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Arizona Administrative Code Title 19_ Ch 2 Arizona Racing

VIEWS: 28 PAGES: 85

									                                                    Arizona Administrative Code                                            Title 19, Ch. 2
                                                    Arizona Racing Commission

                        TITLE 19. ALCOHOL, HORSE AND DOG RACING, LOTTERY, AND GAMING

                                        CHAPTER 2. ARIZONA RACING COMMISSION
                                                  (Authority: A.R.S. § 5-101 et seq.)
     Editor’s Note: The Office of the Secretary of State prints all Code Chapters on white paper (Supp. 03-4).
     Editor’s Note: This Chapter contains rules which were adopted under an exemption from the provisions of the Administrative Pro-
cedure Act (A.R.S. Title 41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption from A.R.S. Title 41, Chapter 6 means that the
Arizona Racing Commission did not submit these rules to the Governor’s Regulatory Review Council for review and approval; the Com-
mission did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register;
and the Commission was not required to hold public hearings on these rules. Because this Chapter contains rules which are exempt from
the regular rulemaking process, the Chapter is printed on blue paper.
     19 A.A.C. 2, consisting of R19-2-101 through R19-2-124, R19-2-301 through R19-2-331, and R19-2-501 through R19-2-523, recodified
from 4 A.A.C. 27, consisting of R4-27-101 through R4-27-124, R4-27-301 through R4-27-331, and R4-27-501 through R4-27-523, pursuant
to R1-1-102 (Supp. 95-1).
     Title 4, Chapter 27 consisting of Sections R4-27-101 through R4-27-124, R4-27-301 through R4-27-323 adopted effective August 5,
1983. R19-2-101 through R19-2-124 recodified from R4-27-101 through R4-27-124 (Supp. 95-1).
     Former Title 4,Chapter 27 consisting of Sections R4-27-101 through R4-27-111, R4-27-201 through R4-27-211, R4-27-301 through R4-
27-312 repealed effective August 5, 1983. R19-2-101 through R19-2-111, R19-2-201 through R19-2-211, R19-2-301 through R19-2-312
recodified from R4-27-101 through R4-27-111, R4-27-201 through R4-27-211, R4-27-301 through R4-27-312 (Supp. 95-1).
                ARTICLE 1. HORSE RACING                                                     ARTICLE 2. RESERVED
Section                                                                            ARTICLE 3. GREYHOUND RACING
R19-2-101. Power and Authority
R19-2-102. Definitions                                                Section
R19-2-103. Permit Applications                                        R19-2-301.        Power and Authority
R19-2-104. Permittee Responsibilities                                 R19-2-302.        Definitions
R19-2-105. Charity Races                                              R19-2-303.        Permit Applications
R19-2-106. Licensing                                                  R19-2-304.        Permittee Responsibilities
R19-2-107. Stable Names                                               R19-2-305.        Charity Races
R19-2-108. Leases                                                     R19-2-306.        Licensing
R19-2-109. Jockeys                                                    R19-2-307.        Kennel Names
R19-2-110. Jockey Agents                                              R19-2-308.        Owners, Kennel Owners, and Trainers
R19-2-111. Trainers                                                   R19-2-309.        Officials
R19-2-112. Prohibited Acts                                            R19-2-310.        Lead-outs
R19-2-113. Entries and Subscriptions                                  R19-2-311.        Prohibited Acts
R19-2-114. Penalties and Allowances                                   R19-2-312.        Registration and Transfers
R19-2-115. Claiming Races: Eligibility for Claiming                   R19-2-313.        Leases
R19-2-115.01. Claiming Races: Duration of Race Meetings               R19-2-314.        Weights and Weighing
R19-2-115.02. Claiming Races: Steward Claiming Authorization          R19-2-315.        Schooling
R19-2-115.03. Claiming Races: Claiming Restrictions                   R19-2-316.        Entries and Subscriptions
R19-2-115.04. Claiming Races: Delivery of Claimed Horse               R19-2-317.        Rules of the Race
R19-2-115.05. Claiming Races: Irrevocability of Claim                 R19-2-318.        Repealed
R19-2-115.06. Claiming Races: Claimed Horse Racing and Owner-         R19-2-319.        Arizona Bred Eligibility and Breeders’ Award Pay-
              ship Restrictions                                                         ments
R19-2-115.07. Claiming Races: Claiming Price and Determination        R19-2-320.        Objections
              of Winner of Claim                                      R19-2-321.        Repealed
R19-2-115.08. Claiming Races: Responsibility for Determining Sex      R19-2-322.        Procedure before the Department
              of Horse                                                R19-2-323.        Procedure before the Commission
R19-2-115.09. Claiming Races: Claiming Procedures                     R19-2-324.        Greyhound Housing
R19-2-115.10. Claiming Races: Disciplinary Action                     R19-2-325.        Grounds of the Racing Kennel, Breeding Farm, or
R19-2-116. Arizona Bred Eligibility and Breeders’ Award Pay-                            other Operation
              ments                                                   R19-2-326.        General Care of Greyhounds in a Racing Kennel, on
R19-2-117. Objections                                                                   a Breeding Farm, or other Operation
R19-2-118. Scale of Weights for Age                                   R19-2-327.        Personnel of the Racing Kennel, Breeding Farm, or
R19-2-119. Rules of the Race and Winnings                                               other Operation
R19-2-120. Repealed                                                   R19-2-328.        Transportation of Greyhounds
R19-2-121. Officials                                                  R19-2-329.        Disposition of Greyhounds
R19-2-122. Transfers                                                  R19-2-330.        Inspection Procedure for a Racing Kennel, Breeding
R19-2-123. Procedure before the Department                                              Farm, or other Operation
R19-2-124. Procedure before the Commission                            R19-2-331.        Greyhound Adoption Grants
R19-2-125. Arizona Stallion Awards                                    R19-2-332.        Certifying a Greyhound Arizona Bred
R19-2-126. Race Horse Adoption Grants




June 30, 2006                                                   Page 1                                                         Supp. 06-2
Title 19, Ch. 2                                      Arizona Administrative Code
                                                     Arizona Racing Commission

                  ARTICLE 4. TELETRACKING                             R19-2-521.     Simulcast Wagering
                                                                      R19-2-522.     Interstate Common Pool Wagering
     Article 4, consisting of Sections R19-2-401 through R19-2-       R19-2-523.     Calculation of Payoffs and Distribution of Pools
410, adopted effective February 26, 1996, under an exemption from
the rulemaking process pursuant to A.R.S. § 41-105(A)(18) (Supp.           ARTICLE 6. STATE BOXING ADMINISTRATION
96-1).
                                                                           Article 6, consisting of Sections R19-2-601 through R19-2-
     Article 4, consisting of Sections R4-27-401 through R4-27-       610, recodified from Sections R4-3-415 through R4-3-424 at 5
410, repealed effective December 14, 1994 (Supp. 94-4).               A.A.R. 1175, April 23, 1999 (Supp. 99-2).
     Article 4, consisting of Sections R4-27-401 through R4-27-       Section
410, adopted effective April 3, 1984 (Supp. 84-2). R19-2-401          R19-2-601. Definitions
through R19-2-410 recodified from R4-27-401 through R4-27-410         R19-2-602. Notice to the Department
(Supp. 95-1).                                                         R19-2-603. Ticket Manifest, Collection, Accounting
Section                                                               R19-2-604. Annual Bond, Event Bond, Claims
R19-2-401. Definitions                                                R19-2-605. License Fees
R19-2-402. Teletrack Wagering                                         R19-2-606. Fines
R19-2-403. General Provisions                                         R19-2-607. Repealed
R19-2-404. Application for Original Teletrack Wagering Permit;        R19-2-608. Repealed
               Plan of Operation; Renewals of Teletrack Wagering      R19-2-609. Renumbered
               Permit                                                 R19-2-610. Renumbered
R19-2-405. Application for Approval of Additional Wagering                             ARTICLE 1. HORSE RACING
               Facilities; Plan of Operation; Renewal or Approval
               of Additional Wagering Facilities                      R19-2-101.       Power and Authority
R19-2-406. Requisites for a Teletrack Wagering System                 A. All powers of the Department and Commission not specifi-
R19-2-407. Transmission                                                   cally defined in these rules are reserved to the Department and
R19-2-408. Suspension of Teletrack Permit                                 Commission under the law creating the Department and Com-
R19-2-409. Licensing of Employees at Teletrack Facilities                 mission and specifying its powers and duties.
R19-2-410. Directives                                                 B. The jurisdiction of the Department and Commission over mat-
          ARTICLE 5. PARI-MUTUEL WAGERING                                 ters covered by the statutes and the rules is continuous
                                                                          throughout the year.
     Article 5, consisting of Sections R4-27-501 through R4-27-       C. The statutes of the state of Arizona and the rules and the orders
523, adopted effective October 21, 1993, under an exemption from          of the Department and Commission take precedence over the
the provisions of the Administrative Procedure Act (A.R.S. Title          conditions of a race or the conditions of a racing meeting.
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption         D. The Director may sustain, reverse, or modify any penalty or
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing             decision imposed by the stewards.
Commission did not submit these rules to the Governor’s Regula-       E. The Commission may sustain, reverse, or modify any penalty
tory Review Council for Review; the Commission did not submit             or decision imposed by the Director.
notice of proposed rulemaking to the Secretary of State for publi-
                                                                                                 Historical Note
cation in the Arizona Administrative Register; the Commission
                                                                            Adopted effective August 5, 1983 (Supp. 83-4). Editor
was not required to hold public hearings on these rules; and the
                                                                           spelling correction to subsection (C) (Supp. 88-4). R19-2-
Attorney General did not certify these rules. Because this Chapter
                                                                                  101 recodified from R4-27-101 (Supp. 95-1).
contains rules which are exempt from the regular rulemaking
process, the Chapter is being printed on blue paper. R-19-2-501       R19-2-102.         Definitions
through R19-2-523 recodified from R4-27-501 through R4-27-            In these rules, unless the context otherwise requires:
523 (Supp. 95-1).                                                          1. “Added money” means the money a permittee adds to the
Section                                                                          nominating and starting fees in a race.
R19-2-501. General                                                         2. “Age” means the age of a horse as computed from the
R19-2-502. Records                                                               first day of January in the year in which the horse is
R19-2-503. Pari-mutuel Tickets                                                   foaled.
R19-2-504. Pari-mutuel Ticket Sales                                        3. “Authorized agent” means a person appointed pursuant to
R19-2-505. Advance Performance Wagering                                          R19-2-106(I) of these rules.
R19-2-506. Claims for Payment from Pari-mutuel Pool                        4. “Breeder” of a horse means the owner or lessee of its dam
R19-2-507. Payment for Errors                                                    at the time of foaling.
R19-2-508. Betting Explanation                                             5. “Breeding place” means the place of birth of a horse.
R19-2-509. Display of Betting Information                                  6. “Commission” means the Arizona Racing Commission.
R19-2-510. Cancelled Contests                                              7. “Course” means the track over which horses race.
R19-2-511. Refunds                                                         8. “Declaration” means the act of withdrawing an entered
R19-2-512. Coupled Entries and Mutuel Fields                                     horse from a race.
R19-2-513. Pools Dependent upon Betting Interests                          9. “Department” means the Arizona Department of Racing.
R19-2-514. Prior Approval Required for Betting Pools                       10. “Director” means the Director of the Arizona Department
R19-2-515. Closing of Wagering in a Contest                                      of Racing.
R19-2-516. Complaints Pertaining to Pari-mutuel Operations                 11. “Entrance fee” means a fee set by the permittee which
R19-2-517. Licensed Employees                                                    must be paid in order to make a horse eligible for a stakes
R19-2-518. State Mutuel Supervisor                                               race.
R19-2-519. Mutuel Manager                                                  12. “Entry” means, according to its context, either:
R19-2-520. Reserved                                                              a. A horse eligible and entered in a race, or



