# COMAR Title 15 — Maryland Department of Agriculture

## Subtitle 16 — Maryland Horse Industry Board

### Chapter 01 — General Regulations

**Authority:** Agriculture Article, §§2-707, 2-711, and 2-712, Annotated Code of Maryland

**Administrative History:** Effective date: April 4, 1973

**Administrative History:** Regulations .01 ,.02, .06, .08, .10, .11, .12, and .15 amended effective April 7, 1978 (5:7 Md. R. 522)

**Administrative History:** (The Board was transferred from the Department of Licensing and Regulation to the Department of Agriculture by Ch. 618 of the Acts of 1980. The transfer was effective on July 1, 1980.)

**Administrative History:** Regulations .01—.17 repealed effective March 19, 1990 (17:5 Md. R. 638)

**Administrative History:** Regulations .01—.08 adopted effective March 19, 1990 (17:5 Md. R. 638)

**Administrative History:** Regulation .02B amended effective April 1, 2013 (40:6 Md. R. 476)

**Administrative History:** Regulation .04 amended effective April 1, 2013 (40:6 Md. R. 476)

**Administrative History:** Regulation .04F amended effective February 28, 1994 (21:4 Md. R. 278)

**Administrative History:** Regulation .05 amended effective April 1, 2013 (40:6 Md. R. 476)

**Administrative History:** Regulation .06 amended effective April 1, 2013 (40:6 Md. R. 476)

**Administrative History:** Regulation .07B amended effective January 2, 1994 (20:26 Md. R. 2028)

**Administrative History:** Regulation .07c amended effective April 1, 2013 (40:6 Md. R. 476)

**Administrative History:** Regulation .08A amended effective April 1, 2013 (40:6 Md. R. 476)

#### Regulation .01 Purpose.

*COMAR 15.16.01.01*

The Secretary of Agriculture, under Agriculture Article, Title 2, Subtitles 1 and 7, Annotated Code of Maryland, adopts the following regulations to insure the humane treatment of horses and the safety of horse riders.

#### Regulation .02 Definitions.

*COMAR 15.16.01.02*

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board” means the Horse Industry Board.

  (2) “Horse Establishment” means an establishment that solicits or offers the public any of the following activities:

    (a) A boarding stable;

    (b) A lesson or rental stable; or

    (c) A rescue or sanctuary stable.

  (3) “Operator's license” means that license that the Board has issued entitling a person to operate and maintain a horse establishment.

#### Regulation .03 Exemptions.

*COMAR 15.16.01.03*

A. Horse Racing and Standardbred Stables.

  (1) Horse racing and standardbred stables are exempt from the regulations of this chapter.

  (2) For purposes of this regulation, “horse racing and standardbred stables” means stables or farms where horses are bred, trained, and rested, for purposes relating to either or both of the following types of racing:

    (a) The racing of thoroughbreds, whether it be on a flat course or over hurdles; and

    (b) The racing of standardbreds, whether they be trotters or pacers.

B. Farms Using Horses for Agricultural Purposes.

  (1) If farms are using horses for agricultural purposes and not for any of the activities listed in Regulation .02B(2) of this chapter, they are exempt from the regulations of this chapter.

  (2) For purposes of this section, “agricultural purposes” includes the following uses:

    (a) Working or cultivating the soil; and

    (b) Herding or cutting livestock.

#### Regulation .04 Operator's License.

*COMAR 15.16.01.04*

A. Required to Conduct Business. Except as provided under §I of this regulation, a person may not operate or maintain a horse establishment without first obtaining an operator's license in at least one of the three different licensing classifications developed by the Board.

B. Determination by Board. Before the Board may issue an operator's license in a particular class to a person, the Board shall first determine whether that person's horse establishment meets the requirements of that class. The requirements for each licensing class are stated in Regulation .07.

C. Licensing Classifications. The licensing classifications developed by the Board are based on the three different activities that may be offered at a horse establishment and which, because any one of them is offered, requires that the establishment's operator be licensed. The licensing classifications and their respective activities are the:

  (1) Boarding stable class, for establishments that solicit or offer to the public to stable horses;

  (2) Rescue or sanctuary stable class, for establishments that offer to the public to shelter or keep one or more horses for humane purposes with or without compensation and with or without tax-exempt status; and

  (3) Lesson or rental stable class, for establishments in which one or more horses are offered to the public to be let for hire, to be ridden or driven, either with or without the furnishing of riding or driving instructions.

