becomes final. A leased horse may not participate in racing unless the lease agreement is: Attached to the horse's registration papers; Submitted to the horsemen's bookkeeper; and Approved by the stewards or judges. A lease agreement for a horse may not be approved by the stewards or judges unless the: Lessee is licensed as an owner; Signatures of the lessor and lessee are verified by the stewards or judges; Term of the lease, which may contain provisions for earlier termination due to the claim or retirement of the horse, is not less than 365 days; and Agreement completely divests the lessor of further control or direction of the horse during the term of the lease. A leased horse may not be entered into a claiming race unless the terms of the lease indicate: The minimum claiming price for which the horse may be entered; and Who shall receive the claiming monies if the horse is successfully claimed. A racing association shall have, and maintain, an electronic timing device for the purpose of accurately recording the fractional times of all races. The time recorded by the electronic timing device is the official time of the race unless there is a power failure, mechanical malfunction, or other extenuating circumstance. If the stewards or judges determine that one of the exceptions under §B of this regulation occurred, the official time of the race is the time: Recorded by the official timer as provided under: COMAR 09.10.01.36 for a thoroughbred race, or COMAR 09.10.02.24 for a standardbred race; or Provided by a method considered reliable and accurate by the Commission. The time of each race shall be announced and displayed. Definitions. In this regulation, the following terms have the meanings indicated: “Net betting revenue” means the gross amount of all bets placed through a TABS less: Return to bettors; State tax and all other amounts required by law to be paid to anyone other than a track licensee, horsemen, and breeders; Fees paid to the racetracks that hosted the live races in this State and out-of-State; Fees paid to a third-party operator of the TABS; and Costs of the racing association as agreed to between the: Racing association, Organization representing a majority of the horsemen racing at the track where the TABS is operated, and Organization representing a majority of the breeders of the breed of horses racing at the track where the TABS is operated. “Source market area” means the prescribed radius surrounding a racetrack within which the postal ZIP code for the principal residence of a telephone betting account holder is located. “Telephone account betting system (TABS)” means a system, established by a licensed racing association and approved by the Commission, by which an individual may open an account in order to bet on horse races by telephonic, electronic, or other means of communication. General. Subject to the receipt of an application by a licensed racing association, the Commission may permit the racing association to establish and operate a TABS on days when the racing association is authorized to conduct racing. All bets placed through a TABS are: Considered to have been made in this State; and Subject to the laws of this State and the regulations of the Commission. A racing association operating a TABS may conduct betting on races through the TABS only on those races which the racing association is authorized to conduct. Establishing and Maintaining Accounts. A telephone betting account may be established and maintained for an individual by a racing association authorized by the Commission to operate a TABS. A telephone betting account may be established for an individual whose principal residence is outside this State if the racing association complies with all applicable provisions of federal and state law. For the purposes of determining if a bet was made from within a source market area as provided under §Q of this regulation, the principal residential address of the individual account holder, as maintained by the TABS, is considered the location from which that bet originated. A racing association shall obtain from each individual who applies for a telephone betting account the individual's: Name; Principal residential address including postal ZIP code; Social Security number; Proof of age and identity; and An initial deposit which is not: Less than the minimum amount established by the association, and More than $500, if the deposit is made by the use of a credit or debit card. A racing association shall maintain the following information regarding each individual for whom it maintains a telephone betting account: Name; Principal residential address including postal ZIP code; Telephone number; Social Security number; Amount bet; Tracks on whose races bets were placed; and Such other information as the Commission may reasonably request. A racing association shall furnish to each individual for whom it establishes an account: A personal identification number of not less than four alphanumeric characters; The identifying number assigned to the individual's account by the racing association; Instructions on how to operate the telephone betting account; Regulations of the Commission in regard to this type of betting; and Conditions imposed by the racing association on this type of betting. A racing association may not establish an account for an individual who is younger than 18 years old. Based on its business judgment, a racing association may: Refuse to establish an account for an individual; or Close the account of an individual. A racing association may not accept a bet through a TABS if: The account holder does not submit the correct personal identification number; or The amount of the bet is greater than the available balance in the account. Other than for bets and deposits, the only charges and credits that may be made to an account are the: Proceeds from a successful bet; Refunds; Withdrawals ordered by the account holder; Payments to an account holder upon the closing of the account; Fees, as established by a racing association and agreed upon by an account holder, for the maintenance of an account and related services; and Promotional considerations provided by the racing association. Time. A racing association may delay the use of a deposit to an account, made with an instrument other than cash, until the time allowed by the banking industry for the dishonor of that instrument has passed. The proceeds from a successful bet, or the amount due from a refund, shall be credited to an individual's account as soon as reasonably practicable after the race or races upon which the bet was placed becomes official. A valid withdrawal order by the holder of an account shall be honored within 5 business days of its receipt. A racing association shall pay the account holder the balance in the account within 5 business days after the account is closed. A racing association operating a TABS shall: Make an account activity report available to an account holder quarterly; Close an account which has not had any betting activity for a 12-month period; and Notify a Commission representative within 24 hours of the event, if for any reason a bet placed by an account holder in accordance with the established telephone account betting procedures is not accepted. Exception to an Account Activity Report. If an account holder takes exception to an account activity report issued by a racing association as required by §L(1) of this regulation, the account holder shall submit the exception in writing to the racing association within 30 days of the issuance of the account activity report. If the exception is not resolved by the racing association within 15 days of its receipt, the racing association shall promptly notify, in writing, the: Commission of the exception; and Account holder of the right to request a hearing before the Commission to resolve the exception. Upon receipt of a request from an account holder to conduct a hearing to resolve the exception, the Commission shall schedule and conduct a hearing. Accounts. Before being granted the right to operate a TABS, and every 6 months thereafter, a racing association shall furnish the Commission with proof that the account holders will be guaranteed the full value of their accounts regardless of the acts of the association or any other entity. If the proof offered under §N(1) of this regulation is not acceptable to the Commission, the Commission may require the racing association to purchase a bond or other form of insurance guaranteeing that the account holders receive the full value of their accounts. An account holder shall notify the racing association maintaining that individual's account, in writing, of any change of the account holder's principal residential address. Confidentiality. Except as otherwise provided, all information regarding an account shall be maintained in confidence by a racing association including: The account number; The personal identification number; Personal information regarding the account holder; and Transactions. Information regarding an account may be disclosed; To the account holder, To the Commission; and As otherwise required by State law, federal law, or the regulations of the Commission. Source Market Areas. There shall be a source market area for each racing association that is authorized to operate a TABS. The source market area of a racing association consists of all postal addresses located within a 35-mile radius of the racing association, subject to the following: Address locations shall be determined by postal ZIP codes; If a portion of a postal ZIP code is within a source market area established by this subsection, the entire postal ZIP code shall be included within that source market area; and The source market area for a racing association that is not a mile thoroughbred track licensee or a harness track licensee is applicable only during the period of time it holds live racing. Unless otherwise agreed between the applicable racing associations, an individual residing within a source market area may only establish a telephone betting account with a racing association in whose source market area