3 DE Admin. Code 501. Harness Racing Rules and Regulations

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Delaware Administrative Code › Title 3 Agriculture › 500 Harness Racing Commission › 3 DE Admin. Code 501

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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1 DE Reg. 505 (11/01/97) | 10 DE Reg. 1424 (03/01/07)

1 DE Reg. 923 (01/01/98) | 11 DE Reg. 1050 (02/01/08)

3 DE Reg 1520 (05/01/00) | 12 DE Reg. 324 (09/01/08)

4 DE Reg. 6 (07/01/00) | 14 DE Reg. 1339 (06/01/11)

4 DE Reg 336 (08/01/00) | 15 DE Reg. 58 (07/01/11)

5 DE Reg. 832 (10/01/01) | 15 DE Reg. 1322 (03/01/12)

5 DE Reg. 1691 (03/01/02) | 16 DE Reg. 282 (09/01/12)

6 DE Reg. 862 (01/01/03) | 16 DE Reg. 1169 (05/01/13)

7 DE Reg. 1512 (05/01/04) | 17 DE Reg. 1059 (05/01/14)

8 DE Reg. 329 (08/01/04) | 18 DE Reg. 782 (04/01/15)

8 DE Reg. 698 (11/01/04) | 19 DE Reg. 189 (09/01/15)

8 DE Reg. 1108 (02/01/05) | 21 DE Reg. 971 (06/01/18)

9 DE Reg. 1066 (01/01/06) | 22 DE Reg. 48 (07/01/18)

9 DE Reg. 1367 (03/01/06) | 24 DE Reg. 943 (04/01/21)

9 DE Reg. 1951 (06/01/06) | 26 DE Reg. 831 (04/01/23)

10 DE Reg. 980 (12/01/06) | 27 DE Reg. 967 (06/01/24)

1 DE Reg. 505 (11/01/97) | 13 DE Reg. 841 (12/01/09)

1 DE Reg. 923 (01/01/98) | 13 DE Reg. 931 (01/01/10)

2 DE Reg. 684 (10/01/98) | 13 DE Reg. 1064 (02/01/10)

2 DE Reg. 1068 (01/01/99) | 14 DE Reg. 23 (07/01/10)

2 DE Reg. 1243 (01/01/99) | 14 DE Reg. 553 (12/01/10)

2 DE Reg. 1765 (04/01/99) | 14 DE Reg. 894 (03/01/11)

3 DE Reg. 432 (09/01/99) | 14 DE Reg. 1339 (06/01/11)

3 DE Reg. 1520 (05/01/00) | 15 DE Reg. 58 (07/01/11)

4 DE Reg. 6 (07/01/00) | 15 DE Reg. 1322 (03/01/12)

4 DE Reg 336 (08/01/00) | 16 DE Reg. 282 (09/01/12)

4 DE Reg. 1123 (01/01/01) | 16 DE Reg. 754 (01/01/13)

4 DE Reg. 1652 (04/01/01) | 16 DE Reg. 1169 (05/01/13)

5 DE Reg. 832 (10/01/01) | 17 DE Reg. 1059 (05/01/14)

5 DE Reg. 1691 (03/01/02) | 17 DE Reg. 1060 (05/01/14)

5 DE Reg. 1903 (04/01/02) | 18 DE Reg. 466 (12/01/14)

6 DE Reg. 862 (01/01/03) | 18 DE Reg. 782 (04/01/15)

7 DE Reg. 42 (07/01/03) | 19 DE Reg. 189 (09/01/15)

7 DE Reg. 1512 (05/01/04) | 19 DE Reg. 1077 (06/01/16)

8 DE Reg. 329 (08/01/04) | 21 DE Reg. 563 (01/01/18)

8 DE Reg. 698 (11/01/04) | 21 DE Reg. 971 (06/01/18)

8 DE Reg. 1108 (02/01/05) | 22 DE Reg. 47 (07/01/18)

9 DE Reg. 1066 (01/01/06) | 22 DE Reg. 48 (07/01/18)

9 DE Reg

Reg. 466 (12/01/14)

6 DE Reg. 862 (01/01/03) | 18 DE Reg. 782 (04/01/15)

7 DE Reg. 42 (07/01/03) | 19 DE Reg. 189 (09/01/15)

7 DE Reg. 1512 (05/01/04) | 19 DE Reg. 1077 (06/01/16)

8 DE Reg. 329 (08/01/04) | 21 DE Reg. 563 (01/01/18)

8 DE Reg. 698 (11/01/04) | 21 DE Reg. 971 (06/01/18)

8 DE Reg. 1108 (02/01/05) | 22 DE Reg. 47 (07/01/18)

9 DE Reg. 1066 (01/01/06) | 22 DE Reg. 48 (07/01/18)

9 DE Reg. 1367 (03/01/06) | 22 DE Reg. 467 (12/01/18)

9 DE Reg. 1951 (06/01/06) | 23 DE Reg. 556 (01/01/20)

10 DE Reg. 980 (12/01/06) | 24 DE Reg. 662 (01/01/21)

10 DE Reg. 1424 (03/01/07) | 24 DE Reg. 942 (04/01/21)

11 DE Reg. 308 (09/01/07) | 24 DE Reg. 943 (04/01/21)

11 DE Reg. 1050 (02/01/08) | 25 DE Reg. 693 (01/01/22)

12 DE Reg. 324 (09/01/08) | 26 DE Reg. 831 (04/01/23)

12 DE Reg. 666 (11/01/08) | 27 DE Reg. 967 (06/01/24)

12 DE Reg. 1074 (02/01/09)

12 DE Reg. 1305 (04/01/09)

12 DE Reg. 1513 (06/01/09)

1.0 Definitions

“Act” is Chapter 100 of Title 3 of the Delaware Code .

“Added money" is the amount exclusive of trophy added into a stakes by the association, or by sponsors, state‑bred programs or other funds added to those monies gathered by nomination, entry, sustaining and other fees coming from the horsemen.

“Age” of a horse foaled in North America shall be reckoned from the first day of January of the year of foaling.

“Also eligible” pertains to a number of eligible horses, properly entered, which were not drawn for inclusion in a race, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline.

“Appeal” is a request for the Commission or its designee to investigate, consider and review any decisions or rulings of steward/judges of a meeting.

“Association” is a person or business entity holding a license from the commission to conduct racing and/or pari-mutuel wagering

ce, but which become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline.

“Appeal” is a request for the Commission or its designee to investigate, consider and review any decisions or rulings of steward/judges of a meeting.

“Association” is a person or business entity holding a license from the commission to conduct racing and/or pari-mutuel wagering.

“Association grounds” is all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities and parking lots and any other areas under the jurisdiction of the Commission.

“Authorized agent” is a person licensed by the Commission and appointed by a written instrument, signed and acknowledged before a notary public by the owner in whose behalf the agent will act.

“Betting interest” is one or more horses in a pari-mutuel contest which are identified by a single program number for wagering purposes.

“Bleeder” is a horse which has demonstrated external evidence of exercise induced pulmonary hemorrhage (epistaxis, or bleeding from one or both nostrils) and/or the existence of hemorrhage into the trachea post exercise as observed upon endoscopic examination.

“Bleeder List” is a tabulation of all bleeders to be maintained by the Commission.

“Claiming race” is a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with the rules.

“Commission" is the Delaware Harness Racing Commission.

“Conditioned race” is an overnight race to which eligibility is determined according to specified conditions which include age, sex, earnings, number of starts and position of finishes.

“Controlled substance” is any substance included in the 5 classification schedules of the (U.S.) Controlled Substance Act of 1970.

“Coupled entry” is 2 or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes (also see "entry")

mined according to specified conditions which include age, sex, earnings, number of starts and position of finishes.

“Controlled substance” is any substance included in the 5 classification schedules of the (U.S.) Controlled Substance Act of 1970.

“Coupled entry” is 2 or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes (also see "entry").

“Course” is the track over which horses race.

“Dead heat” is the finish of a race in which the noses of 2 or more horses reach the finish line at the same time.

“Declaration” is the naming of a particular horse as a starter in a particular race.

“Draw” is the process of assigning post positions and the process of selecting contestants in a manner to ensure compliance with the conditions of the rules of racing.

“Driver” is a person who is licensed to drive in races.

“Early closing race” is a race for a definite amount of money to which entries close at least 6 weeks prior to the race.

“Entry” (see "coupled entry").

“Exhibition race” is a race on which no wagering is permitted.

“ Extended break ” of a horse is a horse that is not on its proper gait for 25 consecutive strides or more after the start of the race.

“Financial interest” is an interest that could result directly or indirectly in receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a horse or business entity; or as a result of salary, gratuity or other compensation or remuneration from any person. The lessee and lessor of a horse have a financial interest.

“Guest association” is an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same jurisdiction or another jurisdiction.

“Handicap” is a race in which allowances are made according to a horse's age, sex, claiming price and performance.

“Handle” is the total amount of all pari-mutuel wagering sales excluding refunds and cancellations

association” is an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same jurisdiction or another jurisdiction.

“Handicap” is a race in which allowances are made according to a horse's age, sex, claiming price and performance.

“Handle” is the total amount of all pari-mutuel wagering sales excluding refunds and cancellations.

“Host association” is the association conducting a licensed pari-mutuel meeting from which authorized contests or entire performances are simulcast.

“In harness” is when the horses are attached to a dual shaft sulky. All sulkies used in a race must be equipped with unicolored or colorless wheel discs of a type approved by the Commission and placed on the inside and outside of the wheel. Any change in the basic design of a sulky and/or major equipment shall require Commission approval. Rules, regulations, standards and/or guidelines affecting the use of any new sulky and/or equipment must be approved by the Commission before their adoption.

“Inquiry” is when the judges suspect that a foul or any other misconduct occurred during a heat or dash.

“ Kicking ” is a blow or thrust with the foot against any part of the horse’s body or to impel by striking with the foot at any time on the racetrack, including before, during or after the race.

“Late closing race” is a race for a fixed amount of money to which entries close less than 6 weeks but not more than 3 days before the race is to be contested.

“ Length ” is the distance defined as extending from a horse's nose to the posterior of the hindquarters. A length shall not include the space occupied by the driver or sulky beyond the horse's hindquarters.

“Licensee” is any person or entity holding a license from the Commission to engage in racing or a regulated activity

s than 6 weeks but not more than 3 days before the race is to be contested.

“Licensee” is any person or entity holding a license from the Commission to engage in racing or a regulated activity.

“Maiden” is a stallion, mare or gelding that has never won a heat or race at the gait at which it is entered to start and for which a purse is offered; provided, however, that other provisions of these Rules notwithstanding, races and/or purse money awarded to a horse after the ‘Official Sign’ has been posted shall be considered winning performance and effect status as a maiden, and in such cases a horse placed first by virtue of disqualification shall acquire a win race record only if such horse’s actual time can be determined by photo finish or electronic timing in accordance with the provisions of Rule 7.2.1.

“Match race” is a race between 2 or more horses under conditions agreed to by their owners.

“Matinee race” is a race in which no entrance fee is charged and where the premiums, if any, are other than money.

“Meeting” is the specified period and dates each year during which an association is authorized to conduct racing and/or pari-mutuel wagering by approval of the Commission.

“Minus pool” occurs when the amount of money to be distributed on winning wagers is in excess of the amount of money comprising the net pool.

“Mutuel field” is 2 or more contestants treated as a single betting interest for pari-mutuel wagering purposes because the number of betting interests exceeds the number that can be handled individually by the pari-mutuel system.

“Net pool” is the amount of gross ticket sales less refundable wagers and statutory commissions.

“No contest” is a race canceled for any reason by the stewards/judges

ol.

“Net pool” is the amount of gross ticket sales less refundable wagers and statutory commissions.

“No contest” is a race canceled for any reason by the stewards/judges.

“ Nomination ” is the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee.

“Objection” is a verbal claim of foul in a race lodged by the horse's driver.

“Off time” is the moment at which, on the signal of the official starter, the starting gate is opened, officially dispatching the horses in each contest.

“Official order of finish” is the order of finish of the horses in a contest as declared official by the judges.

“Official starter” is the official responsible for dispatching the horses for a race.

“Official time” is the elapsed time from the moment the first horse crosses the timing beam until the first horse crosses the finish line.

“Optional claiming race” is a conditioned race in which a horse may be entered for a stated claiming price. In the case of horses entered to be claimed in such a race, the race shall be considered, for the purpose of these rules, a claiming race. In the case of horses not entered to be claimed in such a race, the race shall be considered a conditioned race.

“Overnight race” is a contest for which declarations close not more than 7 days, omitting Sunday, before the date on which it will be contested. In the absence of conditions or notice to the contrary, declarations must close not later than 6:00 p.m. of the day preceding the race.

“Owner” is a person who holds any title, right or interest, whole or partial in a horse, including the lessee and lessor of a horse.

“Paddock” is an enclosure in which horses scheduled to compete in a contest are confined prior to racing

hich it will be contested. In the absence of conditions or notice to the contrary, declarations must close not later than 6:00 p.m. of the day preceding the race.

“Owner” is a person who holds any title, right or interest, whole or partial in a horse, including the lessee and lessor of a horse.

“Paddock” is an enclosure in which horses scheduled to compete in a contest are confined prior to racing.

“Pari‑mutuel system” is the manual, electro‑mechanical or computerized system and all software (including the totalisator, account betting system and off‑site betting equipment) that is used to record bets and transmit wagering data.

“Pari‑mutuel wagering” is a form of wagering on the outcome of an event in which all wagers are pooled and held by an association for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning horses.

“Patron” is a member of the public present on the grounds of a pari-mutuel association during a meeting for the purpose of wagering or to observe racing.

“Person” is any individual, partnership, corporation or other association or entity.

“Post position” is the preassigned position from which a horse will leave the starting gate.

“Post time” is the scheduled starting time for a contest.

“Primary laboratory” is a facility designated by the Commission for the testing of samples.

“ Principal trainer ” is the trainer listed on the race program.

“Programmed” means listed in the official program made available for sale or distribution to the public.

“Protest” is a written complaint alleging that a horse is ineligible to race.

“Purse” is the total cash amount for which a race is contested.

“Race" is a contest between horses at a licensed meeting.

“Protest” is a written complaint alleging that a horse is ineligible to race.

“Purse” is the total cash amount for which a race is contested.

“Race" is a contest between horses at a licensed meeting.

“Requalifying test” An analysis of any biological substance procured from a horse that has been deemed ineligible to perform in any race or official workout due to a violation of DHRC medication rules. A requalifying test is taken when a horse is out-of-competition and/or on the Steward’s and/or Veterinarian’s List. A requalifying test is taken with the intent of providing a negative test of prohibited substances or to show compliance with permissible thresholds.

“Required days off” horses restricted from racing for a specified number of days will start their days the day of the scheduled race.

“Restricted area” is an enclosed portion of the association grounds to which access is limited to licensees whose occupation or participation requires access.

“Result” is that part of the official order of finish used to determine the pari-mutuel payout of pools for each individual contest.

“Rules” are the Rules of the Delaware Harness Racing Commission.

“Satisfactory charted line” is one that meets the standards at the track at which a horse participates.

“Scoring” is the preliminary practice given to horses after the post parade and prior to being called to line up for the start of a race by the official starter.

“Scratch” is the act of withdrawing an entered horse from a contest after the closing of entries.