D. Limitations on Licensee. A person who has been issued an operator's license may:

  (1) Conduct such business only at the horse establishment shown on his application; and

  (2) Offer only those activities allowed to be performed in the particular class or classes in which the person is licensed to do business.

E. Who May Apply.

  (1) Only a person who either owns or is leasing a horse establishment may apply for an operator's license.

  (2) If the owner or lessee of a horse establishment is a corporation or other association, the application shall be made in the name of that corporation or other association.

  (3) If the owner or lessee of the horse establishment is an individual, the application shall be made in that individual's name.

  (4) The Board shall issue the operator's license in the name of the person shown on the application.

F. Application and Renewal Process.

  (1) A person applying for or renewing an operator’s license shall:

    (a) Use a Board-approved form which is available on request at the Board's principal office located at 50 Harry S Truman Parkway, Annapolis, MD 21401;

    (b) As established under §C of this regulation, indicate on the application form which class or classes of activities the person intends to do business in for that application year; and

    (c) Pay the nonrefundable fee of $125.

  (2) The Board may not issue an operator's license to a person until that person's horse establishment has passed Board inspection as provided in Regulation .05.

G. Duration of License. After issuance, unless suspended or revoked, an operator's license is effective for a period of 1 year or until the following June 30, whichever occurs first.

H. Posting Requirements. After issuance, the licensee shall display his operator's license in a conspicuous place on the stable's premises.

I. If a person holds a livestock dealer's or livestock market license under Agriculture Article, Title 3, Subtitle 3, and is engaged only in the activity under the licensing classification “Sales”, that person need not obtain an operator's license.

#### Regulation .05 Board Inspection of Horse Establishments.

*COMAR 15.16.01.05*

A. Inspection Requirement. The Board shall inspect the horse establishments of the following persons:

  (1) Those who have applied for an operator's license; and

  (2) Those who have obtained an operator's license.

B. Purpose of Inspection.

  (1) Applicant's Establishment. The Board shall inspect the applicant's establishment to determine whether it meets the requirements provided under Regulation .07 of the class or classes its operator is intending to do business in for that application year.

  (2) Licensee's Establishment. The Board shall periodically inspect a licensee's establishment to determine whether it still meets the requirements provided under Regulation .07 of the class or classes its operator is licensed to do business in.

C. Consent to Inspection. Immediately on request by the Board or its inspector, the applicant or licensee shall permit Board inspections of the applicant's or licensee's establishment, only during normal business hours.

#### Regulation .06 Establishment's Failure to Pass Inspection.

*COMAR 15.16.01.06*

A. Failure of Applicant's Establishment to Pass Initial Inspection.

  (1) Initial Inspection. The Board may not issue a license to a person to operate a horse establishment if the establishment fails to pass inspection.

  (2) Subsequent Inspection. If an establishment fails to pass its initial inspection, the Board may:

    (a) Conduct a subsequent inspection after giving the person sufficient time to correct the deficiencies; and

    (b) Issue a license if it finds during the subsequent inspection that the deficiencies have been corrected.

B. Failure of Licensee's Establishment to Pass Inspection.

  (1) If, following an inspection, the Board determines that the licensee's establishment does not meet the requirements of the particular class or classes in which the operator is licensed to do business, the following actions shall be taken:

    (a) The Board shall:

      (i) Give the licensee written notice of the perceived deficiencies, and

      (ii) Schedule an additional inspection, allowing the licensee a reasonable period of time to complete necessary corrective measures;

    (b) The licensee, before the additional inspection is scheduled to occur, shall:

      (i) Complete those measures necessary to correct the perceived deficiencies, and

      (ii) Submit evidence to the Board that satisfactory corrective measures have been completed.

  (2) If, following the failed first inspection, the licensee does not submit evidence to the Board showing that satisfactory corrective measures have been completed, the Board shall conduct the scheduled additional inspection.

  (3) If, following this second inspection, the Board determines that the licensee's establishment is still deficient in those areas in which it had been given written notice, the same actions outlined in §B(1) of this regulation shall be taken.