the customer resides. An individual residing outside of any source market area may establish a telephone betting account with any racing association in the State that is authorized to operate a TABS. Net Betting Revenue. The net betting revenue derived from bets originating from the source market area of a racing association shall be retained by the racing association. The net betting revenue derived from bets originating from the source market area of one racing association, which overlaps the source market area of another racing association, shall be divided among the racing associations: As set forth in a written agreement; or As provided in §V of this regulation if a written agreement is not then in effect. During the period live racing is conducted at the Timonium racetrack: The net betting revenue from the source market areas of Laurel Park, Pimlico Race Course, and Timonium shall be divided among the racing associations operating these racetracks in accordance with a written agreement; or Absent an agreement, the net betting revenue from the source market areas of Laurel Park, Pimlico Race Course, and Timonium shall be retained by the racing association licensed to operate Timonium. A racing association operating a TABS shall retain the net betting revenue derived from a bet made through its TABS by an individual residing outside the source market areas established under this regulation. Allocation of Net Betting Revenue. All net betting revenue retained or received by a racing association shall be allocated: In accordance with an agreement between the racing association, the organization representing a majority of the horsemen racing at the track operated by the racing association, and the organization representing a majority of the breeders of the breed of horses racing at the track operated by the racing association; or Absent an agreement as referenced under §S(1) of this regulation, in accordance with the relevant provisions of Business Regulation Article, Title 11, Annotated Code of Maryland. Reports to the Commission. Not later than 75 days after the end of the calendar year, a racing association shall file with the Commission a report, certified by an independent certified public accountant, of all of the costs and expenses deducted in any calendar year by the racing association in calculating net betting revenue. Contracting for Use of TABS. A racing association may contract with one or more entities to conduct betting through the TABS established by the racing association. The racing association contracting with an entity to conduct betting through the TABS established by the racing association shall: Prohibit that entity from accepting bets from residents within the source market area of another racing association unless that racing association agrees; If racing association referenced in §U(2)(a) of this regulation agrees, collect and remit to that racing association the net betting revenue from bets made within the source market area of that racing association; and Collect and keep the net betting revenue for bets made within the State but outside of the source market area of any racing association. Revenues and expenses of the contracted entity referenced in §U(1) of this regulation derived from betting conducted through the TABS established by a racing association, other than as provided in §U(2) of this regulation, may not be included in net betting revenue. After payment to the contracted entity referenced in §U(1) of this regulation for services performed, the revenue retained by the racing association from bets facilitated by that entity, other than the amounts referenced in §U(2) of this regulation, shall be allocated: In accordance with an agreement between: The racing association, The organization representing a majority of the horsemen racing at the track operated by the racing association, and The organization representing a majority of the breeders of the breed of horses racing at the track operated by the racing association; or Absent an agreement as referenced under §U(4)(a) of this regulation, in accordance with the relevant provisions of Business Regulation Article, Title 11, Annotated Code of Maryland. Allocation of Net Betting Revenue from Overlapping Source Market Areas. If there is no written agreement in effect among the racing associations licensed to operate Laurel Park, Pimlico Race Course, and Rosecroft Raceway as to the allocation among them of net betting revenue from the source market areas of Laurel Park or Pimlico Race Course that overlap with the source market area of Rosecroft Raceway, then the allocation shall be determined by a formula that gives equal weight to each of the following three factors, each factor to be calculated as the arithmetical mean average of the factor during 1999 and the last calendar year immediately preceding the period for which the calculation is to be made. Factor 1: Handle bet in Maryland, other than through a TABS, by breed, with the racing associations licensed to operate Laurel Park and Pimlico Race Course credited with all thoroughbred handle, and the racing association licensed to operate Rosecroft Raceway credited with all standardbred handle; Factor 2: Handle bet in Maryland, other than through a TABS, by the time of day, with the racing associations licensed to operate Laurel Park and Pimlico Race Course credited with all handle on racing programs that begin at 6 p.m. Eastern Time or earlier on any day, and the racing association licensed to operate Rosecroft Raceway credited with all handle on racing programs that begin after 6 p.m. Eastern Time on any day; and Factor 3: Handle bet in Maryland, other than through a TABS, by location, with the: Racing associations licensed to operate Laurel Park and Pimlico Race Course credited with all handle bet at Laurel Park, Pimlico Race Course, and any satellite simulcast betting facility established after January 1, 2000, located exclusively within their respective source market areas and not overlapping with the source market area of the racing association licensed to operate Rosecroft Raceway, Racing association licensed to operate Rosecroft Raceway credited with all handle bet at Rosecroft Raceway and any satellite simulcast betting facility established after January 1, 2000, located exclusively within its source market area and not overlapping with the source market area of the racing associations licensed to operate Laurel Park or Pimlico Race Course, and Racing associations licensed to operate Laurel Park and Pimlico Race Course and the racing association licensed to operate Rosecroft Raceway credited with 80 percent and 20 percent respectively, of the handle bet at all other satellite simulcast betting facilities. Eligibility. A racetrack licensee may receive a grant from the Racetrack Facility Renewal Account, established under State Government Article, §9-1A-29, Annotated Code of Maryland, for racetrack facility capital construction and racetrack facility improvements if the racetrack licensee is in compliance with the applicable eligibility requirements of State Government Article, §9-1A-09, Annotated Code of Maryland, including: The development and submittal to the Commission of a multiyear plan to improve the quality and marketing of horse racing at racetrack locations owned or operated by the racetrack licensee; and The development with other industry representatives in both the thoroughbred and harness racing industries of a multiyear plan to improve the quality and marketing of the horse racing industry in Maryland. Qualifications. To qualify for a grant from the Racing Facility Renewal Account, a racetrack licensee shall: Submit to the Commission for approval a capital construction plan and a plan for improvements at the racetrack facility for capital construction and improvements at the racetrack facility that were commenced after October 1, 2010, including specific time frames for implementation; and Except for the owners of the racecourse at Timonium, provide and expend a matching fund equal to the amount of the grant. Content. A capital construction plan and a plan for improvements at a racetrack facility for each project shall include: A general description of the capital construction and racetrack facility improvements; The estimated time frame for completion of each project; A complete set of applicable capital construction plans; and A listing of all costs associated with each project including materials and labor. Monitoring. If a grant is provided to a racetrack licensee for capital construction, the Commission shall: In consultation with the Department of General Services, monitor the implementation of the approved plans for capital construction; and Unless the Commission grants an extension upon a written request of a racetrack licensee, direct the racetrack licensee to refund the applicable grant monies if the capital construction is not completed within the time frame approved by the Commission. Types. At a minimum, the types of capital construction and improvements at a racetrack facility shall include: Projects that cause the racetrack facility to be in compliance with all laws, regulations, and ordinances regarding safety, environmental, and public health concerns; Projects that ensure that the condition of a part of the racetrack where individuals reside, commonly known as the “backstretch”, is satisfactory for human habitation and meets minimum housing and sanitation standards for the jurisdiction in which the racetrack facility is located; and Projects that affect: Racetrack surfaces; Stabling facilities; Pari-mutuel operations or equipment; Food and beverage amenities or equipment; Spectator seating and other patron-oriented improvements; Security systems; and Racing-related equipment. Allocation of Funds. Except as provided in §F(2) of this regulation, if two or more racetrack licensees that conduct live racing of the same breed submit plans for capital construction and improvements at a racetrack facility that are approved by the Commission, the funds shall be distributed to the competing racetrack licensees based upon the number of live racing