“Simulcast” is the live audio and visual transmission of a contest to another location for pari-mutuel wagering purposes.

“Split sample laboratory” is a facility approved by the Commission to test split samples.

“Stakes race” is a race which will be contested in a calendar year subsequent to the closing of nominations.

“Sulky” is a dual wheel racing vehicle with dual shafts not exceeding the height of the horse's withers. Shafts must be hooked separately on each side

nother location for pari-mutuel wagering purposes.

“Split sample laboratory” is a facility approved by the Commission to test split samples.

“Stakes race” is a race which will be contested in a calendar year subsequent to the closing of nominations.

“Sulky” is a dual wheel racing vehicle with dual shafts not exceeding the height of the horse's withers. Shafts must be hooked separately on each side.

“Totalisator” is the system used for recording, calculating, and disseminating information about ticket sales, wagers, odds and payoff prices to patrons at a pari-mutuel wagering facility.

“ Trainer ” is an individual who receives any compensation, either directly or indirectly, for training the horse or who performs any of the criteria in subsections 5.3.1.3.1 through 5.3.1.3.5. The trainer(s) is (are) the person or persons to whom trainer-related penalties shall apply in the event of a rule violation. In addition, there is a presumption that domestic partners that are individually licensed by the Commission will both be considered as trainer.

“ Tubing ” is the administration of any substance via a naso-gastric tube.

" Veterinarian " is a veterinary practitioner licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and authorized to practice at the race track.

" Veterinary technician " is a technician licensed by the State of Delaware under Title 24, Chapter 33 of the Delaware Code and authorized to practice at the race track. Veterinary technicians are authorized by the Commission to administer Bleeder medications and take samples of blood and urine, both under the supervision of a veterinarian.

1 DE Reg. 501 (11/01/97)

2 DE Reg. 1068 (01/01/99)

5 DE Reg. 832 (10/01/01)

11 DE Reg. 1050 (02/01/08)

22 DE Reg. 47 (07/01/18)

22 DE Reg. 467 (12/01/18)

23 DE Reg. 556 (01/01/20)

26 DE Reg

orized to practice at the race track. Veterinary technicians are authorized by the Commission to administer Bleeder medications and take samples of blood and urine, both under the supervision of a veterinarian.

1 DE Reg. 501 (11/01/97)

2 DE Reg. 1068 (01/01/99)

5 DE Reg. 832 (10/01/01)

11 DE Reg. 1050 (02/01/08)

22 DE Reg. 47 (07/01/18)

22 DE Reg. 467 (12/01/18)

23 DE Reg. 556 (01/01/20)

26 DE Reg. 831 (04/01/23)

2.0 Commission

2.1 Purpose

2.1.1 The Delaware Harness Racing Commission, created by the Act, Title 4, Chapter 100, of the Delaware Code , is charged with implementing, administering and enforcing the Act. It is the intent of the Commission that the rules of the Commission be interpreted in the best interests of the public and the State of Delaware.

2.1.2 Through these Rules, the Commission intends to implement its statutory mandate to promulgate and prescribe such rules and regulations as are necessary and proper for the purpose of regulating and overseeing the sport of harness racing, as defined in the Act, within the State of Delaware in the public interest, including the regulation of the conduct of all grooms, drivers and owners and their employees, and the regulation of all harness racing horses entered or to be entered in any harness racing meet authorized by the Commission pursuant to the Act.

2.2 General Authority

2.2.1 The Commission shall regulate each race meeting and the persons who participate in each race meeting.

2.2.2 Pursuant to the authority granted in the Act the Commission may delegate to the Board of Judges all powers and duties necessary to fully implement the purposes of the Act.

2.3 Membership And Meetings

2.3.1 The Commission consists of 5 members appointed as prescribed by the Act

uthority

2.2.1 The Commission shall regulate each race meeting and the persons who participate in each race meeting.

2.2.2 Pursuant to the authority granted in the Act the Commission may delegate to the Board of Judges all powers and duties necessary to fully implement the purposes of the Act.

2.3 Membership And Meetings

2.3.1 The Commission consists of 5 members appointed as prescribed by the Act. No member of the Commission shall be licensed or regulated, directly or indirectly, by the Commission, nor shall any member of the Commission have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any firm, association or corporation so licensed or regulated or which participates in pari-mutuel meetings in any manner. No member of the Commission shall be a person not of good moral character, nor shall a member of the Commission be a person convicted of, or under indictment for, a felony under the laws of Delaware or any other state, or the United States.

2.3.2 The Chairman of the Commission shall be appointed by the Governor. If at any time the Governor has not appointed a Chairman of the Commission, the Chairman of the Commission shall be elected by majority vote of the members of the Commission, with such election to be effective until such time as the Governor has appointed a Chairman of the Commission. The Vice Chairman of the Commission shall be elected annually at the January meeting of the Commission by majority vote of the members of the Commission. The Vice Chairman shall serve as Chairman at any meeting from which the Chairman is absent.

2.3.3 The Commission shall meet at the call of the Chairman or of a majority of the members. The Commission shall establish and maintain offices on each Association grounds, and at such other places as the Commission deems appropriate, and shall meet at least monthly during the period when any Association is conducting a harness horse racing meet, and at such other times as deemed necessary

bsent.

2.3.4 A majority of the Commission constitutes a quorum. When a quorum is present, a motion before the Commission is carried by an affirmative vote of the majority of the Commissioners present at the meeting.

2.3.5 To the extent required by 29 Del.C. Ch. 101 or by the Act, the Commission rules and orders shall be subject to the Administrative Procedures Act.

2.3.6 A Commission member may not act in the name of the Commission on any matter without a majority vote of a quorum of the Commission.

2.4 Annual Report. The Commission shall submit an annual report as prescribed by the Act.

2.5 Employees/Officials

2.5.1 The Commission may appoint officers, clerks, stenographers, inspectors and officials or employees as it deems necessary to implement, administer and enforce the Act. No person shall be appointed to or hold any such office or position who holds any official relation to any Association conducting harness horse racing within the State of Delaware, or whose parent, child or sibling is so engaged during the meeting at which such person is so appointed. Regardless of who pays the salary of such officials or employees, the Commission shall determine and insure that such officials or employees perform their duties in the public interest.

so appointed. Regardless of who pays the salary of such officials or employees, the Commission shall determine and insure that such officials or employees perform their duties in the public interest.

2.5.2 The Administrator of Harness Racing (Administrator) within the Department of Agriculture shall maintain the records of the Commission and shall perform other duties as required by the Commission. Except as otherwise provided by a rule of the Commission, if a rule of the Commission places a duty on the Administrator, the Administrator may delegate that duty to another employee of the Department of Agriculture or of the Commission.

2.5.3 No Commissioner, racing official, judge or employee of the Commission whose duty it is to insure that the rules and regulations of the Commission are complied with shall wager in any pari-mutuel pool at any facility or through any pari-mutuel system subject to the jurisdiction of this Commission, or otherwise bet on the outcome of any race regulated by the Commission or have any financial or pecuniary interest in the outcome of any race regulated by the Commission.

2.6 Power of Entry

2.6.1 A member or employee of the Commission, a judge, a peace officer or a designee of such a person may enter any area on Association grounds regulated by the Commission, or any other place of business of an Association regulated by the Commission, at any time to enforce or administer the Act or Commission rules, including the requirements set forth in Rule 4 of these Rules pertaining to Associations.

2.6.2 An Association or an officer, employee or agent of an Association may not hinder a person who is conducting an investigation under or attempting to enforce or administer the Act or Commission rules

Association regulated by the Commission, at any time to enforce or administer the Act or Commission rules, including the requirements set forth in Rule 4 of these Rules pertaining to Associations.

2.7 Subpoenas

2.7.1 A member of the Commission, the Administrator, the judges, the Commission Investigator, the presiding officer of a Commission proceeding or other person authorized to perform duties under the Act may require by subpoena the attendance of witnesses and the reproduction of books, papers and documents. Subpoenas as authorized by such persons shall be issued in blank under the hand of any Commissioner and over the seal of the Commission to any party.

2.7.2 A member of the Commission, the Administrator, a presiding officer of a Commission proceeding or other person authorized by the Commission may administer an oath or affirmation to a witness appearing before the Commission or a person authorized by the Commission.

2.7.3 If any person refuses to obey any subpoena requiring the person to appear, to testify, or to produce any books, papers and documents, the Commission may apply to the Superior Court of the county in which the Commission is sitting, and, thereupon, the Court shall issue its subpoena requiring the person to appear and to testify, or to produce the books, papers and documents.

2.8 Records

2.8.1 Except as otherwise provided by the Act, Commission records are subject to the Freedom of Information Act, 29 Del.C. Ch. 100 .

2.8.2 Except as otherwise authorized by statute, all original records of the Commission shall be maintained in the main offices of the Commission at the Department of Agriculture in Dover, Delaware. No person may remove an original record from the offices of the Commission without the approval of the Administrator

ommission records are subject to the Freedom of Information Act, 29 Del.C. Ch. 100 .

2.8.3 To inspect Commission records, a person must make a written request to the Commission in conformity with 29 Del.C. Ch. 100 , and must pay all costs including preparing or copying the record and postage, if applicable. The Commission shall determine the costs involved in preparing or copying the record as provided by the Freedom of Information Act.

2.9 Allocation of Race Dates and Permits. The Commission shall allocate race dates and permits to each Association in accordance with the Act. An Association shall apply to the Commission for race dates to be conducted in the next calendar year. The application must contain the information required by the Act and Commission licensing procedure. After the request is filed, the Commission may require the Association to submit additional information.

2.10 Commission’s Powers. The Commission shall promulgate administrative regulations for effectively preventing the use of improper devices, the administration of drugs or stimulants or other improper acts for the purpose of affecting the speed or health of horses in races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine, or other tests for enforcement of the Commission’s drug testing rules and regulations

n races in which they are to participate. The Commission is also authorized to promulgate administrative regulations for the legal drug testing of licensees. The Commission is authorized to contract for the maintenance and operation of a testing laboratory and related facilities, for the purpose of saliva, urine, or other tests for enforcement of the Commission’s drug testing rules and regulations. The licensed persons or associations conducting harness racing shall reimburse the Commission for all costs of the drug testing programs established pursuant to this section. Increases in costs of the aforementioned testing program shall be reasonable and related to expansion in the number of days of racing and the number of races held, the need to maintain competitive salaries, and inflation. The Commission may not unreasonably expand the drug testing program beyond the scope of the program in effect as of June 30, 1998. Any decision by the Commission to expand the scope of the drug testing program that occurs after an administrative hearing, at which the persons or Associations licensed under 3 Del.C. §10022 consent to such expansion, shall not be deemed an unreasonable expansion for purposes of this section. The Commission, in addition to the penalties contained in 3 Del.C. §10026 , may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs.

1 DE Reg. 504 (11/01/97)

2 DE Reg. 1240 (01/01/99)

10 DE Reg. 980 (12/01/06)

14 DE Reg. 894 (03/01/11)

3.0 Officials

3.1 General Provisions

3.1.1 Racing Officials

of this section. The Commission, in addition to the penalties contained in 3 Del.C. §10026 , may impose penalties on licensees who violate the drug testing regulations including imposition of fines or assessments for drug testing costs.

1 DE Reg. 504 (11/01/97)

2 DE Reg. 1240 (01/01/99)

10 DE Reg. 980 (12/01/06)

14 DE Reg. 894 (03/01/11)

3.0 Officials

3.1 General Provisions

3.1.1 Racing Officials. Officials at a race meeting may include the following, as determined by the Commission:

3.1.1.1 Board of Judges;

3.1.1.2 Racing secretary;

3.1.1.3 Paddock judge;

3.1.1.4 Horse identifier / equipment checker;

3.1.1.5 Starter;

3.1.1.6 Charter / program director;

3.1.1.7 Timer / photo finish technician;

3.1.1.8 Patrol judge;

3.1.1.9 DHRC veterinarian and veterinary technician;

3.1.1.10 Bleeder medication veterinarian and veterinary technician;

3.1.1.11 Chief DHRC Investigator;

3.1.1.12 Administrator of Racing; and

3.1.1.13 Any other person designated by the Commission.

3.1.2 Eligibility. To qualify as a racing official the appointee must be licensed by the Commission after a determination that he:

3.1.2.1 Is of good moral character and reputation;

3.1.2.2 Is experienced in or knowledgeable of harness racing;

3.1.2.3 Is familiar with the duties to which he is appointed and with the Commission's rules and regulations;

3.1.2.4 Possesses the mental and physical capacity to perform his duties; and

3.1.2.5 Is not under suspension or ejection by the U.S.T.A., Standardbred Canada or any racing jurisdiction.

3.1.3 Approval and Licensing. The Commission, in its sole discretion, may determine the eligibility of a racing official and, in its sole discretion, may approve or disapprove any such official for licensing.

3.1.4 Prohibited Practices

mental and physical capacity to perform his duties; and

3.1.2.5 Is not under suspension or ejection by the U.S.T.A., Standardbred Canada or any racing jurisdiction.

3.1.4 Prohibited Practices. Racing officials and their assistants shall not engage in any of the following activities while serving in an official capacity at a race meeting:

3.1.4.1 Participate in the sale or purchase, or own any horse racing at the meeting;

3.1.4.2 Sell or solicit horse insurance on any horse racing at the meeting;

3.1.4.3 Be licensed in any other capacity without permission of the Commission;

3.1.4.4 Wager on the outcome of any live or simulcast race;

3.1.4.5 Refuse to take a breath analyzer test or submit to a blood or urine sample when directed by the Commission or its designee; or

3.1.4.6 Perform their official duties on any day in which any horse is entered or races in any live race at the Association grounds that is owned, trained, driven, or groomed, by the official’s spouse, parent, child, or sibling without the permission of the Commission. If repeated such conflicts interfere with the official's performance of his normal duties, or with any other official's performance of his official duties, then the Commission shall approve another person to replace the official with the familial conflict.

3.1.5 Report of Violations. Racing officials and their assistants shall report immediately to the presiding judge or judges every observed violation of these rules and of the laws of this jurisdiction governing racing.

3.1.6 Complaints Against Officials. Any formal complaint against a racing official other than a judge shall be made to the presiding judge in writing and signed by the complainant

3.1.6 Complaints Against Officials. Any formal complaint against a racing official other than a judge shall be made to the presiding judge in writing and signed by the complainant. All such complaints shall be reported to the Commission by the presiding judge, as appropriate, together with a report of the action taken or the recommendation of the presiding judge. Formal complaints against the presiding judge or any judge shall be made in writing to the Commission and signed by the complainant.

3.1.7 Appointment

3.1.7.1 No person shall be appointed to hold any official position who has any official relation to any person employed by a corporation or Association conducting harness racing within this State. No Commissioner, racing official, or judge whose duty is to insure that the rules and regulations of the Commission are complied with shall bet on any race during any live racing program nor have any financial or pecuniary interest in the outcome of any race regulated by the Commission. All employees appointed under 3 Del.C. §10007(a-c) shall serve at the pleasure of the Commission and are to be paid a reasonable compensation.

tion.