Supp. 06-2                                                       Page 2                                                      June 30, 2006
                                                         Arizona Administrative Code                                            Title 19, Ch. 2
                                                         Arizona Racing Commission

          b.     Two or more horses which are entered in a race and           29. “Place” means the position in which a horse finishes in a
                 are owned in whole or in part by the same owner or               race, and more specifically win-first, place-second, and
                 are trained by a trainer who owns any interest in any            show-third.
                 of the other horses in the race.                             30. “Post position” means the position assigned to a horse for
    13.   “Equipment” as applied to a horse means whips, blinkers,                the start of a race.
          tongue straps, muzzles, hoods, nose bands, shadow rolls,            31. “Post time” means the time set for the arrival at the start-
          martingales, breast plates, bandages, boots, plates                     ing point of the horses in a race.
          (shoes), and all other paraphernalia which is or might be           32. “Prohibited substance” means any substance regulated by
          used on or attached to a horse while racing.                            A.R.S. Title 13, Chapter 34.
    14.   “Field” means:                                                      33. “Race” means a contest among horses for purse, stakes,
          a. The entire group of horses in a race.                                premium, or wager for money, run in the presence of the
          b. The highest numbered horse within the capacity of                    racing officials of the track and of the Department.
                 the tote and all horses of a higher number grouped               a. “Claiming race” means a race in which any horse
                 together in the wagering.                                              entered may be claimed in conformity with these
    15.   “Foreign substance” means any drug, medicine, metabo-                         rules.
          lite, or any other substance which does not exist naturally             b. “Graded quarter race” means a quarter race for
          in the untreated horse and which may have a pharmaco-                         which horses are classified by the racing secretary
          logical effect on the racing performance of a horse or                        on the basis of prior racing times and past perfor-
          which may affect sampling or testing procedures. Foreign                      mances.
          substances include but are not limited to stimulants,                   c. “Handicap” means a race in which weights to be car-
          depressants, local anesthetics, narcotics, and analgesics.                    ried by the entered horses are adjusted by a handi-
    16.   “Foul” means any action by a horse or jockey which                            capper for the purpose of equalizing their respective
          interferes with another horse or jockey in the running of a                   chances of winning.
          race.                                                                   d. “Hurdle race” means a race over a course in which
    17.   “Grounds” means the entire area used by the permittee to                      jumps or hurdles are used.
          conduct racing meetings including, but not limited to, the              e. “Match race” means a race between two or more
          track, grandstand, stables, concession areas, and parking                     horses, each the property of different owners, on
          facilities.                                                                   terms agreed upon by the owners and approved by
    18.   “Horse” includes filly, mare, colt, horse, gelding and                        the Department.
          ridgling.                                                               f. “Overnight race” means a race for which entries
          a. In general when referring to sex, a horse is an entire                     close 96 hours or less before the time set for the first
                 male 5 years old or older.                                             race of the day on which such race is to be run.
          b. Ridgling shall mean a half-castrated male horse or a                 g. “Purse race” means a race for money or other prize
                 horse with one or both organs of reproduction absent                   to which the owners of the horses engaged in the
                 from the sac.                                                          race do not contribute an entry fee.
    19.   “Lawfully issued prescription” means a prescription-only                h. “Quarter race” means a race on the flat at 870 yards
          drug, as defined in A.R.S. § 13-3401, obtained directly or                    or less.
          pursuant to a valid prescription or order from a licensed               i. “Race on the flat” means a race over a course in
          physician acting in the course of professional practice.                      which no jumps or other obstacles are placed.
    20.   “Lessee” or “lessor” means a person who has leased a                    j. “Stakes race” means a race in which any monies are
          horse for racing purposes.                                                    to be deposited by the owners of the horses engaged
    21.   “Maiden” means a horse which at the time of starting has                      in the race, including a race in which money or other
          never won a race on the flat in any country on a recog-                       prize is added, and in which nominations must close
          nized track or which has been disqualified after finishing                    more than 72 hours before the time for the first race
          first.                                                                        of the day on which such stakes race is to be run.
    22.   “Meeting” means the entire period for which a permit to             34. “Recognized track” means a track where pari-mutuel
          conduct racing has been granted to any permittee by the                 wagering is authorized by law or which is recognized by
          Commission.                                                             the American Quarter Horse Association.
    23.   “Nominating fee” means a fee set by the permittee which             35. “Ruled off” means the act of barring from the grounds of
          must be paid in order to make a horse eligible for a stakes             a permittee and denying all racing privileges.
          race.                                                               36. “Scratch” means the act of withdrawing an entered horse
    24.   “Nomination” means the naming of a horse or its foal in                 from a race after the closing of overnight entries.
          utero to compete in a specific race or series of races, eli-        37. “Scratch time” means the time set by the permittee for the
          gibility for which may be conditional upon the payment                  withdrawing of entries from the races of that day.
          of a fee at the time of naming.                                     38. “Starting fee” means a fee, specified by the conditions of
    25.   “Nominator” means the person in whose name a horse is                   the race and set by the permittee, which must be paid in
          nominated for a stakes or handicap race.                                order to start in a race.
    26.   “Off time” means the moment at which, on signal of the              39. “Starting horse” means a horse which leaves the paddock
          starter, the horses break and run.                                      for the post, excluding:
    27.   “Overpayment” means the amount by which purses paid                     a. A horse subsequently excused by the stewards, or
          exceeds the amount due horsemen based upon the net                      b. A horse whose starting gate stall doors do not open
          take and break calculation.                                                   in front of it at the time the starter dispatches the
    28.   “Owner” means any person possessing all or part of the                        field.
          legal title to a horse.                                             40. “Subscription” means the act of nominating to a stakes
                                                                                  race.




June 30, 2006                                                        Page 3                                                         Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

     41. “Supplemental fee” means a fee set by the permittee that                  c.    The Department shall deem an application package
         must be paid at a time prescribed by the permittee to                           withdrawn if the applicant fails to file a complete
         make a horse eligible for a stakes race.                                        application package within 180 days of being noti-
     42. “Suspended” means that any privilege granted by the                             fied that the application package is incomplete.
         officials of a racing meeting or by the Commission or the            2. Substantive review time-frame. Within 30 days after
         Department has been temporarily withdrawn.                                 receipt of a complete application package, the Commis-
     43. “Sustaining fees” mean fees which must be paid periodi-                    sion, with the recommendation of the Department, shall
         cally, as prescribed by the conditions of the race, in order               determine whether the applicant meets all substantive
         to keep a horse eligible for that race.                                    requirements and issue a written notice granting or deny-
     44. “Tote/totalizator” means the machines which sell mutuel                    ing the permit.
         tickets and the board on which the approximate odds are              3. Overall time-frame. For the purpose of A.R.S. § 41-1073,
         posted.                                                                    the Department establishes the following time-frames for
     45. “Track” means the course over which races take place.                      issuing a permit.
     46. “Trainer” means the person employed by an owner or les-                    a. Administrative completeness review time-frame:
         see to condition horses for racing.                                             728 days;
     47. “Underpayment” means the amount by which the amount                        b. Substantive review time-frame: 30 days;
         due horsemen based upon the net take and break calcula-                    c. Overall time-frame: 758 days.
         tion exceeds the amount of purses paid.                         4.   Renewal and temporary permit time-frames. The administra-
     48. “Walkover” means a race in which there are not two or                tive completeness review time-frame is 30 days, the substan-
         more horses of separate interest sent postward.                      tive review time-frame is 30 days, and the overall time-frame
     49. “Weight” means the standard weight according to the                  is 60 days, excluding time for mailing. The renewal or tempo-
         scale set forth in R19-2-118.                                        rary permit is considered administratively complete unless the
                                                                              Department issues a written notice of deficiencies to the appli-
                         Historical Note
                                                                              cant. Temporary permits are valid until a full permit is
          Adopted effective August 5, 1983 (Supp. 83-4).
                                                                              awarded or until the Commission revokes the temporary per-
     Amended paragraph (15), added new paragraphs (26) and
                                                                              mit.
     (45) and renumbering accordingly effective June 6, 1986
      (Supp. 86-3). Amended by adding paragraphs (19) and                                           Historical Note
      (32) and renumbering accordingly effective November                          Adopted effective August 5, 1983 (Supp. 83-4).
       30, 1988 (Supp. 88-4). Amended effective March 20,                     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
      1990 (Supp. 90-1). R19-2-102 recodified from R4-27-                      103 recodified from R4-27-103 (Supp. 95-1). Amended
                        102 (Supp. 95-1).                                     effective January 6, 1998 (Supp. 98-1). Amended by final
                                                                              rulemaking at 11 A.A.R. 5534, effective February 4, 2006
R19-2-103.       Permit Applications
                                                                                                     (Supp. 05-4).
A. A person or persons, associations, or corporations desiring to
    hold or conduct a horse racing meeting within the state of Ari-      R19-2-104.       Permittee Responsibilities
    zona shall file with the Commission its permit application that      A. A permittee shall maintain the grounds in a neat, clean, and
    contains the information required in A.R.S. § 5-107 in paper             safe condition. If a steward determines that a permittee is not
    copy and in an electronic medium. All electronic media sub-              in compliance with this Section, the steward shall require that
    missions shall be compatible with the Department’s computer              the permittee immediately bring the grounds into compliance.
    system and software. If any addendum to the permit applica-          B. The permittee shall prevent any person, corporation, firm, or
    tion cannot be submitted in an electronic medium, the appli-             association not licensed by the Department from performing
    cant shall submit the addendum in a paper copy.                          any act at its track which requires a license under A.R.S. Title
B. The Department shall not issue a permit until the applicant has           5, Chapter 1, or this Article.
    furnished evidence of compliance with A.R.S. § 23-901 et seq.        C. Each permittee department head shall see that the permittee
    (Workers’ Compensation).                                                 department head’s employees are licensed and furnish a list of
C. Permit applicants shall submit to the Commission the names of             the employees upon request.
    the proposed track officials at least 60 days prior to the begin-    D. A permittee shall take all steps necessary to deny the privi-
    ning of their meet, along with a short biographical sketch of            leges of a license to anyone whose license has been revoked or
    each official not previously licensed in the same capacity by            suspended and to keep such a person off the grounds of the
    the Department.                                                          permittee and to prevent a person who has been ruled off from
D. A permit application shall specify the number of races to be              entering the grounds of the permittee.
    run on a daily basis.                                                E. A permittee or its employees shall not obstruct a representative
E. Racing shall be conducted only on those days granted by per-              of the Department performing the representative’s duties.
    mit.                                                                 F. A permittee shall not knowingly allow on its grounds any bet-
F. Permit Application Time-frames.                                           ting or other operations in contravention of any law of the state
    1. Administrative completeness review time-frame.                        of Arizona or of the United States.
         a. Within 728 days after receiving an application pack-         G. The permittee shall immediately report all observed violations
               age, the Department shall determine whether the               of any racing regulation or statute to the Department and shall
               application package contains the information                  cooperate with the Department and with state, federal, and
               required by subsections (A), (B), (C), and (D).               local authorities in investigations of alleged violations.
         b. If the application package is incomplete, the Depart-        H. A permittee shall provide the following services at the track:
               ment shall issue a written notice that specifies what         1. A horse ambulance, approved by the Department, for the
               information is required and return the application. If             removal of crippled animals from the track.
               the application package is complete, the Department           2. A physician or emergency paramedic certified under
               shall provide a written notice of administrative com-              A.R.S. § 36-2205 on duty during racing hours.
               pleteness.