days at each racetrack facility. For calendar year 2011, the monies accrued in the Racetrack Facility Renewal Account for Rosecroft Raceway and Ocean Downs, from the inception of the Racetrack Facility Renewal Account to the date a racetrack license is issued for the operation of Rosecroft Raceway, shall be available only to the racetrack licensee at Ocean Downs, provided the racetrack license at Ocean Downs is otherwise eligible for these funds. Upon the approval by the Commission of a plan for capital construction and improvements at a racetrack facility, a racetrack licensee may expend its matching funds prior to the receipt of grant monies from the Racetrack Facility Renewal Account. Each competing racetrack licensee shall agree in writing to return any funds allocated to the racetrack licensee in a particular calendar year to the Racetrack Facility Renewal Account in the event the racetrack licensee does not run the scheduled number of live racing days for any reason other than weather, acts of God, or other circumstances beyond the control of the racetrack licensee. Business Regulation Article, §§11-207, 11-210, 11-303, 11-305, 11-308, 11-310, 11-316—11-319, 11-508, 11-518, 11-519, 11-608, 11-626, 11-804,11-804.1, 11-811, 11-825, and 11-827; State Government Article, §9-1A-29; Annotated Code of Maryland Effective date: April 10, 1995 (22:7 Md. R. 535) Regulation .03 amended effective March 22, 1999 (26:6 Md. R. 484) Regulation .08 amended effective March 22, 1999 (26:6 Md. R. 484); May 29, 2000 (27:10 Md. R. 965); September 30, 2002 (29:19 Md. R. 1523) Regulation .08A amended effective July 29, 2019 (46:15 Md. R. 654) Regulation .08E amended effective April 24, 2017 (44:8 Md. R. 401) Regulation .15A amended effective April 28, 2003 (30:8 Md. R. 539) Regulation .15A amended effective August 15, 2005 (32:16 Md. R. 1392) Regulation .17E adopted effective October 30, 2000 (27:21 Md. R. 1975) Regulation .17 E amended effective September 30, 2002 (29:19 Md. R. 1523) Regulation .21 adopted effective July 1, 1998 (25:11 Md. R. 820) Regulation .22 adopted effective March 22, 1999 (26:6 Md. R. 484) Regulation .22B amended effective October 30, 2000 (27:21 Md. R. 1975) Regulation .23 adopted effective March 22, 1999 (26:6 Md. R. 484) Regulation .24 adopted as an emergency provision effective September 1, 2000 (27:19 Md. R. 1720); adopted permanently effective January 8, 2001 (27:26 Md. R. 2357) Regulation .24 amended effective December 9, 2004 (31:24 Md. R. 1726) Regulation .25 adopted as an emergency provision effective December 2, 2011 (38:27 Md. R. 1762); adopted permanently effective February 20, 2012 (39:3 Md. R. 258) Purpose. The purpose of these regulations is to implement the provisions of Business Regulation Article, §§11-815—11-832, Annotated Code of Maryland (Satellite Simulcast Betting), in a nondiscriminatory manner, by specifying the procedures to be used in the application for, and the granting and renewal of, a satellite simulcast betting permit, as well as the terms and conditions of a satellite simulcast betting permit. Intent Concerning Minority Participation. The Commission shall carry out the provisions of this chapter in a manner that complies with the intent of the General Assembly in enacting the Maryland Horse Racing Act of 1992 (Chapter 473, Acts of 1992), including the intent regarding minority participation, specifically to: Provide equal opportunity for the inclusion of minority applicants; Be nondiscriminatory in the selection of permit holders to operate satellite simulcast betting; and Ensure that all satellite simulcast betting facility permit holders not discriminate in the employment of services for the development, construction, operation, and maintenance of these facilities. An application for a satellite simulcast betting permit shall be submitted on a form provided by the Commission. With the application, the applicant shall submit: A nonrefundable application fee in the amount of $500 by means of a certified or cashier's check; An affidavit to the effect that the applicant will pay, in advance, directly to the provider, any costs incurred for those professional services used by the Commission in the processing of the application; A contract with the applicable track licensee assuring the applicant the: Right to the simulcast signal if the permit is granted, and Operation of the pari-mutuel function at the applicant's facility by the track licensee if the permit is granted; Contracts, if any, with the persons denoted by Business Regulation Article, §11-827, Annotated Code of Maryland, which contain the duration and amount of the takeout to be allocated to the permittee for the costs of operating the satellite simulcast betting facility for which the permittee may be reimbursed, such as: Salaries; Utilities; Repairs and maintenance; and Other expenses agreed upon between the permittee and a person denoted by Business Regulation Article, §11-827, Annotated Code of Maryland; The location, capacity, and availability of parking for the facility to be used for satellite simulcast betting; The address and proof of ownership of the premises where satellite simulcast betting is to be conducted, or a lease agreement for the use of the premises as a satellite simulcast betting facility; Proof that the use of the facility for satellite simulcast betting complies with: Local zoning laws or ordinances; and Ordinances including, but not limited to, those dealing with health and the sale of alcoholic beverages; Financial feasibility studies for the operation of satellite simulcast betting at the location designated; Architectural and interior design plans of the facility for which satellite simulcast betting is being requested; Details relating to food and beverage service at the proposed facility, including: Approximate number of personnel, by category, to be employed in this service; Concept of food service; Type of menu items to be offered; Seating plan; and Other information the applicant considers appropriate; If the proposed facility is within a 35-mile radius of a mile thoroughbred or harness track in Maryland, the written consent of: Each mile thoroughbred and harness track in Maryland within whose 35-mile radius the facility will be located; The groups that represent a majority of the applicable: Owners and trainers licensed in the State, and Breeders in the State; and Other information requested by the Commission. For the purpose of this regulation, “financial interest” means 5 percent or more of an ownership or profit interest in an applicant for a satellite simulcast betting permit. The Commission shall: Conduct a personal and financial background investigation on the officers of the applicant, if any, and each person with a financial interest in the applicant; Obtain from the applicant not less than three personal references regarding each person specified by §B(1) of this regulation; Solicit responses from references furnished by the applicant and evaluate them; Request federal, State, and local law enforcement authorities, with the cooperation of the persons specified in §B(1) of this regulation and at the expense of the applicant, to conduct a criminal background review of persons specified by §B(1) of this regulation; Direct the applicant to pay financial advisors engaged by the Commission to review and advise the Commission on all pertinent financial matters for the applicant and for persons having a financial interest in the applicant in order to determine the applicant's financial ability to purchase or lease, develop, and maintain the satellite simulcast betting facility including: Certified financial statements, Income statements for the most recent year preceding the submission of the application, and Financial statements and related records of any corporation, association, partnership, proprietorship, limited partnership, or any other business entity in which a person with a financial interest in the applicant has at least a majority interest; Obtain from the applicant the: Disclosure of all financial interests in horse racing and other legalized betting activities by those persons specified in §B(1) of this regulation, and Identity and the percentage of interest of all persons with less than a 5 percent financial or beneficial interest in the applicant, as well as the permission of these persons to have an investigation conducted on their background by the Commission. If the applicant is a track licensee, the Commission may waive those portions of the personal and financial background check that it considers appropriate. A satellite simulcast betting facility shall have amenities similar to a sports palace facility, including: Comfortable seating; High quality dining; Large screen video display of the racing action; Betting stations within easy access; Visual and computer-assisted handicapping aids; Adequate security; and A design which is commensurate to the setting in which it is located. Before considering the issuance of a permit, the Commission shall: Advertise the date, time, and location of a public hearing on the application in a local publication at least 30 days before the hearing being conducted; Provide written notice to the executive and legislative branches of the county and local governments for the jurisdiction within which the proposed satellite simulcast betting facility is to be located of the date, time, and location of the public meeting; Post the notice of the public hearing on the Commission website at least 30 days before the public hearing; Require the applicant, at least 30 days before the public hearing, to post a sign in a conspicuous location at the facility for which the application for the permit was submitted stating that an application is pending for use of the facility for satellite simulcast betting and specifying the date, time, and location of the public hearing; Request from the applicant a list of community associations that were notified of the public hearing; Conduct the public hearing within 10 miles of the requested satellite simulcast betting facility and, at this hearing, the Commission shall consider comments, if