3.1.7.2 The Commission shall appoint or approve the Board of Judges at each harness race meeting. The Commission may appoint such officials on an annual basis. In addition to any minimum qualifications promulgated by the Commission, all applicants for the positions on the Board of Judges must possess a USTA license and be fully accredited by a recognized university approved by the Commission. An applicant for the position of race judge must also have been previously employed as a steward, patrol judge, or other racing official at a harness racing meeting for a period of not less than 45 days during three of the last 5 years, or have at least 5 years of experience as a licensed driver who has also served not less than 1 year as a licensed racing official at a harness racing meeting or have 10 years of experience as a licensed harness racing trainer who has served not less than 1 year as a licensed racing official at a harness racing meeting.

3.1.7.3 The Commission may appoint such officers, clerks, stenographers, inspectors, racing officials, veterinarians, and such other employees as it deems necessary, consistent with the purposes of 3 Del.C. Chapter 100 .

3.1.8 Appointment of Presiding Judge. Should the presiding judge or any judge be absent at race time, the presiding judge, or, in the presiding judge's absence the remaining judges shall appoint a deputy for the presiding judge or judges. If a deputy judge is appointed, the Commission shall be notified immediately by the presiding judge or remaining judges.

3.2 Board of Judges

3.2.1 General Authority

3.2.1.1 The Board of Judges for each meeting shall be responsible to the Commission for the conduct of the race meeting in accordance with the laws of this jurisdiction and these rules.

3.2.1.2 The Board of Judges shall enforce these rules and the racing laws of the State of Delaware

all be notified immediately by the presiding judge or remaining judges.

3.2 Board of Judges

3.2.1 General Authority

3.2.1.1 The Board of Judges for each meeting shall be responsible to the Commission for the conduct of the race meeting in accordance with the laws of this jurisdiction and these rules.

3.2.1.2 The Board of Judges shall enforce these rules and the racing laws of the State of Delaware.

3.2.1.3 The presiding judge's authority includes supervision of all racing officials, licensed personnel, other persons responsible for the conduct of racing and patrons, as necessary to ensure compliance with these rules.

3.2.1.4 The Board of Judges shall have authority to resolve conflicts or disputes related to racing and to discipline violators in accordance with the provisions of these rules.

3.2.1.5 The Board of Judges have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules.

3.2.1.6 The presiding judge shall be a representative of the Commission at all race meetings which the Commission may direct such presiding judge to attend. The presiding judge shall be the senior officer at such meetings and, subject to the control and direction of the Commission, shall have general supervision over the racing officials, medication program and drug-testing officials, and all other employees and appointees of the Commission employed at such race meet or meetings. The presiding judge shall, subject to the general control of the Commission, monitor the conduct of the racing and the pari-mutuel department, and supervise the testing of horses and drivers. The presiding judge at all times shall have access to all parts of the association grounds, including the racecourse, physical plant and grounds. Upon instruction from the Commission, the presiding judge shall conduct hearings and investigations, and report his findings to the Commission

itor the conduct of the racing and the pari-mutuel department, and supervise the testing of horses and drivers. The presiding judge at all times shall have access to all parts of the association grounds, including the racecourse, physical plant and grounds. Upon instruction from the Commission, the presiding judge shall conduct hearings and investigations, and report his findings to the Commission. The presiding judge shall act for the Commission in all matters requiring its attention, to receive from all persons having knowledge thereof information required by the Commission and to perform all other duties for the compliance of the rules and regulations of the Commission and the laws of the State of Delaware.

3.2.2 Period of Authority. The Board of Judge’s period of authority shall commence 5 business days prior to the beginning of each race meeting and shall terminate with completion of their official business pertaining to the meeting.

3.2.3 Disciplinary Action

3.2.3.1 The Board of Judges shall take notice of alleged misconduct or rule violations and initiate investigations into the matters.

3.2.3.2 The Board of Judges shall have authority to charge any licensee for a violation of these rules, to conduct hearings and to impose disciplinary action in accordance with these rules.

3.2.3.3 The Board of Judges may compel the attendance of witnesses and the submission of documents or potential evidence related to any investigation or hearing.

3.2.3.4 The Board of Judges may at any time inspect license documents, registration papers and other documents related to racing.

3.2.3.5 The Board of Judges have the power to administer oaths and examine witnesses.

3.2.3.6 The Board of Judges shall consult with the chief DHRC veterinarian and/or the Commission chemist to determine the nature and seriousness of a laboratory finding or an alleged medication violation

f Judges may at any time inspect license documents, registration papers and other documents related to racing.

3.2.3.5 The Board of Judges have the power to administer oaths and examine witnesses.

3.2.3.7 The Board of Judges may impose, but are not limited to, any of the following penalties on a licensee for a violation of these rules:

3.2.3.7.1 The Board of Judges may take any appropriate actions against any horse for a violation or attempted violation of these rules.

3.2.3.7.2 The Board of Judges may suspend a license; or they may impose a fine in accordance with these Rules for each violation; or they may suspend and fine; or they may order that a person be ineligible for licensing. If a driver is given a driving suspension of 5 days or less by the Board of Judges in Delaware, then such penalty shall commence on the first day after the driver has fulfilled all of the driving obligations programmed in the State of Delaware at the time the penalty is assessed.

3.2.3.8 The Board of Judge’s ruling shall not prevent the Commission from imposing a more or less severe penalty.

3.2.3.9 The Board of Judges may refer any matter to the Commission and may include recommendations for disposition. The absence of a Board of Judge’s referral shall not preclude Commission action in any matter.

3.2.3.10 Purses, prizes, awards, and trophies shall be redistributed if the Board of Judges or Commission order a change in the official order of finish.

3.2.3.11 All fines imposed by the Board of Judges shall be paid to the Commission within 10 days after the ruling is issued, unless otherwise ordered.

3.2.4 Protests, Objections and Complaints. The Board of Judges shall investigate promptly and render a decision in every protest made to them. They shall maintain a record of all protests

or Commission order a change in the official order of finish.

3.2.3.11 All fines imposed by the Board of Judges shall be paid to the Commission within 10 days after the ruling is issued, unless otherwise ordered.

3.2.4 Protests, Objections and Complaints. The Board of Judges shall investigate promptly and render a decision in every protest made to them. They shall maintain a record of all protests. The Board of Judges shall file daily with the Commission a copy of each protest, objection or complaint and any related ruling. All protests must be in writing and lodged with the Board of Judges not later than 48 hours after the race in question.

3.2.5 Judges’ Presence. One judge shall be present in the stand 30 minutes prior to the race to observe and the others shall be present no less than 15 minutes prior to the race, during the contesting of the race and 15 minutes after the finish.

3.2.6 Order of Finish for Pari‑Mutuel Wagering

3.2.6.1 The judges shall determine the official order of finish for each race in accordance with the rules of the race (see Section 7.0).

3.2.6.2 The decision of the judges as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the contesting of the race, shall be final for purposes of distribution of the pari-mutuel wagering pool.

3.2.7 Cancel Wagering. The Board of Judges has the authority to cancel wagering and order refunds where applicable on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.

3.2.8 Steward's List

3.2.8.1 The judges shall maintain a Steward's List of the horses which are ineligible to be entered in a race

rity to cancel wagering and order refunds where applicable on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.

3.2.8 Steward's List

3.2.8.1 The judges shall maintain a Steward's List of the horses which are ineligible to be entered in a race.

3.2.8.2 A horse that is unfit to race because it is dangerous, unmanageable or unable to show a performance to qualify for races at the meeting, scratched as a result of a high blood gas test, or otherwise unfit to race at the meeting may be placed on the Steward's List by the presiding judge and declarations or entries on the horse shall be refused. The owner or trainer shall be notified of such action and the reason shall be clearly stated. When any horse is placed on the Steward's List, the Program Director shall make a note on the electronic eligibility certificate of such horse, showing the date the horse was put on the Steward's List the reason and the date of removal if the horse has been removed.

3.2.8.3 Following an examination all horses scratched by a veterinarian for either lameness or sickness will be put on the Steward's List and cannot race for at least 7 days from the date of the scratched race. Entries will be accepted during this 7 day period for a race to be contested after the seventh day. Following an examination veterinarians may put a horse on the Steward’s List for sickness or lameness for more than 7 days if necessary. In that instance, the horse may not race until proscribed number of days has expired. Entries will be accepted during this period for a race to be contested after the proscribed number of days has expired.

ed. Entries will be accepted during this period for a race to be contested after the proscribed number of days has expired.

3.2.8.4 No presiding judge or other official at a race meeting shall have the power to remove from the Steward's List and accept as an entry any horse which has been placed on a Steward's List and not subsequently removed for the reason that he it is dangerous or unmanageable. Such meetings may refuse declarations or entries on any horse that has been placed on the Steward's List and has not been removed.

3.2.8.5 No entry or declaration to start shall be accepted by any Association in this jurisdiction without having had a negative official test for equine infectious anemia within 12 months.

3.2.8.6 The judges may put any horse on the Steward's List for performance when such horse shows a reversal of form or does not race near its own capabilities. Such horse shall qualify in a time comparable to its known capabilities from 1 to 3 times, at the discretion of the judges, before being allowed to start.

3.2.8.7 Any horse put on the Steward's List as unmanageable or dangerous must qualify in a satisfactory manner for the judges at least 2 times.

3.2.8.8 The judges may put any horse on the Steward's List for being noncompetitive or unfit to race at the meeting.

3.2.8.9 The judges may place a horse on the Steward's List when there exists a question as to the exact identification, ownership or management of said horse.

3.2.8.10 A horse which has been placed on the Steward's List because of questions as to the exact identification or ownership of said horse, may be removed from the Steward's List when, in the opinion of the judges, proof of exact identification or ownership has been established.

3.2.8.11 A horse may not be released from the Steward's List without the permission of the judges.

3.2.9 List of Nerved Horses. The judges shall maintain a list of nerved horses participating at the race meet and shall post this list in the race office.

3.3 Racing Secretary

3.3.1 General Authority

when, in the opinion of the judges, proof of exact identification or ownership has been established.

3.2.8.11 A horse may not be released from the Steward's List without the permission of the judges.

3.2.9 List of Nerved Horses. The judges shall maintain a list of nerved horses participating at the race meet and shall post this list in the race office.

3.3 Racing Secretary

3.3.1 General Authority. The racing secretary is responsible for setting the conditions for each race of the race meeting, regulating the nomination of entries and determining the amounts of purses and to whom they are due. The racing secretary shall check and verify the eligibility of all horses entered.

3.3.2 Race Information. The racing secretary shall be familiar with the age, class and competitive ability of all horses racing at the meeting.

3.3.3 Classifications. The racing secretary shall classify horses in accordance with these rules.

3.3.4 Listing of Horses. The racing office shall:

3.3.4.1 Examine all entry forms and declarations to verify information as set forth therein;

3.3.4.2 Select the horses to start and the also eligible horses from the declarations in accordance with these rules;

3.3.4.3 Provide the listing of horses in the daily program; and

3.3.4.4 Ensure that no horse races within 48 hours of its last race.

3.3.5 Nominations and Declarations. The racing secretary shall examine nominations and declarations and early closing events, late closing events and stakes events to verify the eligibility of all declarations and nominations and compile lists thereof for publication.

3.3.6 Conditions. The racing secretary shall establish the conditions and eligibility for entering races and cause them to be published to owners, trainers and the Commission and be posted in the racing secretary's office.

3.3.7 Posting of Entries. Upon completion of the draw each day, the racing secretary shall post a list of entries in a conspicuous location in his office and make the list available to the media

The racing secretary shall establish the conditions and eligibility for entering races and cause them to be published to owners, trainers and the Commission and be posted in the racing secretary's office.

3.3.7 Posting of Entries. Upon completion of the draw each day, the racing secretary shall post a list of entries in a conspicuous location in his office and make the list available to the media.

3.3.8 Winnings

3.3.8.1 For the purpose of establishing conditions, winnings shall be considered to include all monies and prizes won up to the time of the start of a race.

3.3.8.2 Winnings during the year shall be calculated by the racing secretary from the preceding January 1.

3.3.9 Cancellation of a Race. In case of unfavorable weather or other unavoidable cause, Associations, upon notifying of the presiding judge may postpone or cancel races.

3.4 Paddock Judge

3.4.1 General Authority. Under the direction and supervision of the presiding judge, the paddock judge shall:

3.4.1.1 Ensure that all horses entered in a heat or dash are on the racetrack at the time designated by the presiding judge to be formed in a parade line; that such horses are attended by their drivers unless specifically excused by the paddock judge; that all horses in heat or race parade from the paddock upon the track and before the grandstand not later than 5 minutes before post time; and that drivers not engage in conversation during the post parade. A horse failing to parade without being excused by the paddock judge may be scratched from the race or its driver or trainer may be penalized;

3.4.1.2 Supervise the horse identifier/equipment checker;

3.4.1.3 Supervise the paddock gate operators;

3.4.1.4 Ensure that all horses are in the paddock at the time prescribed by the presiding judge, but in any event not less than 1 hour but not more than 2 hours prior to post time of the race in which the horse is to compete

y be scratched from the race or its driver or trainer may be penalized;

3.4.1.2 Supervise the horse identifier/equipment checker;

3.4.1.3 Supervise the paddock gate operators;

3.4.1.5 Ensure that no driver or groom once admitted to the paddock or receiving barn shall leave the same other than to warm up said horse or other race related activity until such race, or races, for which he was admitted is contested; provided, however, that in the event of an emergency, a license may leave the paddock but only with the permission of the paddock judge, in which case the paddock judge shall maintain a written record thereof, which shall be delivered to the presiding judge. Only a licensed owner or trainer who has another horse racing in a later race, shall return to the paddock until all races of that program have been completed;

3.4.1.6 Direct the activities of the paddock blacksmith;

3.4.1.7 Ensure that only persons properly authorized by the licensing office are admitted in the paddock, including:

3.4.1.7.1 Owners of horses competing on the date of the race and whose horses are in the paddock with the exception of all owners of registered stables;

3.4.1.7.2 Trainers of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.3 Drivers of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.4 No more than 2 grooms of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.5 Officials whose duties require their presence in the paddock or receiving barn; and

3.4.1.7.6 Ensure that no more than 2 owners of a registered stable, other than the driver, shall be entitled to admission to the paddock on any racing day, except by permi

s are in the paddock;

3.4.1.7.4 No more than 2 grooms of horses competing on the date of the race and whose horses are in the paddock;

3.4.1.7.5 Officials whose duties require their presence in the paddock or receiving barn; and

3.4.1.7.6 Ensure that no more than 2 owners of a registered stable, other than the driver, shall be entitled to admission to the paddock on any racing day, except by permission of the presiding judge;

3.4.1.8 Notify the presiding judge of any change in racing equipment or shoes before the race;

3.4.1.9 Inspect and supervise the maintenance of all emergency equipment kept in the paddock;

3.4.1.10 Notify the judges of the reason for any horse returning to the paddock after having entered the track for the post parade and before the start of the race;

3.4.1.11 Supervise and maintain the cleanliness of the paddock; and

3.4.1.12 Supervise the conduct of all persons in the paddock.

3.4.2 Report to the Presiding Judge. The paddock judge shall:

3.4.2.1 Immediately notify the presiding judge of anything that could in any way change, delay or otherwise affect the racing program;

3.4.2.2 Report to the presiding judge any observed cruelty to a horse; and

3.4.2.3 Any other violations of these rules.

3.5 Horse Identifier / Equipment Checker

3.5.1 General Authority. The horse identifier / equipment checker shall be present for each race. The duties of the horse identifier / equipment checker are:

3.5.1.1 Maintain a listing of all equipment worn, including shoes, and the tattoo or freeze brand, or Micro Chip number for each horse racing at the meeting;

3.5.1.2 Each time a horse races, identify the horse by checking the lip tattoo or freeze brand, or Micro Chip;

3.5.1.3 Compare the type and condition of equipment actually being used by each horse for each race with the approved equipment listed; and

3.5.1.4 Maintain and ensure the proper working condition of Micro Chip readers.

3.5.2 Report Violations

number for each horse racing at the meeting;

3.5.1.2 Each time a horse races, identify the horse by checking the lip tattoo or freeze brand, or Micro Chip;

3.5.1.3 Compare the type and condition of equipment actually being used by each horse for each race with the approved equipment listed; and

3.5.1.4 Maintain and ensure the proper working condition of Micro Chip readers.

3.5.2 Report Violations. The horse identifier / equipment checker shall report to the paddock judge immediately any discrepancies or faulty equipment discovered by the investigations specified in this Rule, which findings are to be reported immediately to the presiding judge. Such discrepancies shall be forwarded to the USTA. The presiding judge's ruling in these matters is final.