Supp. 06-2                                                          Page 4                                                     June 30, 2006
                                                         Arizona Administrative Code                                             Title 19, Ch. 2
                                                         Arizona Racing Commission

     3. An ambulance, available during morning works and rac-                  3.  The race programmed as a part of a regular racing card
        ing hours.                                                                 conducted under the pari-mutuel system.
   4. First aid quarters, available during morning works and              L. On a daily basis, and as soon as the entries have been closed
        racing hours.                                                        and compiled and the declarations have been made, the per-
   5. A detention paddock (test barn) where all winners and                  mittee posts a list of the entries and declarations in a conspicu-
        other horses selected by the stewards are taken and kept             ous place.
        under the supervision of the Department veterinarian              M. A permittee shall print on a daily racing program a list of all
        until saliva, urine, blood, and other samples have been              officials and directors of the permittee and of track and racing
        obtained.                                                            officials, together with such pertinent rules as the Department
   6. An adequate security force whose duties include:                       may designate.
        a. Maintaining order.                                             N. A permittee shall not allow an official to act until the official’s
        b. Excluding from the grounds all handbooks, touts,                  appointment has been approved by the Department; provided
              and operators of gambling devices.                             that, in the case of sickness or inability to act, the provisions of
        c. Excluding from the grounds all persons ruled off by               R19-2-121(A)(5) apply.
              the stewards or the Department.                             O. The permittee shall provide a photo finish and videotape
        d. Excluding from the grounds all persons not eligible               device, approved by the Department, for the purpose of
              for a license under A.R.S. § 5-108.                            recording all races. The photographs and videotapes may be
        e. Immediately reporting to the stewards any licensee                used to aid the stewards in determining the finishes of races.
              who, while on the premises of the permittee, creates           Permittees shall retain for three months all official race photo-
              a disturbance, is intoxicated, interferes with any rac-        graphs and videotapes. The Department may require that spe-
              ing operation, or acts in an abusive or threatening            cific photographs and videotapes be retained for a longer
              manner to any racing official or other person.                 period of time of be transmitted to the Department for subse-
   7. A security guard stationed at the stable area entrance                 quent administrative or judicial proceedings.
        whose duties include:                                             P. Notwithstanding subsection (K), wagering may be conducted,
        a. Denying entrance to all persons not holding a license             by permission of the Department, on electronically televised
              or credentials issued by the Department or a Depart-           simulcasts provided:
              mental pass issued by the permittee.                           1. The simulcasts originate from a racing facility outside the
        b. Allowing any person seeking employment within                           state of Arizona.
              the stable area to have access to that area for a period       2. The race is televised on the grounds of the permittee.
              of one day, provided that:                                     3. The televised race is included with the posted races for
              i. The person is given a numbered card.                              that racing day.
              ii. A list of recipients of the numbered cards is              4. The televised race complies with the Interstate Horserac-
                    provided to the track office of the Department                 ing Act of 1978 (15 U.S.C. 3001 et seq.).
                    upon request.                                            5. Monies wagered are computed in the total daily handle.
              iii. The numbered card is retrieved by the security            6. An out-of-state facility, receiving a simulcast originating
                    guard when the person leaves the stable area.                  from a racing facility within the state of Arizona, operates
              iv. The track office of the Department is notified                   under the approval and regulation of an official agency of
                    of the retrieval.                                              that state.
   8. A furnished office, including utilities and necessary               Q. Any automatic timing device installed by the permittee shall
        office equipment, for the exclusive use of Department                have the approval of the Department.
        employees and officials.                                          R. Each commercial horse racing permittee shall furnish the
   9. A uniformed security official approved by the Depart-                  Department with annual financial statements audited and certi-
        ment, on duty in the Department test barn during its regu-           fied by a firm approved by the auditor general.
        lar business hours. The official shall provide security and          1. The firm shall conduct the audit in accordance with audit
        monitor the collection procedure and sealing of samples                    standards prescribed by the auditor general.
        taken from the horses.                                               2. The firm shall prepare the financial statements in accor-
   10. A copy of all tip sheets offered for sale in the parking area               dance with generally accepted accounting practices.
        or elsewhere on the grounds of the permittee, furnished              3. The firm shall use the following accounting practices:
        daily to the stewards not later than three hours before first              a. Overpayments shall be treated as an asset to the
        post.                                                                            extent that they are recoverable. Overpayments are
I. A person shall not sell tip sheets, pamphlets, or other printed                       reported as an asset titled “Purse Overpayments,”
   matter purporting to predict the outcome of a race other than                         immediately following current assets. If the permit-
   official programs, the Daily Racing Form, and newspapers in                           tee and the accountant determine that all or part of
   the betting area.                                                                     any overpayment is not recoverable, the dollar
J. Wagering shall be conducted upon the grounds of a permittee                           amount expensed and the basis of the determination
   only under the pari-mutuel method as provided by statute and                          shall be disclosed in the notes to the financial state-
   this Article and by the use of such mechanical or other equip-                        ments.
   ment as the Department may require. Bookmaking or betting                       b. Underpayments shall be reflected as an account pay-
   other than by the pari-mutuel method is prohibited.                                   able.
K. A permittee shall not allow the official racing of horses on any                c. Wagering income shall be reported net of sales
   track under its control except as provided by subsection (P)                          taxes.
   below unless:                                                                   d. Amounts which a permittee is seeking to recover
   1. The conditions of the race have been written by the racing                         through litigation shall not be reported as assets.
        secretary at the meeting.                                            4. The firm shall submit the following information with the
   2. The entries have been made in accordance with the                            financial statements in a form prescribed by the Depart-
        requirements set forth in R19-2-113.                                       ment:


June 30, 2006                                                        Page 5                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          a.    An analysis of the composition of and changes in               2.  A person owning less than 10 percent of outstanding
               accounts payable which include underpayments and                    shares of stock, regardless of classification or type, of any
               asset accounts which include overpayments,                          permittee or licensee.
          b. A summary of current year purse expense and over-            B.   Applications.
               or underpayment,                                                1. To apply for a license, a person shall complete the license
          c. The total amount of salaries and bonuses expense,                     application prescribed by the Department.
          d. Legal and accounting expense attributable to racing-              2. The Department may issue written instructions regarding
               related matters,                                                    the preparation and execution of the license application,
          e. An explanation of the types of revenues and                           and the instructions may be a part of or separate from the
               expenses classified in accounts titled “other,” and                 application form, or both.
          f. Other financial information requested by the Com-                 3. When an applicant submits a license application, the
               mission or Department.                                              applicant shall also submit the fee listed in subsection
     5.   Financial statements of permittees granted original per-                 (G). The Department shall ensure that a schedule of
          mits prior to July 1, 1982, shall be on a fiscal year basis.             license and fingerprint processing fees is displayed prom-
          Financial statements of permittees granted original per-                 inently at each track.
          mits after July 1, 1982, may be on a fiscal or calendar              4. An applicant who is at least 18 years of age shall submit a
          year basis at the discretion of the Director.                            full set of fingerprints to the Department. The fingerprints
     6.   The firm shall submit financial statements within 120 cal-               shall be taken by the Department or certified by a munici-
          endar days of the end of the fiscal or calendar year.                    pal police department, sheriff’s office, or other authority
     7.   The firm shall report overpayments and underpayments                     acceptable to the Department.
          to the Department in a form prescribed by the Department             5. An applicant for a trainer license shall demonstrate
          within 10 working days after the end of each condition                   knowledge and skill in protecting and promoting the
          book period.                                                             safety and welfare of animals participating in racing
                                                                                   meetings by passing an examination prescribed by the
                         Historical Note
                                                                                   Department. An applicant who fails to pass the examina-
         Adopted effective August 5, 1983 (Supp. 83-4).
                                                                                   tion shall wait at least six months before retaking the
     Amended subsection (H) paragraph (9) effective August
                                                                                   examination.
     2, 1985 (Supp. 85-4). Amended subsection (R) effective
                                                                               6. An applicant for a racing license shall indicate on the
     June 6, 1986 (Supp. 86-3). Amended effective March 20,
                                                                                   license application whether the applicant hires employees
      1990 (Supp. 90-1). Amended effective August 6, 1991
                                                                                   or independent contractors to work at an Arizona race-
       (Supp. 91-3). R19-2-104 recodified from R4-27-104
                                                                                   track. For the purposes of this Section, “employee” has
     (Supp. 95-1). Amended effective January 6, 1998 (Supp.
                                                                                   the meaning in A.R.S. § 23-902(B) and “independent
                              98-1).
                                                                                   contractor” has the meaning in A.R.S. § 23-902(C).
R19-2-105.       Charity Races                                                     a. An applicant that hires employees to work at an Ari-
A. A permittee shall provide the Commission with:                                        zona racetrack shall provide proof of compliance
    1. The name of any nonprofit organization or corporation                             with A.R.S. § 23-961(A) by providing to the Depart-
          selected by the permittee as a charity entitled to benefit                     ment a copy of the declaration page of the appli-
          from a charity racing day or race.                                             cant’s workers’ compensation insurance policy.
    2. A list of the names and addresses of all directors, officers,               b. The Department shall notify the Industrial Commis-
          and shareholders holding 10% or more of the total num-                         sion of Arizona of an applicant that fails to provide
          ber of outstanding voting shares of the charitable corpora-                    proof of workers’ compensation insurance as
          tion.                                                                          required in this Section. The Department shall notify
    3. A brief description of the purposes and activities to be                          the Industrial Commission of Arizona of an appli-
          benefited by monies received from the charity racing day                       cant that hires independent contractors to enable the
          or race.                                                                       Industrial Commission of Arizona to investigate the
    4. A copy of an Internal Revenue Service letter of determi-                          characterization of the applicant’s workers as inde-
          nation qualifying the particular charity as an exempt                          pendent contractors.
          organization or corporation for federal income tax pur-         C.   Each applicant and licensee shall know and follow the rules
          poses.                                                               governing racing in Arizona.
B. No permittee shall charge any expenses incurred by operation           D.   License procedure.
    of racing against the pari-mutuel handle of a charity racing day           1. Under delegation from the Director, a steward shall grant
    or race except those prorated expenses incurred on the day of                  or deny a temporary license and transmit the license
    that particular charity racing day or race.                                    application to the Director.
                                                                               2. In considering each application for a license, a steward
                       Historical Note                                             may require the applicant, as well as the applicant’s
        Adopted effective August 5, 1983 (Supp. 83-4).                             endorsers, to appear before the steward and show that the
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-                         applicant is qualified to receive the license requested. The
         105 recodified from R4-27-105 (Supp. 95-1).                               steward shall grant a license only if the applicant meets
R19-2-106.     Licensing                                                           all the requirements in A.R.S. Title 5, Chapter 1, and
A. A person participating in any capacity in a racing meeting,                     these rules.
    including any person who performs services in connection                   3. Licensing time-frame.
    with the conduct of the racing meeting, shall obtain a license                 a. Administrative completeness review time-frame
    from the Department, except:                                                         i. Within 85 days after receiving a license appli-
    1. A person performing services during a county fair race                                  cation, the Department shall determine whether
         meet who is identified by a steward as a volunteer; or                                the license application contains the information
                                                                                               required by subsection (B).


Supp. 06-2                                                           Page 6                                                      June 30, 2006
                                                         Arizona Administrative Code                                          Title 19, Ch. 2
                                                         Arizona Racing Commission

                ii.  If the license application is incomplete, the             4. A license expires on the 30th day of June, 1995, and
                     Department shall issue a written notice that                 every third year thereafter, except that:
                     specifies what information is required and                   a. Apprentice jockey licenses expire as provided in
                     return the license application. If the license                     R19-2-109(D)(2).
                     application is complete, the Department shall                b. One-year licenses issued for mutuel workers, con-
                     provide a written notice of administrative com-                    cession workers, grooms, and peace officers expire
                     pleteness.                                                         each year on June 30.
               iii. The Department shall deem a license applica-             5. When present in the barn area of a horse track, the pad-
                     tion withdrawn if the applicant or licensee fails            dock area, or any other restricted area, a person shall wear
                     to file a complete license application within 10             in full view a photo identification badge issued by the
                     days of being notified that the license applica-             Department or a pass issued by the permittee.
                     tion is incomplete.                                  G. Fees.
         b. Substantive review time-frame: Within five days                                                            1st      2nd        3rd
               after determining that a license application is admin-                                                Year      Year       Year
               istratively complete, the Department shall determine           1. Three-year licenses:
               whether the applicant or licensee meets all substan-              a. New stable name:                $124       $112      $100
               tive requirements and the Director, or designee, shall            b. Owner/trainer, jockey             $75       $50        $25
               issue a written notice granting or denying a license.                 agent, jockey, or
         c. Overall time-frame: For the purpose of A.R.S. § 41-                      apprentice jockey:
               1073, the Department establishes the following                    c. Owner, trainer, assistant         $36       $24        $12
               time-frames for issuing a license:                                    trainer, veterinarian,
               i. Administrative completeness review time-                           authorized agent, offi-
                     frame: 85 days.                                                 cial, lessee, lessor, or
               ii. Substantive review time-frame: five days.                         stable name renewal:
               iii. Overall time-frame: 90 days.
                                                                                 d. Occupational license:             $15       $10         $5
     4. Temporary license. All licenses are temporary for 90 days
         under A.R.S. § 5-108(F). Unless the Director denies a                2. One-year license:                     $7
         license to an applicant, a temporary license automatically           3. Duplicate license:                    $5        $5         $5
         becomes the license after 90 days.                                   4. Temporary claiming license:          $36       $36        $36
     5. The Department shall perform a background investiga-                  5. Authorized agent when                 $5        $5         $5
         tion of an applicant including fingerprint processing                   licensed in another category:
         through the Department of Public Safety and the FBI, and             6. Authorized agent when not            $36       $24        $12
         reviewing records of the Association of Racing Commis-                  licensed in another category:
         sioners International, Inc., North American Pari-mutuel          H. Authorized agents.
         Regulators Association, information systems, courts, law            1. A person may hold a license solely as an authorized agent
         enforcement agencies, and Department within the time-                    or be licensed as an authorized agent and be licensed in
         frame prescribed in subsection (D)(3).                                   another category.
E.   Denials.                                                                2. The principal shall sign the license application on behalf
     1. A license may be denied if the applicant:                                 of an authorized agent and clearly identify the powers of
         a. Has been or is intoxicated or a user of a narcotic                    the agent, including whether the agent is empowered to
               drug as defined at A.R.S. § 36-2501(A)(8) within                   collect money from the permittee. The license application
               the grounds of the permittee; or                                   shall be either notarized or signed in the presence of a
         b. Fails to disclose the true ownership or interest in any               Department employee and a copy filed with the horse-
               horse.                                                             men’s bookkeeper and the Department.
     2. When a license is denied, the Director shall report the              3. To change an agent’s powers or revoke an agent’s author-
         reason for the denial in writing to the applicant and to the             ity, the principal shall describe the changed powers or
         Association of Racing Commissioners International, Inc.                  revoked authority in writing that is either notarized or
         and the North American Pari-mutuel Regulators Associa-                   signed in the presence of a Department official, and filed
         tion.                                                                    with the Department and the horsemen’s bookkeeper.
F.   General requirements and restrictions.
     1. A licensee who is employed in more than one category or                                      Historical Note
         who changes from one category to another shall be                          Adopted effective August 5, 1983 (Supp. 83-4).
         licensed in each category.                                             Amended subsections (G) and (I) effective January 25,
     2. A licensee who is an official at different types of tracks               1985 (Supp. 85-1). Amended subsections (F) and (G)
         (horse, harness, or greyhound) shall be licensed at each              effective December 5, 1985 (Supp. 85-6). Amended sub-
         type of track.                                                         sections (F) and (G) effective February 19, 1987 (Supp.
     3. The Director or designee shall not license a person who is             87-1). Amended subsections (A) and (B) effective Octo-
         less than 16 years of age in any capacity other than as an            ber 23, 1987 (Supp. 87-4). Amended subsections (E), (F)
         owner, and shall not license a person who is less than 18                and (G) effective November 30, 1988 (Supp. 88-4).
         as an official, trainer, or assistant trainer. A person less              Amended effective March 20, 1990 (Supp. 90-1).
         than 18 who is licensed as an owner, shall have a parent               Amended effective January 13, 1995 (Supp. 95-1). R19-
         or guardian sign the owner’s license application, assum-              2-106 recodified from R4-27-106 (Supp. 95-1). Amended
         ing full financial responsibility for the owner, before that          effective January 6, 1998 (Supp. 98-1). Amended by final
         owner is eligible to be licensed.                                       rulemaking at 10 A.A.R. 717, effective April 3, 2004
                                                                               (Supp. 04-1). Amended by final rulemaking at 10 A.A.R.
                                                                                    4483, effective December 4, 2004 (Supp. 04-4).



June 30, 2006                                                        Page 7                                                       Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