any, from: The public; The officials from the jurisdiction where the satellite simulcast betting facility is to be located; The applicable track licensee; The applicable group that represents a majority of the owners and trainers licensed in the State; The applicable group that represents a majority of the breeders in the State; and Other interested parties in the racing industry; and Among other things, consider the extent to which the satellite simulcast betting facility may interfere with attendance at the mile thoroughbred and harness tracks in Maryland. The Commission may deny a permit to an applicant for a satellite simulcast betting permit, or may suspend or revoke a satellite simulcast betting permit, if: An applicant or permit holder: Has violated an applicable provision of law, Has violated a regulation of the Commission, or Has not complied with a condition imposed by the Commission; The Commission determines that the: Information it obtains pursuant to Regulations .02—.05 of this chapter does not justify the granting or renewal of a permit, or Permit holder has not maintained the satellite simulcast betting facility or its operation in a manner consistent with the information the Commission relied upon in granting the permit. Instead of, or in addition to, suspending a permit, the Commission may impose a fine not exceeding $5,000 for each day a violation occurs. In determining the penalty to be imposed, the Commission shall consider the: Seriousness of the violation; Harm caused by the violation; Good faith or lack of good faith of the permittee; and Operational history of the permittee. Unless suspended or revoked, the term of a satellite simulcast betting permit is for the remainder of the: Calendar year if the starting date on the permit is before July 1 of the calendar year; or Calendar year and the next calendar year if the starting date on the permit is after July 1 of the calendar year. A satellite simulcast betting permit may not be issued for a period which extends beyond the expiration date of a contract required by Regulation .02 of this chapter. A satellite simulcast betting permit shall contain the: Name of the permittee; Location for which the permit is issued; and Term of the permit. An application for the renewal of a satellite simulcast betting permit shall be: Delivered to the Commission offices not less than 60 days before the end of the term of the permit; Accompanied by an affidavit from the permittee stating that the facility in which satellite simulcast betting takes place continues to meet the requirements of the law, regulations, and conditions, if any, of the Commission; and Granted, unless the Commission determines that the permit holder: Should be denied under the provisions of Regulation .06 of this chapter; or No longer has viable contracts, leases, and agreements required under Regulation .02 of this chapter. The permit fee is $500. The renewal fee is $500. Fees shall be paid before the issuance of a satellite simulcast betting permit or the renewal of the permit. If there is a problem in the transmission of data or the signal between the host track and the satellite simulcast betting facility, it is within the discretion of the stewards/judges to: Order the race to be run on schedule; Delay the race until the matter is resolved, if this is possible; or After having delayed the race, if the problem is not resolved and a further delay is not possible, order the race to be run. If a race is run before the resolution of a problem in the transmission of data or signal between the host track and the satellite simulcast betting facility, the stewards/judges shall cause an announcement to be made that any pari-mutuel ticket issued before the running of the race is a valid ticket irrespective of the nontransmission of data or the signal. A permittee shall: Comply with the law, the regulations of the Racing Commission, and the conditions, if any, of the Racing Commission; Report, in conjunction with the applicable groups representing a majority of the horsemen and breeders in the State, to the Commission not later than December 31 of each year for the period through December 15 of that year, on the: Effectiveness of satellite simulcast betting, and Effect of satellite simulcast betting on the racing industry in the State; Reimburse the Commission for the cost of personnel employed by the Commission to inspect, investigate, or perform a licensing function at the satellite simulcast betting facility; and Periodically, at the discretion of the Commission but not later than the date set for renewal of a permit, assure the Commission that the facilities continue to meet the requirements of the laws, regulations of the Racing Commission, and the conditions, if any, of the Racing Commission. A permittee or a purchaser of an interest in the permittee shall notify the Commission of a change in the ownership, or a change in the composition of the ownership, of the permittee within 24 hours of the change. After reviewing the change, the Commission shall make a determination to continue or revoke the permit based on the criteria used in issuing a permit. Business Regulation Article, §11-210, Annotated Code of Maryland Effective date: Regulations .01—.12 adopted as an emergency provision effective August 5, 1992 (19:17 Md. R. 1602) Regulations .01—.13 adopted effective January 18, 1993 (20:1 Md. R. 26) Regulation .05 amended effective December 19, 2016 (43:25 Md. R. 1384) Regulation .06A amended effective October 11, 1993 (20:20 Md. R. 1569) The purpose of this chapter is to set forth the procedures to be followed in the application for, and the issuance of, a new racetrack license. An applicant for a new racetrack license shall pay an application fee of $30,000 upon the filing of the application. Except as provided in Regulation .05F(2) of this chapter, the application fee is nonrefundable. When the Commission intends to consider the issuance of a license for a new racetrack, the Commission shall advertise in the Maryland Register an application period, not to exceed 60 days, during which the Commission shall accept application documents. The Commission shall specify the type, and general geographic area, of the racetrack for which it will consider applications. The advertisement shall be published at least 30 days before the first day of the application period. To be timely, the application documents shall be delivered to the Commission not later than 5 p.m. on the last day of the application period. An application delivered after the deadline may not be accepted and may not be considered by the Commission. Documents required to be submitted to the Commission under this chapter shall consist of an original and ten copies. The application procedure consists of the following two phases: Phase I, which requires the submittal of the items specified in Regulation .06 of this chapter; and Phase II, which requires the submittal of all of the other information required by this chapter. Upon the certification of one or more applications as required under Regulation .08 of this chapter, the Commission shall conduct a hearing in accordance with State Government Article, Title 10, Annotated Code of Maryland, to determine which, if any, applicant should be approved to proceed to Phase II. Opportunity for Local Comment. Before approving an applicant to proceed to Phase II, the Commission shall: Conduct a hearing in the county seat of the county in which the proposed racetrack is to be located to receive and consider comments from local government officials, residents, and businesses; and At least 15 days before the hearing: Advertise the date, time, and location of the hearing in a publication serving the area in which the proposed racetrack facility is to be located, and Notify the executive and legislative branches of the county and local governments for the jurisdiction within which the proposed racetrack facility is to be located of the date, time, and location of the hearing. Prepared Testimony. An applicant who wishes to present written testimony at a hearing on the application shall file with the Commission an original and nine copies of the written testimony and all attachments not later than 21 days before the date set for the hearing or on a date ordered by the Commission. The applicant's written testimony is required to be submitted in printed or typewritten form on 8 1/2 by 11 inch paper. If an expert witness is to appear and testify on behalf of the applicant, the applicant shall, not later than 21 days before the date set for the hearing or on a date ordered by the Commission: Supply the written testimony of the witness; and Attach to the written testimony of the expert witness: A brief description of the witness, and The portions of the application that the witness is identifying or sponsoring. Commission. In determining whether to grant or deny approval to proceed to Phase II, the Commission shall consider the following factors: The applicant's financial stability; The financial viability of the proposed racetrack; The location of the proposed racetrack; Facilities for patrons and individual licensees; Facilities for horses; The potentials for conflict with other licensed race meetings; The anticipated effect of the race meeting on the breeding industry in the State; The anticipated effect of the race meeting on the State and local economy from tourism, increased employment, and other sources; and If the granting of a license is in the best interests of racing in the State. If the Commission: Approves an applicant to proceed to Phase II, the approved applicant shall submit the remaining information required by this chapter within 6 months of the approval; or Does not approve an applicant to proceed to Phase II, the Commission may refund that portion of the application fee it determines was not expended on administrative, investigative, and hearing costs. Upon the submittal of all the information required in Phase II, the Commission shall: Review the materials submitted; and Conduct a hearing to determine if a new racetrack license should be granted to the applicant. The following documents