3.6 Starter

3.6.1 General Authority

3.6.1.1 The starter is responsible to provide a fair start for each race.

3.6.1.2 The starter shall be an employee or contractor of the association.

3.6.1.3 The starter shall ensure that the driver is cognizant of and capable of performing all required procedures.

3.6.2 Report Violations. The starter shall report violations of these rules occurring at the start of a race to the judges.

3.6.3 Disciplinary Action. The starter shall have authority to assess fines and to suspend the license of drivers for any violation of these rules from the formation of the parade until the word "Go" is given.

3.6.4 Schooling and Qualifying. The starter shall school horses as may be necessary and shall prepare a list of horses not qualified to start, which shall be delivered to the judges and entered on the Steward's List. The Steward's List shall be posted in the racing secretary's office with the list of horses not qualified to start.

3.7 Charter / Program Director

3.7.1 General Authority. The Charter is responsible for providing a complete and accurate chart of each race

e necessary and shall prepare a list of horses not qualified to start, which shall be delivered to the judges and entered on the Steward's List. The Steward's List shall be posted in the racing secretary's office with the list of horses not qualified to start.

3.7 Charter / Program Director

3.7.1 General Authority. The Charter is responsible for providing a complete and accurate chart of each race. An accurate Judge’s Book shall incorporate a chart of each race which shall include the following:

3.7.1.1 Horse's name and electronic eligibility certificate number;

3.7.1.2 Driver's name and USTA membership number, and trainer’s name and USTA membership number;

3.7.1.3 Date and place of the race;

3.7.1.4 Track code;

3.7.1.5 Track condition and temperature;

3.7.1.6 Type of race (trot or pace);

3.7.1.7 Classification of race;

3.7.1.8 Distance other than a mile;

3.7.1.9 Fractional times of the leading horse, including the race time;

3.7.1.10 Post position, position at the 1/4‑mile, the 1/2‑mile and the 3/4‑mile poles and at the head of the stretch with lengths behind the leader and finish position with lengths behind the winner;

3.7.1.11 Official order of finish;

3.7.1.12 Individual time of each horse;

3.7.1.13 Closing dollar odds (with favorite designated by an asterisk);

3.7.1.14 The standard symbols for breaks, park outs free legged pacers, and hobbled trotters where applicable;

3.7.1.15 The standard symbols for medications, where applicable;

3.7.1.16 In claiming races, the price for which the horse is entered to be claimed;

3.7.1.17 Mutuel data to include the payoff prices for win, place, show, daily double, exacta, trifecta, superfecta, and any other exotic wager;

3.7.1.18 Notations of placings, disqualifications and claimed horses;

3.7.1.19 The names and addresses of owners; and

3.7.1.20 Notations of scratched or ruled out horses.

3.7.2 Other Duties. The Charter / Program Director shall also be responsible for keeping and verifying the Judge’s Book and eligibility certificates provided by the U.S.T.A

xacta, trifecta, superfecta, and any other exotic wager;

3.7.1.18 Notations of placings, disqualifications and claimed horses;

3.7.1.19 The names and addresses of owners; and

3.7.1.20 Notations of scratched or ruled out horses.

3.7.2 Other Duties. The Charter / Program Director shall also be responsible for keeping and verifying the Judge’s Book and eligibility certificates provided by the U.S.T.A. / Standardbred Canada and recording therein all required information.

3.7.3 The Charter / Program Director is also responsible for furnishing the public complete and accurate past performance information.

3.8 Official Timer / Photo Finish Technician

3.8.1 General Authority. The timer shall accurately record the time elapsed between the start and finish of each race.

3.8.2 Timing Procedure. The time shall be recorded from the instant that the first horse leaves the point from which the distance is measured until the first horse reaches the finish line.

3.8.3 Timing Races

3.8.3.1 In every race, the time of each heat shall be accurately recorded by 2 timers or an approved electrical timing device, in which case, there shall be 1 timer.

3.8.3.2 Times of heats shall be recorded in minutes, seconds and fifths of a second.

3.8.3.3 Immediately following each heat, the elapsed time of the heat shall be publicly announced or posted on the tote board.

3.8.3.4 No unofficial timing shall be announced, posted or entered into the official record.

3.8.4 Error in Reported Time

3.8.4.1 In circumstances involving an error in timing, no time shall be announced, posted or recorded for that heat.

3.8.4.2 In any case of alleged error regarding a horse's official time, the time in question shall not be changed to favor the horse or its owner, except upon the sworn statement of the judges and official timers who officiated in the race.

3.9 Patrol Judge

3.9.1 General Authority. The patrol judge, when utilized, is responsible for observing the race and reporting information concerning the race to the judges

y case of alleged error regarding a horse's official time, the time in question shall not be changed to favor the horse or its owner, except upon the sworn statement of the judges and official timers who officiated in the race.

3.9 Patrol Judge

3.9.1 General Authority. The patrol judge, when utilized, is responsible for observing the race and reporting information concerning the race to the judges. If the track's video replay system is deemed adequate by the Commission, use of patrol judges is optional.

3.10 Commission Veterinarian

3.10.1 General Authority. The Commission veterinarian shall:

3.10.1.1 Be appointed by the Commission;

3.10.1.2 Possess a Delaware Veterinarian License;

3.10.1.3 Recommend to the judges any horse deemed unfit to race following an examination;

3.10.1.4 Place horses on the Veterinarian's List, when necessary, and remove horses from the Veterinarian's List;

3.10.1.5 Place horses on the Bleeder List and remove horses from the Bleeder List;

3.10.1.6 Maintain a continuing health and racing soundness record of each horse given a racing soundness inspection;

3.10.1.7 Supervise the taking of all specimens for testing according to procedures approved by the Commission;

3.10.1.8 Provide proper safeguards in the handling of all laboratory specimens to prevent tampering, confusion or contamination;

3.10.1.9 Report to the Commission the names of all horses humanely destroyed or which otherwise expire at the meeting and the reasons therefore;

3.10.1.10 Maintain all required records of postmortem examinations performed on horses which have died on Association grounds;

3.10.1.11 Review and make recommendations regarding Commission license applications of practicing veterinarians;

3.10.1.12 Cooperate with practicing veterinarians and other regulatory agencies to take measures to control communicable or reportable equine diseases;

3.10.1.13 Supervise the periodic review of all horse papers under the jurisdiction of the Commission to ensure that all required tests and health certificates are current and pr

regarding Commission license applications of practicing veterinarians;

3.10.1.12 Cooperate with practicing veterinarians and other regulatory agencies to take measures to control communicable or reportable equine diseases;

3.10.1.13 Supervise the periodic review of all horse papers under the jurisdiction of the Commission to ensure that all required tests and health certificates are current and properly filed in accordance with these rules;

3.10.1.14 Be authorized to humanely euthanize any horse deemed to be so seriously injured that it is in the best interests of the horse to so act; and

3.10.1.15 Supervise the activities of Veterinary Technicians.

3.10.2 Racing Responsibilities. With respect to the conduct of each race, and each race meeting authorized by the Commission, the Commission veterinarian shall:

3.10.2.1 Be available to inspect any horses and report on their condition as may be requested by the judges;

3.10.2.2 Inspect any horse when there is a question as to the physical condition of such horse;

3.10.2.3 Recommend scratching a horse to the judges if, in the Commission veterinarian's opinion, the horse is physically incapable of exerting its best effort to win following an examination and communication of same to the trainer or his designee;

3.10.2.4 Inspect any horse which appears in physical distress during the race or at the finish of the race; and shall report such horse together with the Commission veterinarian's opinion as to the cause of the distress to the judges;

3.10.2.5 Refrain from directly treating or prescribing for any horse scheduled to participate during his term of appointment at any recognized meeting except in cases of emergency, accident or injury;

3.10.2.6 Refuse employment or payment, directly or indirectly, from any owner or trainer of a horse racing or intending to race in the State of Delaware while employed as a Commission veterinarian;

3.10.2.7 Conduct soundness inspections on horses participating in races at the meeting;

3.10.2.8 Place horses on or remove them from the Vet

zed meeting except in cases of emergency, accident or injury;

3.10.2.6 Refuse employment or payment, directly or indirectly, from any owner or trainer of a horse racing or intending to race in the State of Delaware while employed as a Commission veterinarian;

3.10.2.7 Conduct soundness inspections on horses participating in races at the meeting;

3.10.2.8 Place horses on or remove them from the Veterinarian's List.

3.10.3 Veterinarian’s List. The Commission veterinarian shall maintain a list of all horses which the Commission veterinarian has determined to be unfit to compete in a race due to physical distress, unsoundness, infirmity or medical condition. A horse may be placed on the Veterinarian’s List by a Commission veterinarian for a prescribed number of days and then be allowed to race after those days have elapsed.

3.11 Bleeder Medication Veterinarian

3.11.1 General Authority. The bleeder medication veterinarian shall:

3.11.1.1 Fully cooperate and coordinate bleeder medication veterinarian duties, responsibilities, schedules and related functions with the Commission veterinarian;

3.11.1.2 Possess a Delaware Veterinarian License;

3.11.1.3 Report to the State Furosemide (Salix) stall treatment area at least 30 minutes prior to the first scheduled Salix treatment;

3.11.1.4 Record the name of the horse and the time that the Salix is administered, and denote "IV" or "IM", as appropriate;

3.11.1.5 Report to the paddock judge any horse that fails to show, or is late to the State Salix stall;

3.11.1.6 Administer Furosemide (Salix) to each horse on the Bleeder List, and administer Aminocaproic Acid in accordance with Rule 8.3.5. of these Rules;

3.11.1.7 Collect fees for each injection at the time of administration; credit shall not be given at any time;

3.11.1.8 Turn in the list of horses and times of administration to the paddock judge prior to leaving each race day;

3.11.1.9 Report any unusual findings to the paddock judge without delay; and

3.11.1.10 Supervise the activities of veterinary technicians

e with Rule 8.3.5. of these Rules;

3.11.1.7 Collect fees for each injection at the time of administration; credit shall not be given at any time;

3.11.1.8 Turn in the list of horses and times of administration to the paddock judge prior to leaving each race day;

3.11.1.9 Report any unusual findings to the paddock judge without delay; and

3.11.1.10 Supervise the activities of veterinary technicians.

3.11.2 Bleeder List. With the approval of the Commission veterinarian, the bleeder medication veterinarian may recommend horses to be placed on and off the Bleeder List.

3.12 Chief DHRC Investigator

3.12.1 The Commission may appoint a Chief DHRC Investigator for each harness racing meet. The Chief DHRC Investigator shall perform all duties prescribed by the Commission consistent with the purposes of Section 3.0 of this regulation. Such racing investigator shall have full and free access to the books, records, and papers pertaining to the pari-mutuel system of wagering and to the enclosure or space where the pari-mutuel system is conducted at any harness racing meeting to which the racing investigator shall be assigned for the purpose of ascertaining whether the holder of such permit is operating in compliance with the Commission’s rules and regulations. The Chief DHRC Investigator shall investigate whether such rules and regulations promulgated by the Commission are being violated at such harness race track or enclosure by any licensee, patron, or other person. Upon discovering any such violation, the Chief DHRC Investigator shall immediately report the findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The Chief DHRC Investigator shall devote the Chief DHRC Investigator's full time to the duties of the office and shall not hold any other position or employment

by any licensee, patron, or other person. Upon discovering any such violation, the Chief DHRC Investigator shall immediately report the findings in writing and under oath to the Commission or its designee as it may deem fitting and proper. The Chief DHRC Investigator shall devote the Chief DHRC Investigator's full time to the duties of the office and shall not hold any other position or employment.

3.12.2 Subject to the approval of the Commission, and under the direction of the Administrator of Racing, the Chief DHRC Investigator may be delegated one or more of the following responsibilities:

3.12.2.1 Supervising the licensing function of the Commission, including performing background checks and fingerprinting applicants for licensure, and facilitating the Commission’s participation in a uniform, multi-jurisdictional, reciprocal licensing scheme;

3.12.2.2 Consulting with track security and with law enforcement agencies both within and outside of Delaware;

3.12.2.3 Supervising the human and equine drug-testing programs provided for in these Rules;

3.12.2.4 Conducting vehicle and stall searches;

3.12.2.5 Intelligence gathering and dissemination;

3.12.2.6 Responding to patron complaints regarding the integrity of racing; and

3.12.2.7 Where appropriate, presenting complaints to the Commission for disposition, including complaints seeking disciplinary action against licensees of the Commission.

3.13 Administrator of Racing. The Commission may employ an Administrator of Racing who shall perform all duties prescribed by the Commission consistent with the purposes of this rule. The Administrator of Racing shall devote the Administrator of Racing’s full time to the duties of the office and shall not hold any other office. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents, and papers entrusted to its care

Administrator of Racing shall devote the Administrator of Racing’s full time to the duties of the office and shall not hold any other office. The Administrator of Racing shall be the representative for the Commission at all meetings of the Commission and shall keep a complete record of its proceedings and preserve, at its general office, all books, maps, documents, and papers entrusted to its care. The Administrator of Racing shall be the executive officer of the Commission and shall be responsible for keeping all Commission records and carrying out the rules and orders of the Commission. The Commission may appoint the Administrator of Racing to act as a hearing officer to hear appeals from administrative decisions of the Board of Judges.

3.14 Any Other Person Designated by the Commission. The Commission may create additional racing official positions, as needed. Persons selected for these positions shall be considered racing officials and shall be subject to the general eligibility requirements outlined in subsection 3.1.1 of this regulation.

1 DE Reg. 504 (11/01/97))

2 DE Reg. 1240 (01/01/99)

2 DE Reg. 1764 (04/01/99)

4 DE Reg. 336 (08/01/00)

5 DE Reg. 832 (10/01/01)

7 DE Reg. 1512 (05/01/04)

10 DE Reg. 1421 (03/01/07)

11 DE Reg. 308 (09/01/07)

14 DE Reg. 1338 (06/01/11)

17 DE Reg. 1059 (05/01/14)

22 DE Reg. 467 (12/01/18)

26 DE Reg. 831 (04/01/23)

27 DE Reg. 967 (06/01/24)

4.0 Associations

4.1 General Duty

4.1.1 An Association, its officers, directors, officials and employees shall comply with the rules and orders of the Commission and judges.