R19-2-107.       Stable Names                                            C.   No owner’s license shall be granted to a lessee of any corpora-
A. A licensed owner who wishes to race under a stable name shall              tion referred to in subsection (B) of these rules.
    register the stable name with the Department and pay the fee         D.   A corporation which leases horses for racing purposes in this
    listed in R19-2-106.                                                      state, its stockholders, and its members shall file with the
    1. Only an owner may register or secure a license under a                 Department, upon request, a report containing such informa-
          stable name.                                                        tion as the Department may specify.
    2. A name other than the legal name of an owner is a stable                                 Historical Note
          name.                                                                  Adopted effective August 5, 1983 (Supp. 83-4).
B. When registering a stable name, a licensed owner shall iden-               Amended effective March 20, 1990 (Supp. 90-1). R19-2-
    tify any individual or business entity operating under the stable             108 recodified from R4-27-108 (Supp. 95-1).
    name.
    1. An individual operating under a stable name shall possess         R19-2-109. Jockeys
          and be able to produce the individual’s owner’s license        A. Generally.
          upon request by a racing official.                                 1. A jockey shall pass a physical examination by a physician
    2. An individual operating under a stable name shall sign                    designated by a permittee. An examination is valid for a
          the authorized agent’s application.                                    12-month period. A steward may require that a jockey
    3. A business entity operating under a stable name shall:                    take an additional physical examination if the steward
          a. Register to do business according to the laws of the                reasonably suspects a jockey’s health may endanger him-
               state of Arizona;                                                 self, his mount, or others. A steward may refuse to allow
          b. Submit a list that identifies each stockholder who                  any jockey to ride until the jockey successfully passes
               owns more than 10% of the existing shares, or each                another examination. A steward or a steward’s designee
               partner in a partnership;                                         may require that any jockey provide blood or urine sam-
          c. Notify the Department immediately of any change in                  ples for analysis upon request under A.R.S. § 5-104 (C).
               ownership; and                                                2. A jockey who rides in a race shall report to the jockey
          d. Use the name under which the business entity does                   room at the time posted in the jockey room and shall
               business in Arizona as its stable name.                           remain in the jockey room between races until all engage-
C. If consistent with other laws, a licensed owner may change a                  ments for the day have been fulfilled.
    stable name by registering the new stable name and paying the            3. A jockey shall wear standard jockey attire in official
    applicable fee in R19-2-106.                                                 races.
D. To abandon a registered stable name, a licensed owner shall               4. Only a jockey, an attendant and a racing official are per-
    provide written notice to the Department.                                    mitted in the jockey room.
E. A licensed owner shall select a stable name that is distinguish-          5. A jockey is entitled to a mount fee when the jockey is
    able from other registered stable names.                                     weighed out by the clerk of scales except in the following
F. Upon registration, the Department shall determine whether a                   cases:
    prospective stable name will be:                                             a. The jockey refuses to ride a mount without proper
    1. Misleading to the public, or                                                    cause.
    2. Unbecoming to the sport.                                                  b. A steward replaces a jockey with a substitute jockey,
G. The Department shall not register a stable name that is mis-                        unless the jockey is being replaced because of an
    leading to the public or unbecoming to the sport.                                  injury received after weighing out and before the
H. A licensed owner shall register a separate name for each of the                     start of a race.
    owner’s stables.                                                         6. A jockey named at the draw by lot or by a steward can be
I. A licensed owner operating under a stable name shall pay all                  replaced by an owner or trainer without payment of a
    entry fees for and penalties against the stable.                             mount fee by notifying a steward or the steward’s desig-
J. At the time of entry, a licensed owner shall ensure that the                  nee by 9:00 a.m. the following entry day.
    applicable stable name is furnished for the official program.            7. An owner or trainer shall pay a mount fee to a replaced
                                                                                 jockey equal to the fee of the jockey who rides the race
                         Historical Note
                                                                                 unless:
         Adopted effective August 5, 1983 (Supp. 83-4).
                                                                                 a. An owner or trainer replaces a jockey by notifying a
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                                       steward or the steward’s designee no later than 9:00
     107 recodified from R4-27-107 (Supp. 95-1). Amended
                                                                                       a.m. MST on the day immediately preceding the day
     by final rulemaking at 9 A.A.R. 4919, effective Decem-
                                                                                       of the race. In such a case, an owner shall pay a los-
                    ber 6, 2003 (Supp. 03-4).
                                                                                       ing fee for each jockey the owner replaces in a race.
R19-2-108.      Leases                                                                 The Director may establish an earlier deadline for
A. The lessee of a horse shall file a copy of the leasing arrange-                     jockey changes in consultation with a permittee,
    ment with the Department. The leasing arrangement shall                            steward, jockey, owner, and trainer, or their repre-
    include:                                                                           sentatives at the race meeting. The Director shall not
    1. The name of the horse,                                                          establish a deadline for jockey changes later than
    2. The name and address of the owner-lessor,                                       noon of a race day at any race meeting with an aver-
    3. The name and address of the lessee,                                             age daily handle of $100,000.00 or less; or
    4. The stable name, if any, of each party,                                   b. A replaced jockey or jockey’s agent waives the fee.
    5. The terms of the lease.                                           B. Equipment.
B. No corporation having more than 10 stockholders who are the               1. A bridle that exceeds two pounds in weight shall not be
    registered or beneficial owners of stock or membership in the                used in a race.
    corporation shall lease any horse owned or controlled by it to           2. A jockey shall use a whip in a race at least 1/4 inch in
    any person or partnership for racing purposes.                               diameter but not more than one pound in weight or 29
                                                                                 inches in length including the popper.


Supp. 06-2                                                          Page 8                                                    June 30, 2006
                                                        Arizona Administrative Code                                           Title 19, Ch. 2
                                                        Arizona Racing Commission

     3.  A jockey, apprentice jockey, exercise rider, pony person,                 a.   An apprentice jockey license expires when the
         and any other person mounted on a racing surface shall                         apprentice jockey can no longer claim the weight
         wear a properly fastened helmet.                                               allowances under subsection (b). Upon expiration an
C.   Weight; weighing.                                                                  apprentice jockey shall surrender the apprentice
     1. An owner shall deposit a losing mount fee with a permit-                        jockey license to the Department. If a license expires
         tee before a jockey is weighed out for a race. If an owner                     during the term of the current licensing cycle the
         fails to comply with this subsection, a steward may                            Department shall issue a jockey license at no addi-
         declare the owner’s horse out of the race.                                     tional cost.
     2. A jockey shall weigh out and weigh in for a race without                  b. An apprentice jockey who has not been licensed pre-
         a whip or a bridle.                                                            viously in any country may claim an allowance in all
     3. A jockey’s weight is measured against the jockey’s                              overnight races except handicaps and stakes as fol-
         assigned weight as published in the official race program.                     lows:
     4. A jockey shall not weigh more than one pound less than                          i. Five pounds for one year from the date of the
         the jockey’s assigned weight published in the official pro-                         apprentice jockey’s fifth winner.
         gram.                                                                          ii. If an apprentice jockey has not ridden a total of
     5. A jockey shall declare the amount of overweight at the                               40 winners within one year from the date of the
         time of weighing out.                                                               apprentice jockey’s fifth winner, the Depart-
         a. A jockey shall not ride in a race if more than two                               ment shall allow the jockey to claim the five-
               pounds overweight without the consent of the owner                            pound allowance for three years from the date
               or trainer of the horse the jockey is to ride.                                of the apprentice jockey’s first winner or until
         b. A jockey shall not ride in a race if more than seven                             the apprentice jockey has ridden a total of 40
               pounds overweight without the consent of a steward.                           winners, whichever comes first.
         c. A steward shall not disqualify a horse because of                     c. The calculation of the time for which an apprentice
               any overweight the horse might carry.                                    jockey can claim an allowance shall not include
         d. A permittee shall publicly post any change of weight                        time:
               different from that published in the official program.                   i. In the armed forces; or
     6. Immediately after pulling up, a jockey shall ride to the                        ii. The apprentice jockey is physically incapaci-
         place of weighing in, dismount after obtaining permission                           tated.
         from the official in charge, and wait to be weighed by the               d. An apprentice jockey may ride quarter horses, pro-
         clerk of the scales.                                                           vided that:
     7. A jockey shall not intentionally touch any person or thing                      i. An apprentice jockey shall not claim an appren-
         other than the jockey’s own equipment before weighing                               tice jockey weight allowance in the race; and
         in.                                                                            ii. The Department does not consider a winner in
         a. A jockey shall unsaddle the jockey’s own horse,                                  the race for the purpose of computing the expi-
               unless the jockey has obtained permission from an                             ration of the right to claim an apprentice jockey
               official in charge.                                                           allowance.
         b. An attendant may touch a the horse only by its bridle        E.   Prohibited acts.
               unless the attendant has obtained permission from an           1. A jockey shall not fail or refuse to fulfill an engagement
               official in charge.                                                for a race or for a specified time unless:
         c. A person shall not touch the equipment of a jockey                    a. The race or race card is canceled; or
               who has returned to the winner’s circle to dismount                b. A steward excuses the jockey.
               until the jockey has been weighed in unless the per-           2. A jockey shall not own, either in whole or in part, a horse
               son has obtained permission from the official in                   registered for racing at a track where the jockey is riding.
               charge.                                                        3. A jockey shall not engage in any pari-mutuel wagering
     8. A jockey who is not able to ride to the place of weighing                 transaction except through the owner of and on the horse
         in because of an accident or illness which disables either               that the jockey rides.
         the jockey or the horse shall walk or be assisted to the             4. A jockey attendant, jockey valet, or any licensee
         scales.                                                                  employed inside a jockey room shall not place a bet for
D.   Apprentice jockey.                                                           themselves or for another person during the time that they
     1. Licenses.                                                                 are acting under the authority of their license.
         a. An applicant for an apprentice jockey license shall               5. A jockey shall not ride against a horse trained by the
               provide a certified copy of the applicant’s birth cer-             jockey’s spouse except as part of an entry.
               tificate or other satisfactory evidence of date of
                                                                                                 Historical Note
               birth.
                                                                                  Adopted effective August 5, 1983 (Supp. 83-4).
         b. A steward shall issue an apprentice jockey license if
                                                                              Amended effective March 20, 1990 (Supp. 90-1). R19-2-
               an applicant:
                                                                              109 recodified from R4-27-109 (Supp. 95-1). Amended
               i. Is more than 16 years of age and, if less than
                                                                              by final rulemaking at 5 A.A.R. 812, effective February
                     age 18, a parent or guardian signs the license
                                                                              24, 1999 (Supp. 99-1). Amended by final rulemaking at
                     application assuming full financial responsibil-
                                                                               10 A.A.R. 717, effective April 3, 2004 (Supp. 04-1).
                     ity for the applicant;
               ii. Is approved working a horse out of the gate by        R19-2-110.      Jockey Agents
                     the starter;                                        A. A jockey agent shall be accompanied by the jockey such
               iii. Successfully demonstrates to a steward the               jockey agent will represent when applying for a jockey agent’s
                     ability to gallop or exercise a horse; and              license.
               iv. Has the necessary tack and wearing apparel.           B. A jockey agent shall not contract riding engagements for more
     2. Expiration of license; weight allowance.                             than two jockeys and one apprentice jockey at the same time.