and information, sworn before a notary public as to the truth and validity by the applicant or, if the applicant is not an individual, by the chief executive officer of the applicant, shall be submitted to the Commission in Phase I: A completed application form obtained from the Commission which shall provide for: The name of the applicant; The address of the principal office of the applicant in Maryland; The exact location of the proposed racetrack; A detailed description of the proposed racetrack and racetrack facilities; Operational plans, including the: Type of racing, Number of days of live racing, Number of races per day, and Number of days of simulcast racing; and A projected satellite simulcast betting network; The information required under: Regulations .10—.12 of this chapter regarding personal and financial background; Regulations .13—.18 0f this chapter regarding ownership; and Regulations .29—.34 of this chapter regarding financial matters, including audited financial statements; A time schedule estimating when each of the following tasks will begin and end following an approval by the Commission to proceed to Phase II: Acquiring land; Soliciting bids; Awarding construction contracts; Construction; Hiring management personnel; Staffing and implementing a marketing plan; Training staff; and Obtaining all necessary local use permits from governmental authorities including zoning and liquor sales; The applicant's business structure, including an organizational chart; A statement that the applicant accepts the risk of adverse publicity, embarrassment, criticism, or other circumstance, including financial loss, that may result from action by the Commission regarding the application; An express and irrevocable waiver of claims against the Commission, its members and employees, and the State of Maryland from each individual who provides information under Regulation .10 of this chapter for any damages that may result from actions, errors, or omissions by the Commission regarding the application; A list containing the name, type of service rendered or expected to be rendered, and costs incurred to date and any additional projected costs of all paid consultants, including, but not limited to, veterinary, racetrack design or maintenance, management, marketing, legal, or legislative services: Used by the applicant during the 3-year period preceding the date the application was filed; and Expected to be used by the applicant to prepare for a hearing on the application and to prepare the racetrack for racing; and The name, address, and telephone number of the individual designated by the applicant as the primary contact person for the Commission during the application process. The application documents shall be in printed or typewritten form on 81/2 by 11 inch paper. Architectural drawings shall be submitted on 11 by 17 inch paper, folded to 81/2 by 11 inches. The regulation and section of the regulation that requires the submission of a document shall be noted at the top of each page of the document. Photographs shall be supplied of any three-dimensional exhibits. The documents shall be submitted in three-ring binders, consisting of: Three volumes for Phase I as follows: Volume 1: Personal and Background Information, Volume 2: Ownership, and Volume 3: Financial Matters; and Four volumes for Phase II as follows: Volume 4: Executive Summary, Volume 5: Site and Facilities, Volume 6: Operations, Volume 7: Safety and Security. Each volume listed under §E of this regulation shall be titled and contain a table of contents and dividers to clearly designate the various regulations covered in the volume. The documents within each volume shall be consecutively paginated. The Executive Summary shall reference the information submitted in Phases I and II, and shall contain: An index of the entire application; A table submitted on a form supplied by the Commission which contains information regarding the ownership and contributions of each officer, director, partner, or owner with an interest of 2 percent or more in the applicant; and A table submitted on a form supplied by the Commission containing an attendance and wagering summary of information broken down by breed of racing and coordinated with the information submitted in the financial forecasts as required under Regulation .34 of this chapter. Not later than the 30th day after the last day of an application period, the Executive Director of the Commission shall review each application submitted to determine whether the application contains all the information required under Regulation .06 of this chapter. If the Executive Director determines that the required information has not been submitted, the Executive Director shall notify the applicant in writing and state the nature of the deficiency. An applicant notified in accordance with §B of this regulation may submit the documents necessary to complete the application not later than 15 days after notification. An applicant who is notified in accordance with §B of this regulation and who fails to submit the requested documents in a timely manner may not be certified by the Executive Director, and the Commission may not consider the application. When the Executive Director determines that an application contains all of the required information, the Executive Director shall: Certify in writing that the application is received by the Commission; and Deliver a copy of the certification to the applicant. If information submitted by an applicant as part of a racetrack application changes or becomes inaccurate before the Commission acts on the application, the applicant shall immediately notify the Executive Director in writing of the change or inaccuracy. After a racetrack application has been filed by an applicant, the applicant may not amend the application except: To address a deficiency in accordance with a notice sent under Regulation .08 of this chapter; As required by the Commission or the Commission staff for clarification of information contained in the application; or To address a change in the circumstances surrounding the application that was outside the control of the applicant and that affects the ability of the applicant to comply with the law or the regulations of the Commission. To amend an application under §B(3) of this regulation, an applicant shall file with the Executive Director a written request to amend the application, stating: The change in the circumstances surrounding the application that necessitates the amendment; The nature of the amendment; and The reason why the amendment is necessary to bring the application into compliance with the law or the regulations of the Commission. An applicant filing a request under §C of this regulation shall serve a copy of the request on any other applicant. The Commission shall grant or deny each request filed under §C of this regulation. A request shall be granted if the applicant demonstrates that: The circumstances requiring the amendment were outside the control of the applicant; Before the change in the circumstances surrounding the application, the application complied with the pertinent provisions of the law or the regulations of the Commission; The amendment is necessary to bring the application into compliance with the pertinent provisions of the law or the regulations of the Commission; and The amendment does not unfairly surprise another applicant. Except as otherwise provided by this regulation, the application documents shall include the information under §B of this regulation, for an individual who is: The applicant; A director, officer, or key management individual with the applicant; A partner of the applicant; or An owner of an interest in the applicant of 2 percent or more. An individual listed under §A of this regulation shall furnish the following: Full name and any previous names or aliases; Date of birth; Physical description; Home and business addresses and telephone numbers; Driver's license number and state of issuance; Social Security number; and Passport or I.D. photo. If the applicant is a corporation, the application documents shall state the: State in which the applicant is incorporated; and Name and address of the applicant's agent for service of process in Maryland. If an applicant is a nonprofit corporation, only an individual who is a director or officer of the applicant shall provide the information required under §B of this regulation. Inadvertent, nonsubstantive errors that might be made in furnishing the information required by this regulation may not be used as a reason by the Commission for disqualifying the applicant. An individual required to provide information under Regulation .10 of this chapter shall also submit a set of the individual's fingerprints and complete a background form supplied by the Commission which includes a statement disclosing whether the individual has ever been: Arrested; Convicted of, pled nolo contendere to, or received probation before judgement for, a felony or misdemeanor, other than a misdemeanor traffic offense; Sanctioned by a government agency related to horse racing; Found liable in connection with a civil action related to horse racing; A debtor in a bankruptcy proceeding; or Denied a bond. The forms submitted in compliance with this regulation shall be submitted under separate cover labeled “Background Investigation Forms—Confidential” and include the fingerprint cards required by this regulation. An individual required to provide personal and background information under Regulation .10 of this chapter shall provide a statement that irrevocably gives consent to the Commission and persons authorized by the Commission to: Verify all information provided in the application documents; and Conduct a background investigation of the individual. If the applicant is a corporation, the application documents shall include a: Statement of when the corporation was organized; Copy of the articles of incorporation and bylaws of the corporation; Statement and documentation of whether the corporation has been reorganized or reincorporated during the 5-year period preceding the date on which the