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)