June 30, 2006                                                       Page 9                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

C. Only one fee shall be charged for a jockey agent’s license.            E. Trainers shall file all registration papers with the racing secre-
D. A jockey agent may change a rider with the permission of the              tary within 48 hours of their arrival on the grounds of the per-
   stewards.                                                                 mittee.
E. A jockey agent shall not work in any other capacity at the track       F. Trainers shall ensure that each of their owners has a set of col-
   where such jockey agent is licensed.                                      ors registered in the office of the racing secretary and pos-
F. A jockey agent may enter horses if such jockey agent has the              sessed by the jockey room custodian before a horse is entered
   permission of the horse’s trainer.                                        in a race if track colors are not in use.
G. Riding engagements shall be made only by a jockey or by such           G. Trainers shall pick up all registration papers and colors at the
   jockey’s jockey agent.                                                    close of the meeting.
H. A jockey agent shall not communicate with the jockey such              H. A trainer shall notify the stewards before the transfer of a
   jockey agent represents during racing hours. A jockey agent               horse to or from a trainer during a meeting. The stewards shall
   shall notify the jockey such jockey agent represents of late              approve any transfer.
   riding engagements through the stewards or designated offi-            I. A trainer shall not shoe a horse that is not under the trainer’s
   cial.                                                                     care except by permission of the stewards.
I. A jockey may act as such jockey’s own agent. If such jockey            J. When a trainer is absent from the grounds where the trainer’s
   chooses to do so:                                                         horses are racing, the trainer shall provide a substitute licensed
   1. The jockey shall notify the stewards of such jockey’s                  trainer to be responsible for the horse or horses. If there is a
         intention to represent him- or herself.                             violation of subsection (C) or R19-2-112(16), the stewards
   2. The jockey shall comply with all rules governing jockey                shall determine whether the absent or substitute trainer is
         agents.                                                             responsible. No provision of these rules relieves an absent
   3. The jockey is not required to obtain a jockey agent’s                  trainer of responsibility or limits the absent trainer’s responsi-
         license.                                                            bility under subsection (C). Both the absent and substitute
J. When a jockey or such jockey’s jockey agent wishes to termi-              trainers shall sign a “Trainers’ Responsibility Form” provided
   nate the agent agreement, the jockey and the jockey agent shall           by the Department and be approved by a steward.
   appear together before the stewards to advise them that their          K. A trainer shall not have an ownership interest in a horse unless
   agreement has been terminated.                                            the trainer trains the horse and the horse is located at the track
                                                                             where the trainer trains. For purposes of this rule, a reversion-
                       Historical Note
                                                                             ary interest created by an agreement transferring control of a
        Adopted effective August 5, 1983 (Supp. 83-4).
                                                                             horse is not an ownership interest.
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                          L. A trainer may employ an assistant trainer with the approval of
         110 recodified from R4-27-110 (Supp. 95-1).
                                                                             the stewards. An assistant trainer shall comply with all
R19-2-111.        Trainers                                                   requirements for a trainer prescribed by this Section and shall
A. Trainers shall be obligated to know the provisions of the rules           be responsible for all horses under the assistant trainer’s care.
    governing racing in the state of Arizona.                                                        Historical Note
B. Trainers and their employees shall accept the decisions of the                   Adopted effective August 5, 1983 (Supp. 83-4).
    stewards on all questions to which their authority extends, sub-            Amended subsection (D) paragraph (2) effective Febru-
    ject to the right of appeal to the Department pursuant to R19-2-            ary 7, 1984 (Supp. 84-1). Amended effective March 20,
    123.                                                                       1990 (Supp. 90-1). R19-2-111 recodified from R4-27-111
C. Trainers shall be responsible for the condition of horses under             (Supp. 95-1). Amended by final rulemaking at 10 A.A.R.
    their care and are required to protect such horses from acts of                     717, effective April 3, 2004 (Supp. 04-1).
    other parties.
D. Trainers shall be responsible for determining that each person         R19-2-112.       Prohibited Acts
    employed by them at a licensed track is licensed by the               Generally:
    Department and that the owner of each horse which is to be                1. A licensee shall not enter, or cause or permit to be
    entered by them in any race is licensed by the Department.                     entered, or start a horse a licensee knows or has reason to
    1. Trainers shall refuse to act on behalf of any participant at                believe should be disqualified.
          a licensed track if they have reason to believe, in the exer-       2. A veterinarian or plater, licensed to practice on a track
          cise of reasonable discretion, that such a participant is not            under the jurisdiction of the Department, shall not own,
          licensed by the Department.                                              lease, or train horses racing at the track on which they
    2. A trainer shall not start a horse in any race if the trainer                practice.
          has reason to believe that the owner or owners of the               3. A person shall not participate in an unauthorized race on
          horse are not licensed by the Department before the race.                a track while a racing meeting is in progress.
          A trainer may enter a horse for an unlicensed owner or              4. A person shall not offer or receive money or other consid-
          owners in a race. If there are no horses on the also-eligi-              eration for declaring an entry out of a purse or stakes
          ble list for the race, the owner or owners must be licensed              race.
          at least one hour before post time of the first race of the         5. A person shall not possess, within the grounds of any per-
          day or the trainer shall have the horse scratched. If there              mittee, an electrical, mechanical, or other device, other
          are horses on the also-eligible list, a trainer who entered a            than ordinary equipment, which may be used to affect the
          horse of an owner or owners who remain unlicensed at                     speed or racing condition of a horse. Possession includes,
          the designated scratch time for the race, shall have the                 but is not limited to, possession:
          horse scratched.                                                         a. On the person;
    3. Trainers shall report the existence of the circumstances                    b. In living or sleeping quarters;
          set forth in subsections (D)(1) and (2) of this Section to               c. In an assigned stall, tack room, or other area;
          the stewards.                                                            d. In a motor vehicle or trailer.
                                                                              6. Other than a physician or veterinarian licensed by the
                                                                                   Department, a person shall not possess, within the


Supp. 06-2                                                           Page 10                                                    June 30, 2006
                                                          Arizona Administrative Code                                            Title 19, Ch. 2
                                                          Arizona Racing Commission

          grounds of any permittee, any foreign or prohibited sub-                   b.  The trace level of Oxyphenbutazone shall not
          stance, injectable vial, hypodermic needle, syringe, or                        exceed 5 micrograms per milliliter of plasma of the
          any other instrument which might be used for injection,                        horse.
          without written permission of the stewards. Possession                14. A person shall not participate in the nerving of a horse
          includes, but is not limited, to possession:                              intended to be entered in a race at a track within the state
          a. On the person;                                                         of Arizona.
          b. In living or sleeping quarters;                                        a. Registration papers will not be accepted on nerved
          c. In an assigned stall, tack room, or other area;                             horses.
          d. In a motor vehicle or trailer.                                         b. A person shall not enter a nerved horse in a race.
    7.    A licensee listed in A.R.S. § 5-104(F) shall not apply,                   c. A person shall not race a horse which is desensitized
          inject, inhale, ingest, or use any prohibited substance                        by the application of cold, chemical, or mechanical
          while on permittee grounds, unless, upon the request of a                      freezing devices at the time of arrival at the receiv-
          steward, the licensee can produce evidence that the pos-                       ing barn or saddling paddock.
          session or use of a prohibited substance is legitimized by            15. Test samples
          a lawfully issued prescription.                                           a. Animal testing
    8.    A jockey, apprentice jockey, exercise rider, or pony rider                     i. A steward or Department veterinarian may sub-
          shall not consume intoxicating liquor on a race day, prior                          ject an entry in a race to saliva, urine, blood, or
          to completing riding commitments for the day.                                       other tests for the purpose of finding foreign
    9.    A licensee or race track employee shall not accept, either                          substances.
          directly or indirectly, a bribe, gift, or gratuity in any form                 ii. Persons approved by the Department shall take
          which is intended to or might influence the results of a                            samples of saliva, urine, blood, or other sub-
          race or the conduct of a racing meeting.                                            stances.
    10.   A licensee, while on the premises of the permittee, shall                      iii. A steward may authorize the splitting of any
          not create a disturbance, be intoxicated, interfere with a                          sample.
          racing operation, or act in an abusive or threatening man-                     iv. A Department veterinarian may require blood,
          ner to a racing official or other person.                                           urine, or saliva samples to be stored in a frozen
    11.   Only veterinarians licensed by the Department shall                                 state for future analysis.
          administer to or prescribe for horses on the premises of                       v. The owner, trainer, or their representative may
          any permittee.                                                                      be present at all times during the taking and
          a. A licensed veterinarian shall maintain a written                                 sealing of such tests and samples.
                record of the name, date, and amount of any drugs or                     vi. The owner, trainer, or representatives of either
                treatments prescribed or administered at the track.                           shall sign documents evidencing the procedure.
          b. Notwithstanding the provisions of subsection (11) of                        vii. A person shall not interfere with the collection
                this rule, any veterinarian may treat a horse if an                           or procedures conducted under this rule.
                emergency involving the life or health of such horse                b. Human testing
                exists.                                                                  i. As set forth in A.R.S. § 5-104(C) and R19-2-
    12.   Notwithstanding the provisions of subsection (16) of this                           112(8) and (10), a licensee shall immediately
          Section, a person shall not administer or cause to be                               submit to blood, urine, breath, or other tests
          administered a foreign substance, internally or externally,                         ordered by the stewards, if the stewards have
          to a horse entered in a race, prior to the race on the calen-                       reason to believe the licensee is under the influ-
          dar day in which the horse is to run, except that:                                  ence of or in possession of any prohibited sub-
          a. With permission of the Department veterinarian, a                                stance or has consumed alcohol in violation of
                licensed veterinarian may administer furosemide or                            subsection (8) or (10) of this Section.
                conjugated estrogens on the day of the race to con-                      ii. A licensee shall provide a test sample in the
                trol exercise-induced pulmonary hemorrhage, sub-                              presence of a steward or the steward’s desig-
                ject to the restrictions prescribed in R19-2-                                 nee, submitted in a container furnished by the
                121(P)(5), (6), and (7). The Department veterinarian                          Department and immediately sealed by the
                shall place these horses on the lasix list. The Depart-                       steward or steward’s designee in the presence
                ment veterinarian shall grant permission for place-                           of the licensee being tested.
                ment of a horse on the lasix list if a veterinarian                      iii. The steward or steward’s designee shall mark
                licensed by the Department determines that a horse                            the container with the following items: sample
                suffers from exercise-induced pulmonary hemor-                                identification number; time, date, and location
                rhage or a racing regulatory agency has placed the                            where the sample was given; and the signature
                horse on a bleeders’ list at a track outside of Ari-                          of Department personnel sealing the container.
                zona.                                                                    iv. The steward or steward’s designee shall submit
          b. A person shall not administer furosemide within                                  the container to a Department-approved labora-
                four hours prior to post time of a race in which the                          tory for analysis.
                horse is run.                                                            v. If laboratory analysis indicates the positive
          c. A permittee shall clearly identify horses given furo-                            presence of any prohibited substance or alcohol
                semide on the program or on a list located in areas                           in the tested licensee’s sample, the licensee
                where mutuel tickets are sold.                                                may be subject to license suspension or revoca-
    13.   The Commission has established permissible trace levels                             tion or civil penalties, as set forth in R19-2-
          of the following foreign substances, as defined in R19-2-                           121(E)(3)(f) and A.R.S. § 5-108.05(A).
          102(15).                                                                       vi. Test results and information obtained during
          a. The trace level of Phenylbutazone shall not exceed 5                             the testing process are accessible only to mem-
                micrograms per milliliter of plasma of the horse.                             bers of the Commission, the Director or desig-