application documents are submitted to the Commission; and Statement and documentation of whether the corporation has filed restated articles of incorporation. If the applicant is an unincorporated business association, the application documents shall include a: Copy of each organizational document of the applicant, including any partnership agreement; and Description of any oral agreements involving the organization of the applicant. If the applicant is an unincorporated business association, the application documents shall identify: Each person who exercises voting rights in the applicant; and Each person who directly or indirectly owns 2 percent or more of the business association. If the applicant is authorized to issue capital stock, the applicant shall state, for each class of stock authorized, the: Total number of shares; Par value, if any; Voting rights; Current rate of dividend; and Number of shares outstanding and the market value of each share. If the applicant is a corporation, the application documents shall identify each person who: Exercises voting rights in the corporation; and Directly or indirectly owns 2 percent or more of the corporation. The application documents shall include a certified copy of each voting trust or voting agreement in which capital stock of the applicant is held and shall state the: Name and address of each stockholder participating in the trust or agreement; Class of stock involved; and Total number of shares held by the trust or agreement. The application documents shall describe the terms of any proxy by which any capital stock may be voted and shall state the: Name and address of the person holding the proxy; Name and address of the stockholder who granted the proxy; Class of stock for which the proxy may vote; and Total number of shares voted by the proxy. The application documents shall state any provisions, and the procedures by which these provisions may be modified, for the redemption, repurchase, retirement, conversion, or exchange of an ownership interest. The application documents shall state whether the applicant's stock may be traded through options and whether the corporation or a stockholder has executed an agreement or contract to convey any of the corporation's or the stockholder's stock at a future date. The application documents shall include a copy or a description of each agreement or contract disclosed under §G of this regulation. The application documents shall include a copy of each prospectus, pro forma, or other promotional material given to potential investors about the proposed racetrack. The application documents shall provide full disclosure for any stock options that may exist or have been granted. If the applicant is not an individual, the application documents shall include a list of the individuals who are serving, or who are designated to serve, during the first year after the date the application documents are submitted to the Commission, either as a director, officer, partner, or an individual having key management responsibility. For each individual listed under §A of this regulation, the applicant shall provide: The individual's name and address; Each position or office of the applicant held by the individual; The individual's principal occupation during the 5-year period preceding the date on which the application documents are submitted to the Commission; and The nature and extent of any ownership interest that the individual has in the applicant. The application documents shall: State whether another entity has a beneficial ownership in the applicant, as defined in Business Regulation Article, §11-301, Annotated Code of Maryland; Describe the: Nature of the beneficial ownership, and Extent of control exercised by the beneficial owner; and Include information and documents required under Regulations .10 —.15 of this chapter as to each beneficial owner. If an applicant for a license to operate a new racetrack intends to lease the racetrack facility from another person, the application documents shall include the information required by Regulation .10 of this chapter as it pertains to the lessor. The application documents shall include a copy of the lease agreement and every other agreement or contract between the lessor and lessee. The Commission may not grant a license to a person applying under this chapter if the Commission determines that the: Lessor would not be qualified to be issued a license; or Lease is a subterfuge to avoid compliance with one or more provisions of this chapter. The application documents shall state whether the applicant, a director, officer, or partner of the applicant, or an owner of an interest in the applicant of 2 percent or more: Has ever held an ownership interest in a licensee of the Commission; or Is currently engaged in the business of racing in another state and the nature and extent of that involvement. The applicant shall describe the nature of participation stated under §A of this regulation. The application documents shall include: The name of the county and, if applicable, the municipality in which the racetrack is to be located; The legal description of the racetrack site; The name and address of each person who has held title to the real property during the 5-year period preceding the date on which the application documents are filed; The name and address of each person who holds a mortgage or other security interest in the real property; An unconditional commitment by the owner of the real property for a title insurance policy; An aerial photograph of the racetrack site; A photograph of the site from each roadway adjacent to the site; and A description of the current commercial and industrial uses for all property within a 1-mile area around the racetrack site. The application documents shall: Describe the applicable zoning designation for the racetrack site; List any local zoning or special use permits, including liquor sales permits, that the applicant must obtain for the racetrack site; Describe, for the permits listed under §A(2) of this regulation: The procedure by which the applicant shall obtain the permits, Conditions, if any, likely to be placed on the permits, and The estimated dates on which the applicant will obtain the permits; and State whether a variance is required for the height of the facilities. The application documents shall describe the sewer, water, and other utility improvements needed to adequately serve the racetrack site, and shall include: The estimated cost of the improvements; The estimated date of completion; The names of the parties, whether public or private, initiating the improvements; The names of the parties responsible for the costs of the improvements; and If more than one party is responsible for the costs, the proportionate distribution of the costs among the parties. The application documents shall state the status of roadway improvements needed to ensure adequate access to the racetrack site and shall include: The estimated cost of the improvements; The estimated date of completion; The names of the parties, whether public or private, initiating the improvements; The names of the parties responsible for the costs of the improvements; and If more than one party is responsible for the costs, the proportionate distribution of the costs among the parties. For the improvements described under §B or C of this regulation, the application documents shall: State whether local government approval is necessary for making the improvements; Include a description of the procedure by which the local government approval is obtained; Indicate all conditions likely to be placed on the local government approval; and Indicate the estimated date on which local government approval will be granted. The application documents shall state whether the racetrack site: Has any geological or structural defects and include a description of the engineering, design, and construction plans to remedy the defect; and Is located in a floodplain and include a description of the flood history of the site. The application documents shall include a traffic flow study prepared by a traffic engineer containing a: Statement, in miles, of the distance of the racetrack site from the center of the nearest population center; Description and map of the roadway access to the racetrack site; Photograph of each roadway that will be used to access the site; Description of the transportation facilities that serve the population center; and Description of the transportation facilities that will serve the racetrack site. The application documents shall state the experience and qualifications of the engineer who prepared the study submitted under this regulation. The application documents shall include: Layout drawings of the proposed: Racing strip, Facilities and equipment, Facilities for horses and personnel, and Customer facilities; and A description of the experience of the architect who designed the proposed facility including a statement of the number of racetracks the architect has visited and designed. The drawings required under §A(1) of this regulation shall be: To scale; and In sufficient detail to: Illustrate the facilities and equipment specified, and Show the measurements of all areas including the barns and stalls. The application documents shall state the dimensions and specifications of each racetrack to be provided on association grounds, including the: Total length; Width; Banking, with a description of the method of transition into and out of turns; Radius of each turn and the length of each stretch and chute; Type of inside and outside rail; Composition and depth of the base, subsurface, and cushion of the racetrack with a schematic drawing of the racing surface; Drainage system for the racing surface; Location and design of the video towers; Location and method of closing gaps in the rail; Location of lighting for the racetrack; Type of turf for a turf racetrack; and Method by which the track will be winterized. The application documents shall describe the racing surface maintenance plan and the maintenance equipment, including equipment to water the racetrack. The application