  (4) If, following a third inspection, the Board again determines that the licensee’s establishment is still deficient in the areas in which it had been given written notice, the Board shall:

    (a) Bring formal charges against the licensee; and

    (b) Conduct an administrative hearing in order to determine whether:

      (i) The operator's license in a particular class or classes should be suspended or revoked for any of the reasons listed in Agriculture Article, §2-715, Annotated Code of Maryland ; or

      (ii) The operator shall pay an administrative penalty as provided under COMAR 15.16.03.

#### Regulation .07 Licensing Requirements.

*COMAR 15.16.01.07*

A. Compliance with General and Special Requirements. Each person issued an operator's license shall comply with the:

  (1) General requirements under §B; and

  (2) Special requirements under §C for the particular class for which that person is licensed.

B. General Requirements.

  (1) The Stable and Area In and Around the Stable. The licensed operator shall ensure that:

    (a) Each horse under his control is provided shelter, and that the shelter is:

      (i) Clean,

      (ii) Dry,

      (iii) Well-ventilated, but not drafty,

      (iv) Able to afford horses protection in inclement weather,

      (v) Neat and orderly, and

      (vi) Sturdy and in good repair;

    (b) Adequate measures are taken in and around the stable to:

      (i) Prevent excessive manure accumulation, and

      (ii) Control flies and rodents;

    (c) All fences used to confine horses are sturdy and in good repair;

    (d) Each stall occupied by a horse:

      (i) Is cleaned regularly, and

      (ii) Has a bedding of regularly changed straw, shavings, or other suitable material, sufficient enough to maintain the horse in a clean and dry condition;

    (e) All tools used to clean and maintain the stable and its immediate area are properly stored when not in use.

  (2) Other Areas. The licensed operator shall ensure that other areas under the operator's control where horses are confined, exhibited, exercised, or permitted to be ridden, are free of hazards.

  (3) Food and Water. The licensed operator shall ensure that:

    (a) Each horse under his control is provided adequate food, water, and salt;

    (b) These items are provided in suitable containers; and

    (c) The food is:

      (i) Of good quality, free of molds and other contaminates, supplying all the needed nutrients, to maintain a horse depending on its age, reproductive status, level of exercise, and geographic location, and

      (ii) Properly stored so as to maintain its quality.

  (4) Health Care. The licensed operator shall ensure that:

    (a) Each horse under his control receives:

      (i) Regular routine care, including but not limited to worming, dental, and foot care, and

      (ii) Immediate attention, care, or treatment if it becomes sick, injured, or lame;

    (b) Basic first aid supplies are maintained in good order;

    (c) A licensed veterinarian examines a horse, if the Board requires an examination; and

    (d) A horse not be ridden or driven if the caring veterinarian advises against it.

C. Special Requirements.

  (1) Boarding Stable Class. A person who has been issued an operator's license in this class shall comply with the general requirements outlined in §A of this regulation.

  (2) Rescue or Sanctuary Class. A person who has been issued an operator’s license in this class shall comply with the general requirements outlined in §A of this regulation.

  (3) Lesson or Rental Class. A person who has been issued an operator's license in this class shall, in addition to the general requirements outlined in §A of this regulation, comply with the following:

    (a) That each horse receives the rest and sustenance it needs each working day, given its age, condition, and the type of activity it performs;

    (b) That each horse tacked and awaiting use has its girths loosened, is protected from the weather, and is not tied to the bit;

    (c) That a horse may not be used for riding or driving purposes if the horse is unfit;

    (d) That tack and related equipment:

      (i) Is clean,

      (ii) Is in sound condition, and

      (iii) Cannot by its adjustment cause physical pain or injury to a horse;

    (e) That hoof picks, brushes, curry combs, and other grooming equipment are readily available, clean, and usable;

    (f) That any wagon used is in good condition and that its:

      (i) Axles are well greased, and

      (ii) Brakes are operating.

#### Regulation .08 Appeals.

*COMAR 15.16.01.08*

A. A person may appeal a decision by the Board:

  (1) Not to renew an operator's license in a particular class or classes;

  (2) To suspend or revoke an operator's license in a particular class or classes; or

  (3) To impose a civil penalty as provided under COMAR 15.16.03.