4.1.2 An Association may request an exemption from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if it determines that:

4.1.2.1 The Association's proposal substantially satisfies the purpose of the requirement; and

4.1.2.2 The exemption is in the best interests of the race horses, the racing industry and the citizens of Delaware

n from a requirement in this chapter to utilize new technology or innovative construction or design of the racetrack facilities. The Commission may grant an exemption if it determines that:

4.1.2.1 The Association's proposal substantially satisfies the purpose of the requirement; and

4.1.2.2 The exemption is in the best interests of the race horses, the racing industry and the citizens of Delaware.

4.2 Financial Requirements

4.2.1 Insurer of the Race Meeting

4.2.1.1 Approval of a race meeting by the Commission does not establish the Commission as the insurer or guarantor of the safety or physical condition of the association's facilities or purse of any race.

4.2.1.2 In accordance with § 10043 of the Act, an association shall timely provide the Commission with a certificate of liability insurance, in an amount approved by the Commission, with premium prepaid. The insurance shall provide a minimum of medical expense coverage equal to the average daily purse account raced for at the previous meeting conducted by the association.

4.2.1.3 An association shall maintain in an approved depository, those amounts deducted from the pari-mutuel handle for distribution for the purposes specified in the Act and Commission rules.

4.2.1.4 An association is responsible to ensure that the amounts retained from the pari-mutuel handle are distributed according to the Act and Commission rules and not otherwise.

4.2.1.5 An association shall ensure that all purse monies, disbursements and appropriate nomination race monies are available to make timely distribution in accordance with the Act, Commission rules, association rules and race conditions, and with any contractual arrangements with the horsemen's association recognized for purposes related to the allocation of purses, if applicable

d not otherwise.

4.2.2 Financial Reports

4.2.2.1 The Commission may require periodic audits to determine that the association has funds available to meet those distributions for the purposes required by the Act, Commission rules, the conditions and nomination race program of the race meeting and the obligations incurred in the daily operation of the race meeting.

4.2.2.2 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may require that the books, records and financial or other statements of any association licensed under the provisions of the Act, or licensed to make, conduct and sell pools in accordance with Subchapter IV of the Act, shall be kept in such form or in such manner as the Commission prescribes.

4.2.2.3 In accordance with §10030 of the Act, every licensed association shall file with the Department of Finance, not later than 4 months after the close of the association's fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement

the close of the association's fiscal year, a statement, duly certified by an independent public accountant, of its receipts from all sources whatsoever during the fiscal year and of all expenses and disbursements, itemized in the manner and form directed by the Department of Finance, showing the net revenue from all sources derived by the licensee during the fiscal year covered by such statement.

4.2.2.4 Pursuant to §10029(e) or §10055(a) of the Act, the Commission may visit, investigate and place expert accountants and such other persons as it deems necessary, in the offices, tracks or places of business of any licensed association, or in the office or place of business of any person or entity licensed to operate a pool, for the purpose of satisfying itself that the Commission's rules and regulations are strictly complied with. The salaries and expenses of such expert accountants or other persons shall be paid by the association to whom they are assigned.

4.2.2.5 Any financial reports, or any other financial information, obtained pursuant to the Act or these rules shall not be disclosed as public information except as required by 29 Del.C. Ch. 100 .

4.3 Facilities and Equipment

4.3.1 Facilities for Patrons and Licensees

4.3.1.1 An association shall ensure that the public areas of the association grounds are designed and maintained for the comfort and safety of the patrons and licensees and are accessible to all persons with disabilities as required by federal law.

4.3.1.2 An association shall provide and maintain adequate restroom facilities for the patrons and licensees.

4.3.1.3 An association shall provide an adequate supply of free drinking water.

4.3.1.4 An association shall maintain all facilities on association grounds to ensure the safety and cleanliness of the facilities at all times

sible to all persons with disabilities as required by federal law.

4.3.1.2 An association shall provide and maintain adequate restroom facilities for the patrons and licensees.

4.3.1.3 An association shall provide an adequate supply of free drinking water.

4.3.1.4 An association shall maintain all facilities on association grounds to ensure the safety and cleanliness of the facilities at all times.

4.3.1.5 During a race performance, the association shall provide:

4.3.1.5.1 A first aid room equipped with at least 2 beds and other appropriate equipment; and

4.3.1.5.2 The services of at least 1 certified emergency medical technician (EMT).

4.3.1.6 An association shall provide a properly equipped ambulance, staffed with certified paramedics or EMTs, at any time the racetrack is open for racing. If the ambulance is being used to transport an individual, the association may not conduct a race until the ambulance is replaced.

4.3.1.7 An association shall provide adequate office space for the use of the judges and other Commission personnel as required by the Commission. The location and size of the office space, furnishings and equipment required under this section must be approved by the Commission, after appropriate consideration has been given to the limitations of available space and/or other resources or infrastructure on the grounds of the association.

4.3.1.8 An association shall promptly post Commission notices in places that can be easily viewed by patrons and licensees.

4.3.2 Officials' Stands. An association shall provide adequate stands for officials to have a clear view of the racetrack. The location and design of the stands must be approved by the Commission

pace and/or other resources or infrastructure on the grounds of the association.

4.3.1.8 An association shall promptly post Commission notices in places that can be easily viewed by patrons and licensees.

4.3.2 Officials' Stands. An association shall provide adequate stands for officials to have a clear view of the racetrack. The location and design of the stands must be approved by the Commission.

4.3.3 Audio and Visual Equipment

4.3.3.1 An association shall provide and maintain in good working order a communication system between the:

4.3.3.1.1 Judges' stand;

4.3.3.1.2 Racing office;

4.3.3.1.3 Tote room;

4.3.3.1.4 Paddock;

4.3.3.1.5 Test barn;

4.3.3.1.6 Starting gate;

4.3.3.1.7 Recording system locations;

4.3.3.1.8 Veterinarian and veterinary technician;

4.3.3.1.9 Track announcer;

4.3.3.1.10 Location of the ambulances (equine and human); and

4.3.3.1.11 Other locations and persons designated by the Commission.

4.3.3.2 An association shall provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area.

4.3.3.3 An association shall provide an electronic photo finish device to photograph, videotape or otherwise record visually the finish of each race and record the time of each horse in at least hundredths of a second. The location and operation of the photo finish devices must be approved by the Commission before its first use in a race. The association shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission. On request by the Commission, the association shall provide, without cost, a print of a photo finish to the Commission

n shall promptly post a photograph of each photo finish for win, place or show in an area accessible to the public. The association shall ensure that the photo finish devices are calibrated before the first day of each race meeting and at other times as required by the Commission. On request by the Commission, the association shall provide, without cost, a print of a photo finish to the Commission. Photo finish prints of each race shall be maintained by the association for not less than 6 months after the end of the race meeting, or such other period as may be requested by the judges or the Commission. It is the duty of the presiding judge to ensure that the photo finish camera is in proper working order before the start of the race. Whenever the judges use a photo to determine the order of finish it shall be displayed for public inspection.

4.3.3.4 An association shall provide for the use of the photo finish head numbers, saddle pads, and a starting gate, with approved backups.

4.3.3.5 An association shall provide a recording system approved by the Commission. Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review shall be provided in the judges' stand. The location and construction of recording system equipment supports must be approved by the Commission.

4.3.3.6 The judges may, at their discretion, direct the recording system operators to record the activities of any horses or persons handling horses prior to, during or following a race.

4.3.3.7 Races must be recorded by an adequate number of recording cameras, as approved by the Commission.

4.3.3.8 An association shall, upon request, provide to the Commission, without cost, a copy of a recording of a race

he judges may, at their discretion, direct the recording system operators to record the activities of any horses or persons handling horses prior to, during or following a race.

4.3.3.7 Races must be recorded by an adequate number of recording cameras, as approved by the Commission.

4.3.3.8 An association shall, upon request, provide to the Commission, without cost, a copy of a recording of a race.

4.3.3.9 Recordings made prior to, during and following each race shall be maintained by the association for not less than 6 months after the end of the race meeting, or such other period as may be requested by the judges or the Commission.

4.3.3.10 An association shall provide a viewing area in which, on approval by the judges, an owner, trainer, driver or other interested individual may view a recording of a race.

4.3.3.11 Following any race in which there is an inquiry or objection, the association shall display to the public on designated monitors the videotaped recorded replays of the incident in question which were utilized by the judges in making their decision.

4.3.4 Racetrack

4.3.4.1 The surface of a racetrack must be designed, constructed and maintained to provide for the safety of the drivers and horses.

4.3.4.2 Upon the request of the Commission, a licensed surveyor shall provide to the Commission a certified track measurement.

4.3.4.3 Distances to be run shall be measured from the starting line at a distance 3 feet out from the inside rail or other fixed marker.

4.3.4.4 The surveyor's report must be approved by the Commission prior to the first race day of the meeting.

4.3.4.5 An association shall provide an adequate drainage system for the racetrack.

4.3.4.6 An association shall provide adequate equipment and personnel to maintain the track surface and appurtenances in a safe training and racing condition. The association shall provide back-up equipment for maintaining the track surface.

4.3.5 Rails

by the Commission prior to the first race day of the meeting.

4.3.4.5 An association shall provide an adequate drainage system for the racetrack.

4.3.5 Rails. The design and construction of rails, where used, must be approved by the Commission prior to the first race meeting at the track.

4.3.6 Starting Gates. During racing hours, an association shall provide at least 2 operable starting gates, which have been approved by the Commission.

4.3.7 Distance Markers. An association shall provide starting point markers and distance poles in a size and position that is clearly seen from the judges' stand.

4.3.8 Saddle Pad Colors

4.3.8.1 All extended pari-mutuel racetracks shall adopt the following color format for saddle pad colors for post positions in each race:

4.3.8.1.1 Post Position 1 ‑ Red

4.3.8.1.2 Post Position 2 ‑ Blue

4.3.8.1.3 Post Position 3 ‑ White

4.3.8.1.4 Post Position 4 ‑ Green

4.3.8.1.5 Post Position 5 ‑ Black

4.3.8.1.6 Post Position 6 ‑ Yellow

4.3.8.1.7 Post Position 7 ‑ Pink

4.3.8.1.8 Post Position 8 ‑ Gray

4.3.8.1.9 Post Position 9 ‑ Purple

4.3.8.1.10 Post Position 20 ‑ Blue/Red

4.3.8.1.11 Post Position 11 ‑ Light Blue

4.3.8.1.12 Post Position 12 ‑ Red/White

4.3.8.2 All saddle pad numbers, with the exception of post positions 3 and 5, shall be white with a black border. The saddle pad numbers for post positions 3 and 5 shall be solid black and solid white, respectively.

4.3.9 Lighting

4.3.9.1 An Association shall provide lighting for the racetrack and the patron facilities that is adequate to ensure the safety and security of the patrons, licensees and horses. Lighting to ensure the proper operation of the videotape and photo finish equipment must be approved by the Commission

numbers for post positions 3 and 5 shall be solid black and solid white, respectively.

4.3.9 Lighting

4.3.9.2 An Association shall provide adequate additional lighting in the stable area as required by the Commission.

4.3.9.3 If an Association conducts racing at night, the Association shall maintain a back-up lighting system that is sufficient to ensure the safety of race participants and patrons.

4.3.10 Equine Ambulance

4.3.10.1 An Association shall provide an equine ambulance on Association grounds on each day that the racetrack is open for pari-mutuel and qualifying racing or training.

4.3.10.2 The ambulance must be properly ventilated and kept at an entrance to the racing strip when not in use.

4.3.10.3 The ambulance must be a covered vehicle that is low to the ground and large enough to accommodate a horse in distress. The ambulance must be able to:

4.3.10.3.1 Navigate on the racetrack during all weather conditions; and

4.3.10.3.2 Transport a horse off the association grounds.

4.3.10.4 The ambulance must be equipped with:

4.3.10.4.1 Ramps to facilitate loading a horse;

4.3.10.4.2 Adequate means of loading a horse that is down;

4.3.10.4.3 A rear door;

4.3.10.4.4 A movable partition to initially provide more room to load a horse and to later restrict a horse's movement; and

4.3.10.4.5 A shielded area for the person who is attending to the horse.

4.3.10.5 An association may not conduct a race unless an equine ambulance or an official veterinarian‑approved substitute is readily available.

4.3.10.6 The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the official veterinarian

a horse's movement; and

4.3.10.4.5 A shielded area for the person who is attending to the horse.

4.3.10.5 An association may not conduct a race unless an equine ambulance or an official veterinarian‑approved substitute is readily available.

4.3.10.6 The equine ambulance, its supplies and attendants and the operating procedures for the equine ambulance must be approved by the official veterinarian.

4.3.11 Receiving Area

4.3.11.1 An association shall provide a receiving area and paddock containing a sufficient number of stalls to accommodate all horses in to race for that day.

4.3.11.2 An association shall ensure that the paddock and receiving barns are kept clean and in good repair. Each paddock, including the receiving barn, shall include hot and cold water, be well‑ventilated, have proper drainage and be constructed to be comfortable in all seasons.

4.3.11.3 An association shall provide an adequate area for the placement of manure removed from the stalls. All manure must be removed from the stable area on a prompt and regular schedule.

4.3.12 Isolation Area

4.3.12.1 An association shall provide an isolation area for the care and treatment of a horse that is ordered isolated by the State veterinarian.

4.3.12.2 The isolation area must be approved by the presiding judge.

4.3.13 Weather Equipment. An association shall provide a consistent method whether by instrumentation or otherwise to obtain an appropriate means for measuring temperature. The presiding judge shall consult at least one member of the driver’s committee by the third race to determine an allowance. The following guidelines shall be used in making this determination:

Temperature or Wind chill:

32 degrees - 25 degrees (F) = 1 second allowance

24 degrees - 15 degrees (F) = 2 second allowance

14 degrees - 0 degrees (F) = 3 second allowance

Other relevant factors such as precipitation shall also be considered.

4.4 Operations

4.4.1 Security

4.4.1.1 An association conducting a race meeting shall maintain security controls over its premises

making this determination:

Temperature or Wind chill:

32 degrees - 25 degrees (F) = 1 second allowance

24 degrees - 15 degrees (F) = 2 second allowance

14 degrees - 0 degrees (F) = 3 second allowance

Other relevant factors such as precipitation shall also be considered.

4.4 Operations

4.4.1 Security

4.4.1.1 An association conducting a race meeting shall maintain security controls over its premises. Security controls are subject to the approval of the Commission.

4.4.1.2 An association may establish a system or method of restricting access to its restricted areas or to ensure that all participants at its race meeting are licensed as required by these rules.

4.4.1.3 An association shall prevent access to and shall remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.

4.4.1.4 Unless otherwise authorized by the Commission, an association shall provide continuous security in the receiving and paddock areas during all times that horses are on the grounds to race. An association shall provide security fencing around the paddock and receiving areas in a manner that is approved by the Commission.

4.4.1.5 On request by the Commission, an association shall provide a list of the security personnel, including the name, qualifications, training, duties duty station and area supervised by each employee.

4.4.1.6 Each day, the chief of security for an association shall deliver a written report to the presiding judge regarding occurrences on association grounds relating to harness horse racing on the previous day. Not later than 24 hours after an incident occurs requiring the attention of security personnel, the chief of security shall deliver to the presiding judge a written report describing the incident

Each day, the chief of security for an association shall deliver a written report to the presiding judge regarding occurrences on association grounds relating to harness horse racing on the previous day. Not later than 24 hours after an incident occurs requiring the attention of security personnel, the chief of security shall deliver to the presiding judge a written report describing the incident. The report must include the name of each individual involved in the incident, the circumstances of the incident and any recommended charges against each individual involved.