documents shall state the specifications for areas of the racetrack facility to which the public will have access and include a description of the configuration and location of the: Grandstand; Total number of seats, designating the indoor and outdoor seats and the reserved and nonreserved seats; Television monitors available for viewing by patrons; Pari-mutuel facility; Concession areas; Restrooms; Drinking fountains; Special clubs or other facilities for certain patrons; Turnstiles or the method for counting patrons; and Fencing around the grandstand. The application documents shall describe the applicant's plans for maintaining and cleaning the public areas of the racetrack facility. The application documents shall describe the patterns for pedestrian traffic in and around the racetrack facility and the provisions for disabled patrons. The application documents shall state the maximum capacity of the facilities, and include the area in square feet of the grandstand. The application documents shall state the specifications for parking facilities for the racetrack, including a description of the: Access to the parking facilities from each roadway adjacent to the racetrack site; Location and number of spaces for each type of parking available, including public, Commission employee, individual licensee, and handicapped parking; Road surface to be used in the parking facilities; and Distance between the parking facilities and the grandstand. The application documents shall describe the: Facilities for stabling horses; Facilities for obtaining specimens for testing horses and humans for drugs; Prerace holding area and paddock; Facilities for owners, trainers, and other racetrack personnel; Facilities for a racetrack chaplain; Lounge area, educational facilities, and other recreational facilities for racetrack personnel; Facilities for jockeys and drivers; Stand for the racing judges or stewards and the work areas for representatives of the Commission; Size and composition of the planned path for horses from the stable area to the prerace holding area, paddock, racetrack, and test barn; Areas and equipment in and around the stable area where horses may be cooled out or leisurely exercised, such as gallops, grass paddocks, pastures, wood chip trails, or electric walkers; Equine and human ambulances and the location of a covered area for the equine and human ambulances; and Child care facilities for the patrons or the licensees, if provided. The application documents shall describe the applicant's plans for maintaining and cleaning the facilities for horses and employees. The application documents shall describe the location of utilities throughout the racetrack site, including: Whether electrical service is overhead or underground; The location, depth, and size of water and sewer lines; and Availability of a backup generator or other source of energy. The application documents shall state the name of each owner of an easement across the racetrack site and describe the nature of the easement. The application documents shall include audited financial statements of the applicant for each of the 3 fiscal years preceding the date the application documents are submitted, including a: Balance sheet; and Profit and loss statement. If the applicant has been organized for less than 3 years, the application documents shall include audited financial statements for each fiscal year that the applicant has been organized. Information submitted under this regulation shall be prepared by an independent certified public accountant in accordance with generally accepted accounting principles. The application documents shall state each loan made by the applicant in an amount that exceeds 1 percent of the applicant's net income for the year in which the loan was made. The disclosure for each loan listed under §A of this regulation shall include: The name and address of the borrower; The amount of the loan; The terms of the loan; and A copy of each document executed with respect to the loan. The application documents shall describe any lien that encumbers 1 percent or more of the applicant's assets or 1 percent or more of the assets of a person with an ownership interest in the applicant of 25 percent or more. The disclosure for each lien listed under §A of this document shall include: The name and address of the lender or secured party; The amount of the indebtedness; The terms of the lien; and A copy of each document executed with respect to the lien. The application documents shall describe the costs of construction or improvement of the racetrack facilities. The disclosure required under §A of this regulation shall state whether each item is a fixed cost or a projection, and shall include the costs of: Architectural and engineering services; Land acquisition; Site development; Facility construction; Equipment acquisition; Capitalized interest; Loan placement fees and other guarantee fees; Any other financing costs relating to construction; Administrative services relating to construction; Legal services relating to construction; and Other areas relating to construction, providing details of any costs exceeding 5 percent of the total cost of construction. The application documents shall describe the costs of operating the facility and the association before the first day of racing, including the costs of: Promotion and advertising; Application development; Application fees; Licensing fees; Management, administrative, and other salaries; Interest and other financing costs not related to construction; and Other areas relating to operations, providing details of any costs exceeding 5 percent of the total costs. The application documents shall state the source of funds for the construction or operation of the racetrack. If a source of funds listed under §A of this regulation is an equity contribution, the applicant shall disclose the: Amount of contribution; Terms of any commitment from that source; and If the contribution is other than cash or cash equivalent, the basis for valuing the noncash contribution. If a source of funds listed under §A of this regulation is a debt contribution, the applicant shall disclose the: Amount of contribution; Terms of any commitment from that source; and If the contribution is other than cash or cash equivalent, the basis for valuing the noncash contribution. The application documents shall include documents from which the Commission can conclude that financing for the racetrack is reasonably assured, such as a letter of commitment, and that the financing is conditioned only on conditions normal and customary to a sophisticated financing, such as acquisition of zoning variances, building permits, and other government approval. The application documents shall describe alternate sources of funds for unexpected occurrences, such as cost overruns, nonreceipt of equity or debt funds, or overestimated revenues. The application documents shall state the amount of working capital the applicant intends to have available for the first 6 weeks of racetrack operations, including funds for the payment of expenses for officials, drug testing, and purses. Together with the funding disclosures under this regulation, the application documents shall show proof of the financial ability of the applicant to complete the project. Based upon the experiences of one or more operating racetracks, the application documents shall include a financial forecast regarding the operation of the proposed racetrack and pari-mutuel wagering for each of the first 5 years after a license is granted and operations are started. The financial forecasts required under §A of this regulation shall include: Forecasts of revenues, expenses, changes in capital accounts, and cash flows; A projected balance sheet incorporating the financial forecast for each year for which a financial forecast is made stating the assets, liabilities, and amount of capital of the applicant, based on certain variables including: Average daily attendance, Average daily handle, Average per capita wager, Average number of admissions, including ticket price and free admission, The shares for the State and the association from the pari-mutuel handle, Minimum purse schedule, Payroll, Taxes, Cost of interest, Cost of insurance, legal, and accounting services, Cost of operating supplies and services, Cost of maintenance and repairs, Cost of totalisator services and pari-mutuel operations, Advertising and promotion expenses, Travel expenses, and Equipment depreciation. The financial forecasts required under this regulation shall be prepared by a certified public accountant and follow a format supplied by the Commission. The financial forecasts shall include a report on the forecasts prepared by an independent certified public accountant and both shall be in accordance with the Guide for Prospective Financial Statements, published by the Financial Forecasts and Projections Task Force of the American Institute of Certified Public Accountants. The application documents shall state the qualifications and background of the accountant who prepared the report submitted under this regulation. The application documents shall describe the criteria that were used to select the comparable racetracks for purposes of determining the information supplied under §B(2) of this regulation. The application documents shall include a projection of break-even operations prepared on the basis of cash flow from operations after debt service. The projections required under §G of this regulation shall be prepared using the same number of race days, simulcast only days, per capita handle, and other assumptions used in the financial forecasts and shall express the break-even point in terms of attendance per race day and simulcast only day. The application documents shall describe the type of race meetings the applicant plans to conduct each year, including the number of: Live race meetings and the number of live race days per week; and Simulcast race meetings and the number of simulcast race days per week. For each race meeting described under §A of this regulation, the documents shall indicate the time