B. Appeals are governed by the Administrative Procedure Act.

### Chapter 02 — Maryland Horse Industry Grant Program

**Authority:** Agriculture Article, §2-707, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.08 adopted as an emergency provision effective December 29, 2000 (28:2 Md. R. 97); adopted permanently effective April 2, 2001 (28:6 Md. R. 622)

**Administrative History:** Regulation .06B amended effective March 29, 2004 (31:6 Md. R. 510)

**Administrative History:** Regulation .07 amended effective March 29, 2004 (31:6 Md. R. 510)

#### Regulation .01 General.

*COMAR 15.16.02.01*

These regulations provide qualifications and guidelines for the allocation of Maryland Horse Industry Board funds for equine-related activities.

#### Regulation .02 Purpose.

*COMAR 15.16.02.02*

The purpose of the Maryland Horse Industry Grant Program is to provide funding for equine-related activities. This program will:

A. Help the Maryland horse industry support research related to equine health and related issues;

B. Promote the development and use of horses in the State;

C. Create public awareness of the value of equine activities as they relate to the preservation of green space and agricultural land; and

D. Develop and disseminate information concerning the equine industry, including the history and tradition of breeding, and the role of horses in recreational activities.

#### Regulation .03 Definitions.

*COMAR 15.16.02.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Activity” means economic development, education, marketing, research, or promotion.

  (2) “Board” means the Maryland Horse Industry Board.

  (3) “Equine” means relating to the horse family, and includes horses, mules, donkeys, and ponies.

#### Regulation .04 Who May Apply.

*COMAR 15.16.02.04*

A. The Board shall only provide financial assistance to an individual, group, association, organization, or institution for an equine-related activity that meets the program's objectives, as established in this chapter.

B. Applicants shall demonstrate knowledge, experience, and the capacity of initiating and implementing all aspects of the proposed project.

#### Regulation .05 Application.

*COMAR 15.16.02.05*

A. An application shall contain the following:

  (1) The project title;

  (2) The applicant's name, address, and telephone number;

  (3) A brief biography and qualifications of the project leader;

  (4) Brief biographies and qualifications of additional personnel who will work on the project, if applicable;

  (5) The amount of the grant requested;

  (6) A project description, which shall include:

    (a) The project's objective;

    (b) A general summary of the proposed project;

    (c) The value of the project to Maryland's horse industry;

    (d) The proposed start date of the project; and

    (e) The schedule for completion of the project; and

  (7) Any additional information the applicant wants the Board to consider during its review of the proposed project.

B. Only an original application, signed by the project leader and postmarked 30 days before the Board's announced allocation meeting shall be accepted.

C. An applicant shall submit the application to the Maryland Department of Agriculture, Maryland Horse Industry Board, 50 Harry S Truman Parkway, Annapolis, Maryland 21401.

D. An application, or corrections to an application, submitted through electronic means may not be accepted.

#### Regulation .06 Board Evaluation.

*COMAR 15.16.02.06*

A. The Board shall decide whether to approve a qualified applicant's application for funding based upon the following criteria of the proposed activity:

  (1) Value to the industry;

  (2) Degree of industry promotion;

  (3) Size and scope of activity;

  (4) Financial need; and

  (5) Quality of the written presentation.

B. The Board shall disapprove an application for any of the following reasons:

  (1) The application is incomplete or does not comply with these regulations;

  (2) Funds are not available; or

  (3) An applicant who is subject to stable licensing under COMAR 15.16.01 fails to possess a current license upon application submission.

C. An application disapproved due to lack of funds may be held for consideration by the Board for the next fund cycle.

D. The Board shall notify the applicant if an application is approved or disapproved within 30 days of the completion of the application review process. If the application is approved, the applicant shall be notified of the amount of the State grant for the project.

#### Regulation .07 Funding Conditions.

*COMAR 15.16.02.07*

A. Upon approval of an application by the Board, the applicant shall execute an agreement that, among other things, shall require the applicant to:

  (1) Establish and operate the project according to the project description;

  (2) Bind any successor in title for the life of the project;

  (3) Maintain records as required by the Board;

  (4) Allow the Board access to monitor the project to assure that the project is operated in accordance with this agreement; and

  (5) Use the funds received from the Board for only those activities described in the project application.