4.4.2 Fire Prevention

4.4.2.1 An association shall develop and implement a program for fire prevention on association grounds. An association shall instruct employees working on association grounds of the procedures for fire prevention.

4.4.2.2 No person shall:

4.4.2.2.1 Smoke in the receiving areas, paddock, or within any building on association grounds;

4.4.2.2.2 Burn open fires or oil and gas lamps in the association grounds;

4.4.2.2.3 Leave unattended any electrical appliance that is plugged‑in to an electrical outlet;

4.4.2.2.4 Permit horses to come within reach of electrical outlets or cords;

4.4.2.2.5 Store flammable materials such as cleaning fluids or solvents in the receiving and paddock areas; or

4.4.2.2.6 Lock a stall which is occupied by a horse.

4.4.2.3 An association shall post a notice in the receiving areas and paddock which lists the prohibitions outlined in subsections 4.4.2.2.1 - 4.4.2.2.6 above.

4.4.3 Insect and Rodent Control. An association and the licensees occupying the association's receiving areas and paddock shall cooperate in procedures to control insects, rodents or other hazards to horses or licensees.

4.4.4 Complaints

4.4.4.1 An association shall designate a location and provide personnel who shall be readily available to the public to provide or receive information

.2.6 above.

4.4.4 Complaints

4.4.4.1 An association shall designate a location and provide personnel who shall be readily available to the public to provide or receive information.

4.4.4.2 An association shall promptly notify the Commission of a complaint regarding:

4.4.4.2.1 An alleged violation of the Act or a rule of the Commission;

4.4.4.2.2 An alleged violation of ordinances or statutes;

4.4.4.2.3 Accidents or injuries; or

4.4.4.2.4 Unsafe or unsanitary conditions for patrons, licensees or horses.

4.4.5 Ejection and Exclusion. An association may eject or exclude a person for any lawful reason.

1 DE Reg. 502 (11/01/97)

2 DE Reg. 1240 (01/01/99)

2 DE Reg. 1765 (04/01/99)

5 DE Reg. 832 (10/01/01)

11 DE Reg. 308 (09/01/07)

26 DE Reg. 831 (04/01/23)

5.0 Licensees

5.1 General Provisions

5.1.1 Licenses Required

5.1.1.1 A person shall not participate in pari-mutuel racing under the jurisdiction of the Commission without a valid license issued by the Commission. License categories shall include the following and others as may be established by the Commission:

5.1.1.1.1 Racing participants and personnel (including owner, authorized agent, trainer, assistant trainer, driver, veterinarian, veterinary assistant, horseshoer and stable employees);

5.1.1.1.2 Racing officials (including the judges, racing secretary, paddock judge, horse identifier and equipment checker, official starter, official charter, official timer, photo finish technician, patrol judge, program director, veterinarians and veterinary technicians);

5.1.1.1.3 Persons employed by the association, or employed by a person or concern contracting with or approved by the association or Commission to provide a service or commodity, which requires their presence in a restricted area; and

5.1.1.1.4 All Commission employees

icial charter, official timer, photo finish technician, patrol judge, program director, veterinarians and veterinary technicians);

5.1.1.1.4 All Commission employees.

5.1.1.2 Persons required to be licensed shall submit a completed application on forms furnished by the Commission and accompanied by the required fee, which shall be determined by the Commission.

5.1.1.3 License applicants may be required to furnish to the Commission a set of fingerprints and a recent photograph and may be required to be re‑fingerprinted or re-photographed periodically as determined by the Commission.

5.1.2 Licensing Reciprocity. The Commission may license persons holding valid permanent (not temporary) licenses issued by Association of Racing Commissioners International (RCI) member racing jurisdictions in North America. The licensee must be in good standing; have cleared a Federal Bureau of Investigation (FBI) or Royal Canadian Mounted Police (RCMP) fingerprint check within the previous 36 months, or such other period as is required by the Commission; file an application and/or affidavit as may be required by the Commission; and pay the required fees prior to participating in racing.

5.1.2.1 The Commission may recognize the issuance of racing licenses from RCI member jurisdictions in North America for purposes of issuance of licenses in this jurisdiction.

5.1.2.2 Only permanent licenses in good standing shall be considered. Temporary or probationary licenses shall not be considered.

5.1.2.3 An applicant must be in good standing in each jurisdiction where they hold or have held a racing license.

ng shall be considered. Temporary or probationary licenses shall not be considered.

5.1.2.3 An applicant must be in good standing in each jurisdiction where they hold or have held a racing license.

5.1.2.4 The applicant must have submitted fingerprints within the past 36 months, or such other period as is required by this jurisdiction, for the purpose of a criminal records check by the FBI or RCMP. The applicant shall provide this jurisdiction with proof of licensure from another RCI member jurisdiction to which fingerprints were submitted.

5.1.2.5 The applicant shall submit the license application form and license fee required by this jurisdiction.

5.1.2.6 Provided the above requirements have been met, this jurisdiction may issue either a license and/or a validation sticker. The validation sticker shall be affixed to either a license issued by this jurisdiction or a valid license issued by another RCI member jurisdiction. This Commission shall determine the period of time that such license shall be valid in Delaware.

5.1.2.7 In the event the licensee is absent from this jurisdiction, and upon payment of the applicable fees, a receipt shall be mailed to the licensee's permanent address. The receipt may then be presented at the Commission office by the licensee so that a Commission representative may affix the proper validation sticker to the racing license badge.

5.1.3 Multi‑State Licensing Information. In lieu of a license application from this jurisdiction, the Commission shall accept an RCI Multi‑State License and Information form.

5.1.4 Age Requirement. Applicants for licensing shall be a minimum of 14 years of age unless otherwise specified in these rules. An applicant may be required to submit a certified copy of his birth certificate. Persons under the age of 18 may be required to show evidence of active participation in a certified educational program or have a high school diploma or equivalent.

5.1.5 Consent to Investigation

Age Requirement. Applicants for licensing shall be a minimum of 14 years of age unless otherwise specified in these rules. An applicant may be required to submit a certified copy of his birth certificate. Persons under the age of 18 may be required to show evidence of active participation in a certified educational program or have a high school diploma or equivalent.

5.1.5 Consent to Investigation. The filing of an application for license shall authorize the Commission to investigate criminal and employment records, to engage in interviews to determine applicant's character and qualifications and to verify information provided by the applicant.

5.1.6 Consent to Search and Seizure. By acceptance of a license, a licensee consents to search and inspection by the Commission or its agents and to the seizure of any prohibited medication, drugs, paraphernalia or devices in accordance with state/provincial and federal law. Any drugs, medication or other materials seized may be forwarded by the Commission to the official chemist for analysis.

5.1.7 Licensees' Obligation to Protect Horses. Each person licensed by the Commission shall do all that is reasonable and within his power and scope of duty to guard against and prevent the administration of any drug, medication or other substance, including permissible medication in excess of the maximum allowable level, to any horse entered or to be entered in an official workout or race, as prohibited by these rules.

5.1.8 Substance Abuse/Controlled Substances

5.1.8.1 It is the right and obligation of the Commission to test and establish rules governing substance abuse and controlled substances to preserve the safety and integrity of harness racing.

5.1.8.1.1 All licensees shall be deemed to be exercising the privileges of their license, and to be subject to the requirements of these rules, when engaged in activities that could affect the outcome of a race or diminish the conditions of safety or decorum required in restricted areas

ules governing substance abuse and controlled substances to preserve the safety and integrity of harness racing.

5.1.8.1.2 As used in this regulation, the terms “controlled substance” and “drug paraphernalia” have the meanings provided in the Uniform Controlled Substance Act, 16 Del.C. Ch. 47 .

5.1.8.2 It shall be a violation to exercise the privileges granted by a license from this Commission if the licensee:

5.1.8.2.1 Is engaged in the illegal sale or distribution of alcohol or any controlled substance;

5.1.8.2.2 Possesses, without a valid prescription, any controlled substance;

5.1.8.2.3 Is intoxicated or under the influence of alcohol or any controlled substance;

5.1.8.2.4 Has possession of any drug paraphernalia;

5.1.8.2.5 Refuses to submit to breathalyzer, urine or other alcohol or drug testing when requested by the presiding judge or chief investigator;

5.1.8.2.6 Presently has alcohol in the licensee's body. The results of a breathalyzer test showing a reading of more than 0.02% of alcohol in the blood shall be the criterion for a finding of alcohol present in the body; provided, however, that with respect to licensees under the age of 21, the presence of any measurable level of alcohol in the blood shall constitute a violation. The breathalyzer shall be maintained and tested to insure accuracy according to the guidelines of the manufacturer.

l constitute a violation. The breathalyzer shall be maintained and tested to insure accuracy according to the guidelines of the manufacturer.

5.1.8.2.7 Presently has any controlled substance in the licensee's body. The presence of the drug controlled substance in any quantity measured by the testing instrument establishes the presence of the drug controlled substance for purposes of this paragraph. A licensee is responsible for giving notice (on a Commission approved form) to the chief investigator that the licensee is using a controlled substance or prescription drug under a valid prescription form a licensed physician. No licensee using a controlled substance or prescription drug will be allowed to participate in racing activities unless the physician has certified (on a Commission approved form) that the use of the controlled substance or prescription drug, when used as prescribed, will not adversely affect the licensee’s ability to properly and safely carry out the licensee’s responsibilities.

5.1.8.3 The Commission may conduct random or episodic alcohol or drug testing, as well as alcohol or drug testing based on reasonable suspicion.

5.1.8.3.1 No notice need be given as to onset or cessation of alcohol or drug testing.

5.1.8.3.2 The testing of a licensee may include a field test.

5.1.8.3.2.1 For licensees whose field test results are positive under this regulation, the field test results shall be confirmed by a laboratory acceptable to the Commission, provided that the licensee may be summarily suspended for up to 10 days pending the results of the laboratory confirmation test.

5.1.8.3.2.2 If the laboratory procedures confirm the field screening test results, all costs for the transportation and testing of the sample, shall be the financial responsibility of the licensee. Payment shall be due from the licensee immediately upon receipt of notice of the costs.

5.1.8.3.3 The testing of a licensee may also include a laboratory test without a prior field test

nfirmation test.

5.1.8.3.3 The testing of a licensee may also include a laboratory test without a prior field test.

5.1.8.3.3.1 When the sample quantity permits, each test sample may be divided into portions so that one portion may be used for the initial test or confirmation procedure and another portion may be utilized to obtain an independent drug analysis of the test sample.

5.1.8.3.3.2 All costs for the transportation and testing of an independent analysis of the specimen sample shall be the financial responsibility of the licensee. Payment shall be due from the licensee immediately upon receipt of notice of the costs.

5.1.8.3.4 The Commission shall provide for a secure chain of custody for the sample.

5.1.8.3.5 The Commission shall have discretion to require alcohol or drug testing at any time for any licensee having a prior violation of subsection 5.1.8.2.

5.1.8.4 A licensee penalized or restricted pursuant to this chapter shall retain rights of due process with respect to any determination of alleged violations which may adversely affect the right to hold a license.

5.1.8.5 If there has been a violation, as specified in subsection 5.1.8.2, the licensee shall be subject to the following actions:

5.1.8.5.1 The Commission or presiding judge may order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or any controlled substance.

5.1.8.5.2 Actions in the case of a first violation may include imposition of a fine of up to $1,000 or written warning, suspension of the license for up to 6 months, and placing the violator on probation

ay order the licensee to obtain a professional assessment to determine whether there is a substantial probability that the licensee is dependent on, or abuses, alcohol or any controlled substance.

5.1.8.5.3 Actions in the case of a second violation, within 2 years of the first violation may include imposition of a fine of up to $2,000 or written warning, suspension of the license for up to 1 year, placing the violator on probation and ordering the licensee to enroll in and complete, at the licensees expense, a recognized, appropriately licensed treatment program.

5.1.8.5.4 Actions in the case of a third or subsequent violation, within 2 years of the second or most recent violation, may include imposition of a fine of up to $5,000 or written warning, revocation of the license, suspension of the license for up to 5 years, placing the violator on probation and ordering the licensee to enroll in and complete, at the licensees expense, a recognized, appropriately licensed treatment program.

5.1.8.5.5 The licensee shall be required to pay for any costs associated with any alcohol or drug testing following a violation of subsection 5.1.8.2.

5.1.8.5.6 The terms of any probation shall be determined at the discretion of the Commission.

5.1.8.5.7 In the case of a violation of subsection 5.1.8.2 involving an illegal drug, actions for any violation may include any actions provided in subsection 5.1.8.5.4 otherwise applicable to third or subsequent violations.

5.1.9 Approval or Recommendations by Presiding Judge. The Commission may designate categories of licenses which shall require the presiding judge's prior approval or recommendation.

5.1.10 Employer Responsibility

5.1.10.1 The employment or harboring of any unlicensed person at facilities under the jurisdiction of the Commission is prohibited

otherwise applicable to third or subsequent violations.

5.1.9 Approval or Recommendations by Presiding Judge. The Commission may designate categories of licenses which shall require the presiding judge's prior approval or recommendation.

5.1.10 Employer Responsibility

5.1.10.1 The employment or harboring of any unlicensed person at facilities under the jurisdiction of the Commission is prohibited.

5.1.10.2 With respect to personnel actions based on a violation of any rule of the Commission relating to racing or pari-mutuel wagering, every employer shall report the discharge of any licensed employee in writing to the Commission or its designee, including the person's name, occupation and reason for the discharge.

5.1.11 Employer Endorsement of License Applications. The license application of an employee shall be signed by the employer.

5.1.12 Workers' Compensation. Licensed employers shall carry workers' compensation insurance covering their employees as required by Delaware law.

5.1.13 Financial Responsibility. Applicants for a license may be required to submit evidence of financial responsibility and shall maintain financial responsibility during the period for which the license is issued.

5.1.14 License Refusal. The Commission or its designee may refuse to issue a license and give the applicant the option of withdrawal of an application without prejudice. If an applicant is refused, the applicant may reapply for a license.

5.1.15 License Denial. The Commission may formally deny an application in accordance with these rules. An application denied shall be reported in writing to the applicant stating the reasons for denial, the date when a reapplication may be submitted, and shall be reported to the United States Trotting Association, which shall then advise other racing jurisdictions

licant may reapply for a license.