of day the races will be conducted, and the approximate number of races per breed to be offered. The application documents shall include a list of the individuals who will be responsible for the operation of the racetrack. For each individual listed under §A of this regulation, the documents shall: Include a set of the individual's fingerprints; Include the information required of an individual under Regulations .10—.12 of this chapter; and State the individual's experience and qualifications in: The racing industry, including pari-mutuel operations, General business, Finance and accounting, and Security. The application documents shall include a copy of any written employment contract or state the terms of any oral employment agreement regarding employees of the racetrack. The documents required under §C of this regulation shall fully describe all benefit packages and incentives paid to an employee of the racetrack. The application documents shall include an organizational chart of the management personnel and the job description, compensation, proposed percentage ownership, and qualifications for each position. For each individual who has been hired to fill a key management position, the documents shall include a resume and state the total number of years experience the individual has in: Pari-mutuel racing; Non-pari-mutuel racing; and Other businesses relevant to the management position. The application documents shall describe any training program for management personnel required or provided by the applicant. If the applicant intends to contract with a person or management company to manage the racetrack, the application documents shall include: A copy of the written contract; A description of the person or company's previous experience operating a pari-mutuel racetrack; and All the information required by this regulation as it pertains to the person or company and its employees. The application documents shall describe the applicant's plans to include small businesses and minority-owned businesses in its construction and operations. The documents shall include a statement of the applicant's affirmative action plan. The application documents shall describe the applicant's plan for concessions, including food, beverages, and promotional products. If the applicant intends to contract with a person or a concessions company to provide the concessions, the application documents shall include: A copy of the written contract; and All the information required by Regulation .36 of this chapter as it pertains to the concessions company and its management personnel. The application documents shall describe the applicant's pari-mutuel facilities and operations, including a description of the totalisator equipment proposed to be used. If an association submits a written contract under Regulation .36, .37 or .38 of this chapter, the application documents shall include, for each party to the contract: Audited financial statements and an auditor's report; or Unaudited financial statements and a report by an independent certified public accountant. The application documents shall include a financial statement required by this regulation for each of the 3 years preceding the date the application documents are submitted. The application documents shall state the qualifications and background of the auditor or accountant who prepared the report submitted under this regulation. The Commission shall review each contract submitted under this regulation in executive session, with these documents deemed to be “Confidential Financial Information”. The application documents shall state the amount of money that will be paid by the association, during each of the first 5 years of operation, to entities located outside Maryland as: Payments of profit or other distributions to investors residing outside Maryland; Interest on debt with lenders located outside Maryland; Payment for supplies purchased from, or services rendered by, entities based outside Maryland other than the management company; Payments to the management company as reimbursement for expenses or as payment for services; Rent for facilities or equipment owned by entities based outside Maryland; and Any other payments to out-of-State entities. The application documents shall describe the equipment to be used in conducting races, including the starting gate, the timing of the races, photo finish, and videotape equipment. The application documents shall state the percentage of the takeout from the handle that will be allocated to purses. The application documents shall: Describe the first-aid facilities and personnel to be available at the racetrack, including the level of training of the personnel; State the travel time to the hospital nearest the racetrack and the average response time at that hospital; and Describe in detail the applicant's plans for monitoring the safety of the racing animals, patrons, and racetrack personnel. The application documents shall include plans that provide for the safety and security of the patrons, the racing animals, and the racetrack personnel. The safety and security plans under Regulation .44 of this chapter shall describe the: Local emergency services available to the racetrack, including fire fighting, law enforcement, and medical emergency services; Security equipment for the racetrack facilities, such as fences, locks, alarms, and monitoring equipment, including the: Perimeter, Stables, Paddock, Cash room and the vault, Mutuel ticket windows, Tote room, Prerace holding area and test barn, and Parking lot; and Security procedures to be used to: Admit individuals to restricted areas of the racetrack, Transfer money and mutuel tickets in each phase of pari-mutuel operations, and Expel and exclude an individual from the racetrack. The safety and security plans under Regulation .44 of this chapter shall: Describe the security personnel at the racetrack; State whether the personnel will be employed by the association or by an independent contractor; Describe the organization and qualifications of the contractor, if the personnel are employed by an independent contractor; State the number of individuals to be employed and the area of the racetrack at which each will serve; State how many of the security personnel are law enforcement officers; Provide an organizational chart of the security force with a job description of each level; State the training requirements for the personnel and describe any training program provided by the association; and State whether or not the security personnel are bonded and, if so, state the amount and conditions of the bond and the name and address of the surety company that issued the bond. The safety and security plans shall describe: The fire safety and emergency procedures for the racetrack, including procedures for: Protecting or evacuating the patrons and controlling traffic in an emergency, such as a natural disaster, Inspecting the facilities for fire hazards, Restricting smoking in areas where smoking would create a fire hazard, and Coordinating the efforts of the security personnel and the local emergency services; How the proposed racetrack is in compliance with National Fire Protection Association standards; The alternate source of power in the event of a power failure and the length of time the alternate source is capable of providing power; The facilities for storing fuel for the alternate source of power; and The locations of fire hydrants on the racetrack site. Any contract between the applicant and another party shall contain a provision for minority participation. If the Commission determines that an association is failing to exercise reasonable diligence in preparing a new racetrack to begin racing on the date approved by the Commission, the Commission may revoke its approval of the applicant and reopen the application process. If the Commission takes action against an association under §A of this regulation, that association may not participate in the application process that is reopened. Before approving or denying a license, the Commission shall conduct a hearing on the application in accordance with State Government Article, Title 10, Annotated Code of Maryland. The burden of proof shall be on the applicant to show that the applicant complies with the regulations of the Commission regarding eligibility and qualifications for a license to operate a racetrack. The Commission may deny a license if the Commission: Does not approve of the information submitted in Phase I or II of the application procedure; Determines that: There has not been compliance with the time schedule submitted by the applicant under Regulation .06 of this chapter; Construction was not completed in accordance with the plans approved by the Commission; The operational plans of the applicant were not ready to be implemented; The facility is not capable of conducting live racing; or The applicant will not conduct live racing on the dates requested from the Commission; or Determines that the applicant: Has not complied with all applicable laws, regulations, and ordinances, including those provisions regarding: Zoning, Health, and Alcoholic beverages; Has violated a law or regulation related to horse racing; Has been convicted of a crime related to illegal gambling; Has been convicted of a felony or a crime of moral turpitude that is reasonably related to the applicant's fitness to hold a racetrack license; Is not of good moral character; Has engaged in any act that is detrimental to the best interest of racing; Has failed to implement plans presented to the Commission; Has failed to comply with promises made, to the Commission; or Has failed to comply with any provision of this chapter. In addition to other reasons, the Commission may suspend or revoke its approval of an applicant if the Commission determines that the applicant: Provided false information in the license application; or Failed to fully disclose the true owners of all interests, beneficial or otherwise, in a proposed racetrack facility. Business Regulation Article, §11-210, Annotated Code of Maryland Effective date: December 13, 1999 (26:25 Md. R. 1897)