B. An applicant who is subject to stable licensing under COMAR 15.16.01 shall maintain a current stable license.

C. Grant funds shall be distributed as follows:

  (1) Upon execution of the agreement, the Board shall award the funds to the applicant; and

  (2) Upon the project's completion, the applicant shall submit a final report which shall contain:

    (a) An evaluation of the degree to which the project's objectives were met, as provided in Regulation .05A(6) of this chapter;

    (b) An accounting of the disbursement of all funds, with an itemized list of costs associated with the project; and

    (c) The date and the signature of the applicant certifying that the information presented is true and correct to the best of that individual's knowledge.

D. The applicant's final report is subject to an audit by the Board.

#### Regulation .08 Noncompliance.

*COMAR 15.16.02.08*

If a person fails to establish or operate a project in accordance with any agreement executed with the Board, that person shall be liable for the full amount of State funds paid for any project that was not implemented or properly executed. If a person violates any regulation contained in this chapter, the Board may deny any current or future fund allocations.

### Chapter 03 — Administrative Penalty Standards

**Authority:** Agriculture Article, §§2-701, 2-710, and 2-718, Annotated Code of Maryland

**Administrative History:** Effective date: November 16, 2009 (36:23 Md. R. 1818)

**Administrative History:** Chapter revised effective April 1, 2013 (40:6 Md. R. 476)

#### Regulation .01 Scope.

*COMAR 15.16.03.01*

This chapter determines the administrative penalty amount for any person who operates an unlicensed horse establishment or has violated any provision of Agriculture Article, §2-715, Annotated Code of Maryland.

#### Regulation .02 Penalty.

*COMAR 15.16.03.02*

A. Terms Defined. In this chapter, the following terms have the meanings indicated.

  (1) “Licensee” means a person who is licensed to operate a Horse Establishment.

  (2) “Member of the Board” means a member of the Horse Industry Board including a Board inspector.

B. After a hearing, or an opportunity for a hearing, the Board may impose a penalty on:

  (1) A person who operates or maintains a horse establishment without a license; or

  (2) A licensee who:

    (a) Refuses to allow a member of the Board to enter and inspect the licensed premises;

    (b) Obstructs any member of the Board in the performance of that person’s duties;

    (c) Fails to provide suitable food, water, and shelter for a horse under control of the licensee;

    (d) Maintains an unsanitary or unfit horse establishment;

    (e) Fails to provide suitable saddles, bridles, harnesses, or other tack or equipment;

    (f) Allows unfit horses to be used for riding or driving purposes;

    (g) Commits an act of cruelty as defined in Criminal Law Article, § 10-601, Annotated Code of Maryland, or allows the commission of an act of cruelty by any other person with relation to any horse under control of the licensee;

    (h) Does any other act that, in the opinion of the Board, taking into consideration the welfare of the horses under the control of the licensee, shows that the licensee is unfit to operate a horse establishment; or

    (i) Fails to comply with the rules and regulations of the Board after receiving a license.

#### Regulation .03 Violations for the Purpose of Determining Penalties.

*COMAR 15.16.03.03*

A. Except as provided in §B of this regulation, the Board may impose an administrative penalty up to $2,000 for each violation of this chapter taking into consideration the gravity of the offense as it relates to:

  (1) The risk of injury to member of the public who may let for hire, to be ridden or driven, a horse at that establishment; or

  (2) The fitness or welfare of a horse under the control of the licensee.

B. For violations of Regulation .02B(1) and B(2)(a)—(b) of this chapter, the Board may impose:

  (1) For a first violation, a penalty of not less than $500 or more than $1,000;

  (2) For the second violation, a penalty of not less than $1,000 or more than $1,500; and

  (3) For the third and any subsequent violation, a penalty of not less than $1,500 or more than $2,000.

#### Regulation .04 Appeal.

*COMAR 15.16.03.04*

A. Any person subject to the Board’s jurisdiction may appeal, according to Agriculture Article, §2-405, Annotated Code of Maryland, the Board's decision to impose an administrative penalty.

B. An operator shall be notified of this right to appeal.

#### Regulation .05 Penalty Payment.

*COMAR 15.16.03.05*

Unless a person appeals, the amount of a penalty shall be paid promptly to the Board.