5.1.16 Grounds for Refusal, Denial, Suspension or Revocation of License

5.1.16.1 The Commission or its designee may refuse to issue or may deny a license to an applicant, or may suspend or revoke a license issued, or may order disciplinary measures, if the applicant:

5.1.16.1.1 Has been convicted of a felony;

5.1.16.1.2 Has been convicted of violating any law regarding gambling or a controlled dangerous substance;

5.1.16.1.3 Has pending criminal charges;

5.1.16.1.4 Is unqualified to perform the duties required of the applicant;

5.1.16.1.5 Has failed to disclose or states falsely any information required in the application;

5.1.16.1.6 Has been found in violation of statutes or rules governing racing in this state or other jurisdictions;

5.1.16.1.7 Has racing disciplinary charges pending in this state or other jurisdictions;

5.1.16.1.8 Has been or is currently excluded from association grounds by a recognized racing jurisdiction;

5.1.16.1.9 Has had a license denied, suspended or revoked by any racing jurisdiction;

5.1.16.1.10 Is a person whose conduct or reputation may adversely reflect on the honesty and integrity of horse racing or interfere with the orderly conduct of a race meeting;

5.1.16.1.11 Demonstrates financial irresponsibility by accumulating unpaid obligations, defaulting in obligations or issuing drafts or checks that are dishonored or payment refused;

5.1.16.1.12 Is ineligible for employment pursuant to federal or state law because of age or citizenship; or

5.1.16.1.13 Has violated any of the alcohol or substance abuse provisions outlined in these rules

ace meeting;

5.1.16.1.11 Demonstrates financial irresponsibility by accumulating unpaid obligations, defaulting in obligations or issuing drafts or checks that are dishonored or payment refused;

5.1.16.1.12 Is ineligible for employment pursuant to federal or state law because of age or citizenship; or

5.1.16.1.13 Has violated any of the alcohol or substance abuse provisions outlined in these rules.

5.1.16.2 A license suspension or revocation shall be reported in writing to the applicant and the United States Trotting Association whereby other racing jurisdictions shall be advised.

5.1.17 License Restrictions, Limitations and Conditions. The Commission or its designee, for cause, may restrict, limit or place conditions on any license.

5.1.18 Duration of License

5.1.18.1 Licenses are valid for such other period as permitted by the Commission.

5.1.18.2 A license is valid only under the condition that the licensee remains eligible to hold such license.

5.1.19 Changes in Application Information. During the period for which a license has been issued, the licensee shall report to the Commission changes in information provided on the license applications as to current legal name, marital status, permanent address, criminal convictions, license suspensions of 10 days or more or license revocations or fines of $500 or more in other jurisdictions.

5.1.20 Temporary Licenses. The Commission may establish provisions for temporary licenses or may permit applicants to participate in racing pending action on an application.

5.1.21 More Than One License. More than 1 license to participate in horse racing may be granted to a person except when prohibited by these rules due to a potential conflict of interest.

5.1.22 Conflict of Interest

5.1.22.1 The Commission or its designee shall refuse, deny, suspend or revoke the license of a person whose spouse holds a license and which the Commission or judges find to be a conflict of interest

an One License. More than 1 license to participate in horse racing may be granted to a person except when prohibited by these rules due to a potential conflict of interest.

5.1.22 Conflict of Interest

5.1.22.1 The Commission or its designee shall refuse, deny, suspend or revoke the license of a person whose spouse holds a license and which the Commission or judges find to be a conflict of interest.

5.1.22.2 A commissioner or Commission employee or racing official shall not be an owner of a horse entered to race, and shall not accept breeder awards at a race meeting where the Commission has jurisdiction.

5.1.22.3 A racing official who is an owner of either the sire or dam of a horse entered to race shall not act as an official with respect to that race.

5.1.22.4 A person who is licensed as an owner or trainer, or has any financial interest in a horse registered for racing at a race meeting in Delaware shall not be employed or licensed at that race meeting as a racing official; racetrack managing employee; photo finish operator; racing chemist or testing laboratory employee.

5.1.23 License Presentation

5.1.23.1 A person shall present an appropriate license to enter a restricted area.

5.1.23.2 The Presiding Judge may require visible display of a license in a restricted area.

5.1.23.3 A license may only be used by the person to whom it is issued.

5.1.24 Visitor's Pass. Track security may authorize unlicensed persons temporary access to restricted areas. Such persons shall be identified and their purpose and credentials verified and approved in writing by track security. A copy of the written approval shall be filed with the Commission or its designee within 48 hours. Such authorization or credential may only be used by the person to whom it is issued.

5.1.25 Safety Helmets and Vests

5.1.25.1 Safety Helmets

ns temporary access to restricted areas. Such persons shall be identified and their purpose and credentials verified and approved in writing by track security. A copy of the written approval shall be filed with the Commission or its designee within 48 hours. Such authorization or credential may only be used by the person to whom it is issued.

5.1.25 Safety Helmets and Vests

5.1.25.1 Safety Helmets. A protective helmet, meeting the Snell Foundation standards for protective harness racing headwear, securely fastened under the chin, must be worn at all times on association grounds when:

5.1.25.1.1 Racing, parading or warming up a horse prior to racing; or

5.1.25.1.2 Jogging, training or exercising a horse at any time.

5.1.25.2 Safety Vests. A safety vest approved by the Delaware Harness Racing Commission must be worn by all person at all times when on the main track whether for jogging, exercising, qualifying or racings.

5.1.25.3 A violation of this rule shall result in a suspension or fine and the participant may be referred to the Commission.

5.1.26 Knowledge of Rules

5.1.26.1 A licensee shall be knowledgeable of the rules of the Commission and by acceptance of the license, agrees to abide by the rules.

5.1.26.2 A licensee shall report to track security or to the judges any knowledge he has that a violation of these rules has occurred or may occur.

5.1.27 Standards of Conduct

5.1.27.1 No licensee shall use improper language to any race official, or be guilty of any improper conduct toward such officials or persons serving under their orders, such improper language or conduct having reference to the administration of the course, or of any race

ity or to the judges any knowledge he has that a violation of these rules has occurred or may occur.

5.1.27 Standards of Conduct

5.1.27.2 No licensee shall commit an assault, or an assault and battery, upon any driver, trainer, groom, racing official or Commission appointee on the grounds of a racing association, or upon a racing official or Commission appointee who is in the performance of official duties, nor shall any licensee threaten to do bodily or other injury to any driver, trainer, groom, racing official or Commission appointee, nor shall any licensee address to any such person language which is outrageously insulting.

5.1.27.3 If any licensee shall threaten, or join with others in threatening, not to race, or not to declare in, because of the entry of a certain horse or horses, or of a particular stable, thereby compelling or trying to compel the racing secretary to reject certain eligible entries, it shall be reported immediately to the presiding judge, and the offending parties may be suspended by the presiding judge pending a hearing before the Commission.

5.1.27.4 No owner, agent, trainer or driver who has entered a horse shall thereafter demand of the association a bonus of money or other special award or consideration as a condition for starting the horse

ject certain eligible entries, it shall be reported immediately to the presiding judge, and the offending parties may be suspended by the presiding judge pending a hearing before the Commission.

5.1.27.5 No owner, trainer, or driver of a horse shall bet or cause any other person to bet on the owner's, trainer's, or driver's behalf on any other horse in any race in which there shall be a horse owned, trained or driven by the owner, trainer, or driver, or which the owner, trainer, or driver in anywise represents or handles or in which the owner, trainer, or driver has an interest; provided, however, that such a person may participate in multiple pool wagering on a race in which the owner's, trainer's, or driver's horse is included in the wager only in the first (winning) position.

5.1.27.6 If any licensee shall be approached with any offer or promise of a bribe, or a wager or with a request or suggestion for a bribe, or for any improper, corrupt or fraudulent act in relation to racing, or that any race shall be conducted otherwise than fairly and honestly, it shall be the duty of such licensee to report the details thereof immediately to the presiding judge.

5.1.27.7 Any misconduct on the part of a licensee or patron, fraudulent in its nature or injurious to racing, although not specified in these rules, is forbidden. Any licensee or other person who, individually or in concert with one another, shall fraudulently and corruptly, by any means, affect the outcome of any race or affect a false registration, or commit any other act injurious to racing, shall be guilty of a violation of these rules

censee or patron, fraudulent in its nature or injurious to racing, although not specified in these rules, is forbidden. Any licensee or other person who, individually or in concert with one another, shall fraudulently and corruptly, by any means, affect the outcome of any race or affect a false registration, or commit any other act injurious to racing, shall be guilty of a violation of these rules.

5.1.27.8 If 2 or more persons combine and confederate together, in any manner, regardless of where the said persons may be located, for the purpose of violating any of the Rules and Regulations of the Commission, and shall commit some act in furtherance of the said purpose or plan, it shall constitute a conspiracy and a violation of these rules.

5.1.27.9 In any case where an oath is administered by the judges, by the presiding judge, by the Commission or by a hearing officer thereof, under these rules, or by a Notary Public and any other person legally authorized to administer oaths, if the party knowingly swears falsely or withholds information pertinent to the investigation, he shall be fined, suspended, or both, or expelled.

5.1.27.10 The Commission may impose a fine or suspension on, or may refuse to license, any person subject to the jurisdiction of the Commission if the Commission finds that such person:

5.1.27.10.1 Is associating, consorting or negotiating with bookmakers, touts or other persons of similar pursuits; or

5.1.27.10.2 Is associating, consorting or negotiating with persons who have been convicted of a crime; or

5.1.27.10.3 Is guilty of fraud or has attempted any fraud or misrepresentation in connection with racing, breeding or otherwise; or

5.1.27.10.4 Has violated any law, rule or regulation with respect to racing in any jurisdiction; or

5.1.27.10.5 Has violated any rule, regulation or order of the Commission; or

5.1.27.10.6 Is of such experience, character or general unfitness that the person's participation in harness racing or related activities would be inconsistent with the public interest, con

racing, breeding or otherwise; or

5.1.27.10.4 Has violated any law, rule or regulation with respect to racing in any jurisdiction; or

5.1.27.10.5 Has violated any rule, regulation or order of the Commission; or

5.1.27.10.6 Is of such experience, character or general unfitness that the person's participation in harness racing or related activities would be inconsistent with the public interest, convenience or necessity, or with the best interests of racing generally.

5.1.27.11 The Commission may refuse admission to race meeting grounds, and/or may eject from the enclosure of a race track operated by any association, any person whose presence there is, in the judgment of the Commission, inconsistent with the orderly or proper conduct of a race meeting, or whose presence or conduct is deemed detrimental to the best interests of harness racing.

5.1.27.12 Any person, whether a licensee or a patron, may be expelled from the enclosure of a race track operated by any association for any violation of subsection 5.1.27.

5.1.27.13 All licensees, officials and appointees of the Commission, and all employees of any association, are required to conduct themselves in a forthright and courteous manner at all times while on or near the premises of an association during the operation of a licensed harness race meeting. The Commission at any time may require the removal of any licensee, official, appointee or employee whose conduct does not comport with this requirement.

5.1.27.14 Licensees tampering with eligibility certificates may be fined, or their licenses may be suspended or revoked. Further, any winnings of such licensees in races in which a horse was entered whose eligibility certificate was tampered with by such licensee may be ordered forfeited.

5.2 Owners

5.2.1 Licensing Requirements for Owners

5.2.1.1 Each person who has an ownership or beneficial interest in a horse is required to be licensed

lity certificates may be fined, or their licenses may be suspended or revoked. Further, any winnings of such licensees in races in which a horse was entered whose eligibility certificate was tampered with by such licensee may be ordered forfeited.

5.2 Owners

5.2.1 Licensing Requirements for Owners

5.2.1.1 Each person who has an ownership or beneficial interest in a horse is required to be licensed.

5.2.1.2 An applicant for an owner's license shall own or lease a horse which is eligible to race, registered with the racing secretary and under the care of a trainer licensed by the Commission. An owner shall notify the judges of a change in trainer of the owner's horse. A horse shall not be transferred to a new trainer after entry.

5.2.1.3 The provisions of subsection 5.1.4 notwithstanding, a person younger than 14 years of age may apply for an owner’s license, provided that no licensed owner younger than 14 years of age will be permitted paddock access at any licensed association. If younger than 18 years of age, an applicant for an owner's license shall submit a notarized affidavit from the parent or legal guardian of the person younger than 14 stating that the parent or legal guardian expressly assumes responsibility for the applicant's financial, contractual and other obligations relating to the applicant's participation in racing.

5.2.1.4 If the Commission or its designee has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement.

5.2.1.5 Horses not under lease must race in the name of the bona fide owner. Each owner shall comply with all licensing requirements

ligations relating to the applicant's participation in racing.

5.2.1.5 Horses not under lease must race in the name of the bona fide owner. Each owner shall comply with all licensing requirements.

5.2.1.6 The Commission or its designee may refuse, deny, suspend or revoke an owner's license for the spouse or member of the family or household of a person ineligible to be licensed as an owner, unless there is a showing on the part of the applicant or licensed owner, and the Commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to circumvent the intent of a Commission rule or ruling is prohibited.

5.2.2 Licensing Requirements for Multiple Owners

5.2.2.1 If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other association or entity, each shareholder, member or partner shall be licensed as required in subsection 5.1.1 of this regulation.

5.2.2.2 Each partnership, corporation, limited liability company, syndicate or other association or entity shall disclose to the Commission all owners holding a 5% or greater beneficial interest, unless otherwise required by the Commission.

5.2.2.3 Each partnership, corporation, limited liability company, syndicate or other association or entity which includes an owner with less than a 5% ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of their ownership or beneficial interest, is not presently ineligible for licensing or suspended in any racing jurisdiction

rporation, limited liability company, syndicate or other association or entity which includes an owner with less than a 5% ownership or beneficial interest shall file with the Commission an affidavit which attests that, to the best of their knowledge, every owner, regardless of their ownership or beneficial interest, is not presently ineligible for licensing or suspended in any racing jurisdiction.

5.2.2.4 To obtain an owner's license, an owner with less than a 5% ownership or beneficial interest in a horse shall establish a bona fide need for the license and the issuance of such license shall be approved by the Commission.

5.2.2.5 Application for joint ownership shall include a designation of a managing owner and a business address. Receipt of any correspondence, notice or order at such address shall constitute official notice to all persons involved in the ownership of such horse.

5.2.2.6 The written appointment of a managing owner or authorized agent shall be filed with the United State Trotting Association or Canadian Trotting Association and with the Commission.

5.2.3 Lease Agreements. A horse may be raced under lease provided a completed breed registry or other lease form acceptable to the Commission is attached to the certificate of registration and on file with the Commission. The lessor and lessee shall be licensed as horse owners. For purposes of issuance of eligibility certificates or transfers of ownership, a lease for an indefinite term shall be considered terminable at the will of either party unless extended or reduced to a term certain by written documentation executed by both lessor and lessee.

minable at the will of either party unless extended or reduced to a term certain by written documentation executed by both lessor and lessee.

5.2.4 Racing Colors. Drivers must wear distinguishing colors, and shall not be permitted to drive in a race or other public performance unless, in the opinion of the judges, they are properly dressed, their driving outfits are clean and they are well groomed. During inclement weather conditions, drivers must wear rain suits in either of their colors or made of a transparent material through which their colors can be distinguished.

5.3 Trainers

5.3.1 Eligibility

5.3.1.1 A person shall not train horses without first having obtained a trainer license from the Commission valid for the current year by meeting the standards for trainers, as established by the United States Trotting Association.

5.3.1.2 Valid categories of licenses are:

5.3.1.2.1 "A," a full license valid for all meetings and permitting operation of a public stable; and

5.3.1.2.2 "L," a license restricted to the training of horses while owned by the holder or the holder's immediate family at all race meetings.