June 30, 2006                                                         Page 11                                                        Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

                    nees of the Director, and the tested licensee.           18. The Department may suspend the license of a licensee
                    The Department shall keep the information in a               who refuses to make a payment for financial obligation
                    locked, secured area of the Department office.               incurred in connection with racing in this state.
              vii. The steward’s or designee’s compliance with
                                                                                                 Historical Note
                    these rules constitutes prima facie evidence that
                                                                                  Adopted effective August 5, 1983 (Supp. 83-4).
                    the chain of custody of the test samples is
                                                                             Amended paragraphs (10) and (11) effective June 6, 1986
                    secure. The presiding officer in an administra-
                                                                              (Supp. 86-3). Amended paragraphs (10) and (11) effec-
                    tive proceeding of the Department or Commis-
                                                                               tive August 3, 1987 (Supp. 87-3). Amended effective
                    sion shall admit the results of such tests.
                                                                               November 30, 1988 (Supp. 88-4). Amended effective
    16. The trainer, groom, and any other person charged with the
                                                                             March 20, 1990 (Supp. 90-1). R19-2-112 recodified from
        custody and care of a horse is required to protect and
                                                                             R4-27-112 (Supp. 95-1). Amended effective January 12,
        guard the horse against the administration, either inter-
                                                                                                1996 (Supp. 96-1).
        nally or externally, of any foreign substance. A positive
        test indicating the presence of a foreign substance (except     R19-2-113.       Entries and Subscriptions
        as set forth in subsections (12) and (13) of this Section)      A. Entry.
        creates the presumption of failure to meet the duty                 1. An owner or trainer shall not register a horse for racing
        imposed by this rule.                                                   under these rules unless the horse is registered by the
    17. The owner of a horse disqualified in a race because of an               Jockey Club, American Quarter Horse Association, Ara-
        infraction of these rules shall forfeit and return the purse            bian Horse Club Registry of America, Inc., Appaloosa
        or stakes, the trophy received from the race, and the entry             Horse Club Inc., American Paint Horse Association,
        or subscription money.                                                  American Donkey and Mule Society, or American Mule
        a. The stewards shall distribute winnings forfeited pur-                Association.
              suant to this subsection among the remaining enti-            2. An owner or trainer shall list each person with an owner-
              tled entries in the race.                                         ship interest in a horse on the back of the horse’s registra-
        b. The stewards shall disqualify and may declare a                      tion papers.
              horse unplaced for every purpose except pari-mutuel           3. An owner, trainer, or their authorized agent may enter a
              wagering if the chemical analysis performed pursu-                horse in person, by telephone, by telegram, or in writing.
              ant to subsection (15)(a) of this Section indicates the       4. The stewards shall consider a horse entered for a purse a
              presence of a foreign substance classified as Class 1             “starting horse” unless they declare the horse out of the
              or Class 2 under the Association of Racing Commis-                race.
              sioners International, Inc., February 14, 1995, Uni-          5. A person nominating a horse in a stakes race shall write
              form Classification Guidelines for Foreign                        the person’s full name, mailing address, and telephone
              Substances incorporated by reference, on file with                number on the nomination form.
              the Office of the Secretary of State, and not includ-         6. A person shall not enter a horse in more than one race in
              ing any later amendments or editions.                             one day.
        c. The stewards may disqualify and declare a horse                  7. An owner shall not transfer a horse to a new trainer after
              unplaced for every purpose except pari-mutuel                     entry.
              wagering if the chemical analysis performed pursu-            8. An owner shall not enter a horse if the horse’s perfor-
              ant to subsection (15)(a) of this Section indicates the           mance records for the preceding calendar year are not
              presence of a foreign substance classified as Class 3,            printed in the Daily Racing Form Monthly Chart Book,
              Class 4, or Class 5 under the Association of Racing               unless the owner provides the horse’s performance
              Commissioners International, Inc., February 14,                   records to the racing secretary prior to entry.
              1995, Uniform Classification Guidelines for Foreign           9. An owner or trainer shall sign and certify a horse’s per-
              Substances incorporated by reference, on file with                formance record and shall include the following informa-
              the Office of the Secretary of State, and not includ-             tion for the horse’s last four races in the record;
              ing any later amendments or editions.                             a. Where and when the horse raced;
        d. The stewards may disqualify and declare a horse                      b. The distance, the weight carried, and the amount
              unplaced for every purpose except pari-mutuel                           earned.
              wagering if the chemical analysis performed pursu-                c. The finishing position and time of the race.
              ant to subsection (15)(a) of this Section shows that a        10. The second half of an entry has no preference over a sin-
              horse on the lasix list raced without the medication              gle entry except in stakes, handicaps, and qualifying
              described in subsection (12) of this Section, or that             races.
              the plasma of the horse contained trace levels of             11. An owner entering two or more horses in a race shall
              medication in excess of the level permitted by sub-               indicate the owner’s preference for the horse that is to
              section (13) of this Section.                                     start if the race overfills. A horse excluded because a race
        e. The Department veterinarian shall review all reports                 overfills receives no consideration.
              indicating the presence of a foreign substance and            12. Two or more horses that are entered in a race may be
              consult with the stewards prior to the initiation of              uncoupled for wagering purposes in stakes, handicaps,
              disciplinary action. When a report indicates the pres-            futurities, and maturities if approved by the stewards and:
              ence of a substance classified as Class 3, Class 4, or            a. Both horses are owned, in whole or in part, by the
              Class 5, the Department veterinarian’s review shall                     same person; or
              specifically address trace-level detection to prevent             b. Both horses are trained by a trainer who owns an
              the initiation of disciplinary action based upon phar-                  interest in one of the horses.
              macologically insignificant traces of a substance.            13. In a race in which spouses who are both licensed trainers
                                                                                have entered horses, the trainers are not required to list an



Supp. 06-2                                                         Page 12                                                    June 30, 2006
                                                        Arizona Administrative Code                                             Title 19, Ch. 2
                                                        Arizona Racing Commission

        overfill preference unless there is common ownership of               17. A person shall not alter an entry after the closing of
        the horses entered.                                                        entries. The racing secretary may correct an error in an
    14. The racing secretary shall decide whether to use an “also-                 entry at any time.
        eligible” list for any meeting.                                       18. If the name of a horse is changed, the racing secretary
        a. The racing secretary shall determine the number of                      shall publish the new name and the former name in the
              “also-eligibles” if the entries of a race exceed the                 official entries for the horse’s first three starts after the
              capacity of the starting gate.                                       name change. If the name of an Arizona-bred horse is
        b. If the number of entries to a race exceeds the number                   changed, the racing secretary shall report it to the Depart-
              of horses permitted to start, the racing secretary shall             ment in writing within 30 days, listing the new name and
              determine the starters by lot in a drawing supervised                the former name.
              by a steward and witnessed by those making entries.        B.   Conditions for entry.
              If any of the starters declare out, the racing secretary        1. A person shall not enter a horse in a race unless its certif-
              shall draw, by lot from the “also-eligible” list, the                icate of foal registration, certificate of foreign registra-
              number of horses needed to fill the vacancies in the                 tion, or racing permit is on file in the racing office of the
              race.                                                                track at which the horse is to race, or unless permission is
        c. The racing secretary shall assign horses, other than                    granted by the stewards. Foal certificates, which are reg-
              quarter horses, that gain a position in a race from the              istered with the racing secretary and are in transit
              “also-eligible” list, to the outside post positions in               between that office and the American Quarter Horse
              the order in which they are drawn from the list. The                 Association because of a transfer of ownership, are con-
              racing secretary shall assign a quarter horse to the                 sidered to be in the possession of the racing secretary.
              stall of a horse that is declared out.                          2. A horse that has reached its 14th birthday is ineligible to
        d. If a horse on the “also-eligible” list does not start                   race in Arizona.
              because of insufficient declarations, the racing sec-           3. The stewards shall not permit a horse to run for a purse or
              retary shall place the horse on the preferred list. The              stakes unless it is entered in a race and is eligible for the
              racing secretary shall not place a horse on the pre-                 race.
              ferred list if the owner does not accept the opportu-           4. The stewards may summon a person in whose name a
              nity to start the horse.                                             horse is entered to produce proof that the horse entered is
        e. A horse whose owner, trainer, or authorized agent                       not the property, either in whole or in part, of a person
              has drawn its position in a race and entered it again                who is disqualified, or to produce proof of the extent of a
              for the next race day is called an “in today horse.”                 person’s interest in the horse. Failure to produce satisfac-
              i. If a race in which a horse is entered overfills,                  tory proof shall result in the stewards declaring the horse
                    the racing secretary shall not consider the “in                out of the race if the stewards determine that it is neces-
                    today horse” except in cases where the condi-                  sary to protect the public peace, safety, or welfare.
                    tions read “Arizona Breds Preferred,” stakes,             5. A horse is not qualified for entry if it is on the stewards’,
                    and handicaps.                                                 paddock judge’s, starter’s, or veterinarian’s list, or if it
              ii. The racing secretary shall not consider a horse                  has been ruled off.
                    on the “also-eligible” list as an “in today horse”        6. The racing secretary shall consider the performance
                    until it has been given a position in a race or an             record of a horse racing on the county fair circuit to deter-
                    opportunity to run.                                            mine its eligibility at a commercial meet. A county fair
        f. At tracks where entries are taken two or more days                      racing secretary shall place a county fair win on the back
              ahead of the date of the race, an owner, trainer, or                 of the foal certficate.
              authorized agent may re-enter a horse on the next               7. The owner, trainer, or authorized agent shall ensure that a
              date if it has been placed on the “also-eligible” list.              horse that has not started within 45 days has one official
              If it is drawn into a race from its position on the                  workout before starting at a commercial meet.
              “also-eligible” list, the horse shall be declared an “in   C.   Starts.
              today horse” and be withdrawn from the race the fol-            1. A person shall not start a horse in a race unless it is fully
              lowing day in favor of a horse on the “also-eligible”                identified and tattooed, or otherwise authorized by the
              list of that race.                                                   stewards. A person who participates in any manner in
    15. A person shall make a claim of preference at the time of                   establishing the identity of a horse, including the breeder,
        entry by noting it on the entry blank or the preference will               owner, trainer, and identifier, is responsible for the accu-
        be lost.                                                                   racy of the information the person provides.
        a. When a horse has been entered in a race, a person                  2. An owner, trainer, or authorized agent shall not start a
              shall withdraw a horse only with permission of the                   horse in a race until all stakes, forfeits, entry fees, and
              stewards.                                                            arrears due on the horse have been paid.
        b. The racing secretary shall post a copy of the pre-                 3. The racing secretary shall not permit a horse to start in a
              ferred list each afternoon, and any person making a                  stakes race unless it has passed the entry box on the day
              claim of error shall do so by 10:00 a.m. of the fol-                 on which entries for the stakes race are taken.
              lowing day. The stewards shall not recognize a claim            4. An owner, trainer, or authorized agent shall not start a
              of error made after this time.                                       horse in a race unless all persons having an ownership
    16. If an owner or trainer does not declare a horse from the                   interest in the horse or an interest in the winnings of the
        “also-eligible” list by the prescribed time, the racing sec-               horse have registered with the racing secretary.
        retary shall consider the owner or trainer willing to start           5. The racing secretary shall post the saddle-cloth numbers
        the horse if another horse is scratched from the race. The                 of the horses in a race after overnight entries are closed
        racing secretary shall not place a horse on the preferred                  and post positions are drawn. If a horse with an assigned
        list if the owner does not accept the opportunity to start                 saddle-cloth number does not start or run the course, the
        the horse.