5.3.1.3 If more than 1 person performs any of the criteria in subsections 5.3.1.3.1 through 5.3.1.3.5 or receives any form of compensation, directly or indirectly, for training or managing the horse, then that person must also obtain a trainer's license from the Commission valid for the current year by meeting the standards for trainers, as established by the United States Trotting Association. It shall be a violation for the principal trainer of a horse to fail to disclose that an unlicensed person is acting as a trainer. In addition, the Commission may deny a license to any person who prior to having been granted a trainers license is determined by the judges or Commission to have acted as a trainer. The principal trainer and any other trainer or trainers shall be liable for all rule violations and subject to a fine or suspension including revocation of license for such violation

sed person is acting as a trainer. In addition, the Commission may deny a license to any person who prior to having been granted a trainers license is determined by the judges or Commission to have acted as a trainer. The principal trainer and any other trainer or trainers shall be liable for all rule violations and subject to a fine or suspension including revocation of license for such violation. For purposes of this rule, the judges shall use the following criteria in determining the identity of the trainer or trainers of a horse:

5.3.1.3.1 The identity of the person who is responsible for the business decisions regarding the horse, including, but not limited to, business arrangements with and any payments to or from owners or other trainers, licensed or otherwise, veterinarians, feed companies, hiring and firing of employees, obtaining workers’ compensation or proof of adequate insurance coverage, payroll, horsemen’s bookkeeper, etc.;

5.3.1.3.2 The identity of the person responsible for communicating, or who in fact does communicate, with the racing secretary’s office, stall manager, association and track management, owners, etc. regarding racing schedules and other matters pertaining to the entry, shipping and racing of the horse;

5.3.1.3.3 The identity of the person responsible for the principal conditioning of the horse;

5.3.1.3.4 The identity of the person responsible for race day preparation including, but not limited to, accompanying the horse to the paddock or ship-in barn, selection of equipment, authority to warm up the horse before the public, discussion with the driver of race strategy, etc.; and

5.3.1.3.5 The identity of the person who communicates on behalf of the owner with the judges and other Commission personnel regarding the horse, including regarding any questions concerning the location or condition of the horse, racing or medication violations, etc

arn, selection of equipment, authority to warm up the horse before the public, discussion with the driver of race strategy, etc.; and

5.3.2 Trainer Responsibility

5.3.2.1 A trainer is responsible for the condition of horses entered in an official race and is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable level, in such horses. If there is a principal trainer and one or more additional trainers for a horse, all shall be responsible for any rules violations with respect to the horse. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a Commission‑approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer shall be responsible. Whenever a principal trainer of a horse names a substitute trainer for program purposes due to his inability to be in attendance with the horse on the day of the race, or for any other reason, the principal trainer shall be responsible for the condition of the horse should the horse test positive and the substitute trainer may also be held responsible as mitigating and aggravating circumstances are considered.

5.3.2.2 A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

5.3.2.3 A trainer whose horse has been claimed remains responsible for any violation of rules regarding that horse's participation in the race in which the horse is claimed.

5.3.3 Other Responsibilities

g and aggravating circumstances are considered.

5.3.2.2 A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

5.3.2.3 A trainer whose horse has been claimed remains responsible for any violation of rules regarding that horse's participation in the race in which the horse is claimed.

5.3.3 Other Responsibilities. A trainer is responsible for:

5.3.3.1 The condition and contents of stalls, tack rooms, feed rooms, sleeping rooms and other areas which have been assigned by the association;

5.3.3.2 Maintaining the assigned stable area in a clean, neat and sanitary condition at all times;

5.3.3.3 Ensuring that fire prevention rules are strictly observed in the assigned stable area;

5.3.3.4 Providing a list to the Commission of the trainer's employees on association grounds and any other area under the jurisdiction of the Commission. The list shall include each employee's name, occupation, social security number and occupational license number. The Commission shall be notified by the trainer, in writing, within 24 hours of any change;

5.3.3.5 The proper identity, custody, care, health, condition and safety of horses in his charge;

5.3.3.6 Disclosure of the true and entire ownership of each horse in his care, custody or control;

5.3.3.7 Registering with the racing secretary each horse in his charge within 24 hours of the horse's arrival on association grounds;

5.3.3.8 Ensuring that, at the time of arrival at a licensed racetrack, each horse in his care is accompanied by a valid health certificate which shall be filed with the racing secretary;

5.3.3.9 Having each horse in his care that is racing, or is stabled on association grounds, tested for Equine Infectious Anemia (EIA) in accordance with state/provincial law and for filing evidence of such negative test results with the racing secretary;

5.3.3.10 Using the services of those veterinarians licensed by the Commission to attend horses that are on association grounds;

5.3.3.11 Immedia

5.3.3.10 Using the services of those veterinarians licensed by the Commission to attend horses that are on association grounds;

5.3.3.11 Immediately reporting the alteration of the sex of a horse in his care to the horse identifier and the racing secretary, whose office shall note such alteration on the certificate of registration;

5.3.3.12 Promptly reporting to the presiding judge, racing secretary and the State veterinarian any horse on which a posterior digital neurectomy (heel nerving) is performed and ensuring that such fact is designated on its certificate of registration;

5.3.3.13 Promptly notifying the State veterinarian of any reportable disease and any unusual incidence of a communicable illness of any horse in his charge;

5.3.3.14 Promptly reporting the death of any horse in the trainer's care on association grounds to the judges and the State veterinarian and compliance with the rules in Section 8.0 governing post-mortem examinations;

5.3.3.15 Maintaining a knowledge of the medication record and status of all horses in his care;

5.3.3.16 Immediately reporting to the presiding judge and the State veterinarian if the trainer knows, or has cause to believe, that a horse in the trainer’s custody, care or control has received any prohibited drugs or medication;

5.3.3.17 Representing an owner in making entries and scratches and in all other matters pertaining to racing;

5.3.3.18 Horses entered as to eligibility and allowances claimed;

5.3.3.19 Ensuring the fitness of a horse to perform creditably at the distance entered and promptly requesting a scratch from Board of Judges if an entered horse becomes unfit to race (sick, lame, injured or deceased);

5.3.3.20 Ensuring that the trainer's horses are properly prepared and equipped;

5.3.3.21 Presenting the trai

acing;

5.3.3.18 Horses entered as to eligibility and allowances claimed;

5.3.3.20 Ensuring that the trainer's horses are properly prepared and equipped;

5.3.3.21 Presenting the trainer's horse in the paddock at a time prescribed by the presiding judge before the race in which the horse is entered;

5.3.3.22 Personally attending to the trainer's horses in the paddock and supervising the preparation thereof, unless excused by the paddock judge;

5.3.3.23 Attending the collection of a urine or blood sample from the horse in the trainer's charge or delegating a licensed employee or the owner of the horse to do so; and

5.3.3.24 Notifying horse owners upon the revocation or suspension of his trainer's license. Upon application by the owner, the presiding judge may approve the transfer of such horses to the care of another licensed trainer, and upon such approved transfer, such horses may be entered to race.

5.3.4 Restrictions on Wagering. A trainer shall only be allowed to wager on the trainer's horse or entries to win or finish first in combination with other horses.

5.3.5 Substitute Trainers. If any licensed trainer is to be absent from the association grounds where the trainer's horse is programmed to race the presiding judge shall be immediately notified and at that time a licensed substitute trainer, acceptable to the presiding judge, shall be appointed to assume responsibility for the horses racing during the absence of the regular trainer.

5.4 Owners' Authorized Agents

5.4.1 Licenses Required

5.4.1.1 An authorized agent shall obtain a license from the Commission.

5.4.1.2 Application for license shall be filed for each owner represented.

5.4.1.3 A written instrument signed by the owner shall accompany the application and shall clearly set forth the delegated powers of the authorized agent

ng during the absence of the regular trainer.

5.4 Owners' Authorized Agents

5.4.1 Licenses Required

5.4.1.1 An authorized agent shall obtain a license from the Commission.

5.4.1.2 Application for license shall be filed for each owner represented.

5.4.1.3 A written instrument signed by the owner shall accompany the application and shall clearly set forth the delegated powers of the authorized agent. The owner's signature on the written instrument shall be acknowledged before a notary public.

5.4.1.4 If the written instrument is a power of attorney it shall be filed with the Commission and attached to the regular application form.

5.4.1.5 Any changes shall be made in writing and filed as provided in subsection 5.4.1.3 above.

5.4.1.6 The authorized agent's appointment may be terminated by the owner, in writing, acknowledged before a notary public and filed with the Commission whereupon the license shall not be valid.

5.4.2 Powers and Duties

5.4.2.1 A licensed authorized agent may perform on behalf of the licensed owner‑principal all acts as relate to racing, as specified in the agency appointment, that could be performed by the principal if such principal were present.

5.4.2.2 In executing any document on behalf of the principal, the authorized agent shall clearly identify the authorized agent and the owner‑principal.

5.4.2.3 When an authorized agent enters a claim for the account of a principal, the name of the licensed owner for whom the claim is being made and the name of the authorized agent shall appear on the claim slip or card.

5.4.2.4 Authorized agents are responsible for disclosure of the true and entire ownership of each horse for which they have authority at a race meeting. Any change in ownership shall be reported immediately to, and approved by, the judges and recorded by the United States Trotting Association

whom the claim is being made and the name of the authorized agent shall appear on the claim slip or card.

5.5 Drivers

5.5.1 A person shall not drive a horse in any race or performance against time, other than an exhibition race, without having first obtained a driver license valid for the current year by meeting the standards as established by the United States Trotting Association and being licensed by the Commission. The driver license shall be presented to the judges prior to participating for the first time at any race meeting.

5.5.2 The judges may review the performance of a driver at any time and may take the following actions:

5.5.2.1 Amend the license category;

5.5.2.2 Revoke the license;

5.5.2.3 Apply conditions to the license; or

5.5.2.4 Require the driver to re‑qualify for the license in accordance with the United States Trotting Association regulations.

5.5.3 Drivers must report to the paddock judge at least one hour before post time of any race in which they are programmed to drive, unless excused by the presiding judge.

5.5.4 Where advanced wagering takes place on any feature betting race, drivers programmed to drive in such races must make their presence known to the paddock judge prior to commencement of the advanced wagering.

5.5.5 A driver cannot decline to be substituted by the judges. Any driver who refuses shall be suspended and may be fined.

5.5.6 Once a driver reports to the paddock the driver shall not enter the public stands or the betting area until driving duties for the day have been completed and upon completion of driving duties the driver shall not enter the public stands until the driving outfit is replaced with ordinary clothing

ine to be substituted by the judges. Any driver who refuses shall be suspended and may be fined.

5.5.7 The judges may remove a driver at any time if, in the judges’ opinion, the driver’s driving would not be in the best interests of harness racing.

5.5.8 A driver shall not drive for any other person in a race in which one of the horses the driver trains or owns has been declared into race, except where such horses are coupled as an entry.

5.5.9 Drivers shall fulfill all engagements, unless excused by the judges.

1 DE Reg. 502 (11/01/97)

5 DE Reg. 832 (10/01/01)

10 DE Reg. 1422 (03/01/07)

11 DE Reg. 1050 (02/01/08)

14 DE Reg. 23 (07/01/10)

14 DE Reg. 894 (03/01/11)

16 DE Reg. 1169 (05/01/13)

17 DE Reg. 1059 (05/01/14)

22 DE Reg. 47 (07/01/18)

26 DE Reg. 831 (04/01/23)

27 DE Reg. 967 (06/01/24)

6.0 Types of Races

6.1 Types of Races Permitted. In presenting a program of racing, the racing secretary shall use exclusively the following types of races:

6.1.1 Overnight events which include:

6.1.1.1 Conditioned races;

6.1.1.2 Claiming races;

6.1.1.3 Preferred, invitational, handicap, open or free-for-all races;

6.1.2 Added money events which include:

6.1.2.1 Stakes;

6.1.2.2 Early closing events; and

6.1.2.3 Late closing events

6.1.3 Match races

6.1.4 Qualifying Races (See Rule 7.0 ‑‑ "Rules of the Race")

6.1.5 Delaware-owned or bred races as specified in 3 Del.C. §10032

6.2 Overnight Events

6.2.1 General Provisions

6.2.1.1 For the purpose of this rule, overnight events shall include conditioned, claiming, preferred, invitational, handicap, open, free-for-all, or a combination thereof

nts; and

6.1.2.3 Late closing events

6.1.3 Match races

6.1.4 Qualifying Races (See Rule 7.0 ‑‑ "Rules of the Race")

6.1.5 Delaware-owned or bred races as specified in 3 Del.C. §10032

6.2 Overnight Events

6.2.1 General Provisions

6.2.1.1 For the purpose of this rule, overnight events shall include conditioned, claiming, preferred, invitational, handicap, open, free-for-all, or a combination thereof.

6.2.1.2 Condition sheets must be available to participants at least 18 hours prior to closing declarations to any race program contained therein.

6.2.1.3 A fair and reasonable racing opportunity shall be afforded both trotters and pacers in reasonable proportion from those available and qualified to race.

6.2.1.4 Substitute races may be provided for each race program and shall be so designated on condition sheets. A substitute race may be used when a regularly scheduled race fails to fill.

6.2.1.5 Regularly scheduled races or substitute races may be divided where necessary to fill a program of racing, or may be divided and carried over to a subsequent racing program, subject to the following:

6.2.1.5.1 No such divisions shall be used in the place of regularly scheduled races which fill.

6.2.1.5.2 Where races are divided in order to fill a program, starters for each division must be determined by lot after preference has been applied, unless the conditions provide for divisions based upon age, performance, earnings or sex may be determined by the racing secretary.

6.2.1.5.3 However, where necessary to fill a card, not more than 3 races per day may be divided into not more than 3 divisions after preference has been applied. The divisions may be selected by the racing secretary. For all other overnight races that are divided, the division must be by lot unless the conditions provide for a division based on performance, earnings or sex

by the racing secretary.

6.2.2 Conditions

6.2.2.1 Conditions may be based only on:

6.2.2.1.1 Horses' money winnings in a specified number of previous races or during a specified previous time;

6.2.2.1.2 Horses' finishing positions in a specified number of previous races or during a specified period of time;

6.2.2.1.3 Age, provided that no horse that is 15 years of age or older shall be eligible to perform in any race except in a matinee race;

6.2.2.1.4 Sex;

6.2.2.1.5 Number of starts during a specified period of time;

6.2.2.1.6 Special qualifications for foreign horses that do not have a representative number of starts in the United States or Canada;

6.2.2.1.7 Horses' race condition in a specified number of previous races or during a specified period of time;

6.2.2.1.8 Horses' claiming price in a specified number of previous races or during a specified period of time;

6.2.2.1.9 Horses' purses raced for in a specified number of previous races or during a specified period of time;

6.2.2.1.10 Delaware-owned or bred races as specified in 3 Del.C. §10032 ;

6.2.2.1.11 Delaware Owned or Bred Preferred;

6.2.2.1.12 Delaware Trained Preferred; or

6.2.2.1.13 Any 1 or more combinations of the qualifications herein listed.

6.2.2.2 Conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall not supersede date preference as provided in the rules except when written Delaware Owned or Bred Preferred, or Delaware Trained Preferred. Not more than 3 also eligible conditions shall be used in writing the conditions for overnight events

en in such a way that any horse is deprived of an opportunity to race in a normal preference cycle. Where the word preference is used in a condition, it shall not supersede date preference as provided in the rules except when written Delaware Owned or Bred Preferred, or Delaware Trained Preferred. Not more than 3 also eligible conditions shall be used in writing the conditions for overnight events.

6.2.2.3 The Commission may, upon application from the racing secretary, approve conditions other than those listed above for special events.

6.2.2.4 In the event there are conflicting published conditions and neither one nor the other is withdrawn by the association, the one more favorable to the declarer shal

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