June 30, 2006                                                       Page 13                                                         Supp. 06-2
Title 19, Ch. 2                                             Arizona Administrative Code
                                                            Arizona Racing Commission

          stewards may require an explanation from the owner,                   racing statistical publications. Responsibility for weight car-
          trainer, or jockey.                                                   ried and for eligibility shall remain with the owner and trainer.
D.   Fees.                                                                   B. Penalties and allowances shall not be cumulative unless so
     1. The entrance to a purse race is free unless otherwise stip-             declared by the conditions of the race. They shall take effect at
          ulated in the conditions of the race. If the conditions               the time of starting; provided, however, that in overnight
          require an entrance fee, the fee is paid at the time of entry.        events a horse shall have only the allowance to which it was
     2. The person entering a horse is liable for nominating, sus-              entitled at the time of entry.
          taining, and starting fees. The subscriber or subscriber’s         C. Penalties shall be obligatory. Allowances shall be optional in
          transferee are not entitled to a refund in the event of horse         whole or in part. In overnight events, allowances must be
          death, withdrawal, or mistake in a horse’s entry if the               claimed at the time of entry.
          horse is eligible, except as provided in subsection (D)(3).        D. Failure to claim a weight allowance by overnight omission
     3. The permittee shall not refund entrance money for a purse               shall not be a cause for disqualification. A claim of weight
          race that is run if a horse fails to start or dies unless other-      allowance to which a horse is not entitled shall not be a cause
          wise provided in the conditions of the race.                          for disqualification unless such incorrect weight is carried in
     4. The permittee shall distribute the entrance money, start-               the race. However, a fine may be imposed upon the person
          ing, and subscription fees, as provided in the conditions             claiming allowance to which such person’s horse is not enti-
          of the race. If a race is not run, the permittee shall refund         tled.
          all stakes or entrance money.                                      E. A horse shall not receive an allowance of weight or be relieved
     5. The death of a nominator or subscriber does not void an                 from extra weight as a result of having lost one or more races.
          entry, subscription, or right of entry.                               This rule does not prohibit a maiden allowance or an allow-
     6. A person shall not transfer a horse to an owner or trainer              ance to a horse that has not won a race within a specified
          to avoid disqualification. The person making or receiving             period or a race of a specified value.
          such a transfer may be fined and suspended.                        F. No horse shall incur a weight penalty for a placement from
E.   Closing.                                                                   which it is disqualified, but a horse placed through disqualifi-
     1. The racing secretary shall close the entries for purse races            cation of another horse shall incur the weight penalties of that
          at the time advertised in the condition book and shall not            placement. No such placement shall make a horse ineligible
          receive an entry after that time. If a race fails to fill, addi-      for a race which has already been run.
          tional time may be granted by the stewards.                        G. When a race is in dispute, both the horse that finished first and
     2. In the absence of notice to the contrary by the permittee,              any horse claiming the race shall be liable to all penalties
          nominations for stakes which close during or on the eve               attaching to the winner of that race until the matter is decided.
          of a racing meeting close at the office of the racing secre-       H. Horses which have started for a claiming price in optional or
          tary at the published time.                                           combination races shall be considered to have started in a
     3. The racing secretary shall not receive entries and declara-             claiming race.
          tions for stakes after the designated closing time.                I. Races written to be run under “scale weights” or “weights for
     4. The racing secretary shall not accept an entry after a race             age” shall be run under the scale approved by the Department.
          has been drawn even though the number of horses on the             J. In races of intermediate length, the weights for the shorter dis-
          “also-eligible” list is insufficient to provide a full field.         tances shall be carried.
     5. The racing secretary shall consider a horse, withdrawn               K. In all races except handicap races and races in which condi-
          from a race after the overnight entries are closed, a                 tions expressly provide otherwise:
          scratch. The scratched horse loses all of its accrued pref-           1. Two-year-old fillies are allowed three pounds.
          erences up to that date unless it is excused by the stew-             2. Fillies and mares 3 years old and older are allowed five
          ards.                                                                       pounds before the first of September and three pounds
F.   Declarations.                                                                    thereafter.
     1. An owner, trainer, or authorized agent shall declare a                  3. The provisions of subsections (K)(1) and (2) of this Sec-
          horse from a stakes, handicap, or qualifying race in writ-                  tion shall not apply to quarter horse fillies and mares.
          ing no later than one hour prior to post time of the race.         L. The racing secretary may write races either above or below the
     2. The racing secretary shall not give preference to a horse               scale, in the racing secretary’s discretion; provided that:
          which is declared from the “also-eligible” list of a race             1. Not more than 10 pounds shall be deducted from the scale
          for having entered in that race. The horse may retain the                   of weights for age with the exception of allowances in
          position it previously held on the preferred list if a full                 overnight races.
          field is left in the race at scratch time.                            2. The total allowances of any type shall not reduce the low-
                                                                                      est weights below 100 pounds in any race.
                          Historical Note
                                                                                3. The provisions of subsection (L)(1) of this Section shall
     Adopted effective August 5, 1983 (Supp. 83-4). Amended
                                                                                      not apply to handicap races.
      effective March 20, 1990 (Supp. 90-1). Age reference to
                                                                                4. The provisions of subsection (L)(2) of this Section shall
     “16th birthday” in subsection (B)(2) corrected to read “6th
                                                                                      not apply to 2-year-olds racing with older horses.
      birthday” (Supp. 93-1). R19-2-113 recodified from R4-
                                                                             M. Starter allowance eligibility conditions.
       27-113 (Supp. 95-1). Amended effective April 7, 1995
                                                                                1. A horse shall have started in a claiming race, or in an
      (Supp. 95-2). Amended effective March 7, 1996 (Supp.
                                                                                      optional claiming race to be claimed, in order to establish
       96-1). Amended by final rulemaking at 10 A.A.R. 717,
                                                                                      eligibility in a starter allowance race.
                effective April 3, 2004 (Supp. 04-1).
                                                                                2. In addition to the provisions of subsection (M)(1) of this
R19-2-114.       Penalties and Allowances                                             Section, to be eligible for a starter allowance a horse
A. Eligibility, penalties, and allowances of weight for all races                     shall:
    shall be determined after consideration of the reports, records,                  a. Have started for the claiming price designated in the
    and statistics published by the Daily Racing Form and by other                         conditions of the race or have started for a price less
                                                                                           than that claiming race.


Supp. 06-2                                                              Page 14                                                    June 30, 2006
                                                         Arizona Administrative Code                                             Title 19, Ch. 2
                                                         Arizona Racing Commission

          b.    Not have won for a price higher than that designated                      rent employment or other indication of financial
                in the conditions of the race since last starting for                     responsibility. In addition, an applicant with previ-
                that price or for less than that price.                                   ous pari-mutuel racing participation shall submit
          c. Not have won a race other than a claiming race since                         documentation that the applicant is in no way dis-
                last starting for the claiming price designated in the                    qualified in this or any other jurisdiction.
                conditions of the race or for less than that price.                 b. Upon determination that an applicant has met all
     3.   A horse claimed in a claiming race must subsequently                            requirements for an owner’s license, except the
          start for a claiming price to establish new eligibility for a                   requirement of horse ownership, claiming authoriza-
          starter allowance race.                                                         tion may be granted and claiming credentials may be
     4.   Eligibility for a starter allowance race remains unchanged                      issued.
          following a private sale.                                                 c. Upon the successful claim of a horse, the owner’s
                                                                                          license shall be issued.
                        Historical Note
                                                                          B.   A person applying for authorization pursuant to this rule shall
         Adopted effective August 5, 1983 (Supp. 83-4).
                                                                               submit written acknowledgment that a licensed trainer shall
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                               assume care and responsibility for any horse claimed.
     114 recodified from R4-27-114 (Supp. 95-1). Amended
                                                                          C.   A person who claims a horse through authorization obtained
     by final rulemaking at 10 A.A.R. 717, effective April 3,
                                                                               under this rule shall start the claimed horse back pursuant to
                       2004 (Supp. 04-1).
                                                                               R19-2-115 through R19-2-115.10 before claiming again in his
R19-2-115.       Claiming Races: Eligibility for Claiming                      or her own name or in partnership.
In claiming races, any horse is subject to a claim for its entered        D.   Claiming authorization obtained pursuant to this rule shall be
price by any licensed owner of a horse duly registered for racing at           valid for six months or until the authorized person successfully
the track, such owner’s licensed authorized agent, or the holder of a          claims a horse, which occurs first.
claiming authorization issued by the stewards.                                                      Historical Note
                        Historical Note                                            Section R4-27-115.02 renumbered from R4-27-
         Adopted effective August 5, 1983 (Supp. 83-4).                         115(A)(6)(a), (b), and (d), (C)(3), (4), (6)(c)(i) and (ii),
       Amended subsection (A) effective December 5, 1985                         (10)(a) and (12) and amended effective September 8,
     (Supp. 85-6). Amended effective March 20, 1990 (Supp.                     1992 (Supp. 92-3). R19-2-115.02 recodified from R4-27-
     90-1). Former Section R4-27-115 renumbered to R4-27-                                        115.02 (Supp. 95-1).
      115, R4-27-115.02 through R4-27-115.07, and R4-27-                  R19-2-115.03. Claiming Races: Claiming Restrictions
     115.09; new Section R4-27-115 renumbered from R4-27-
                                                                          A. An authorized agent, although representing more than one
       115(A)(1) through (5) and (B) and amended effective
                                                                              owner, may not submit more than one claim in any one race, or
      September 8, 1992 (Supp. 92-3). R19-2-115 recodified
                                                                              claim a horse for himself or herself in the capacity of agent.
                  from R4-27-115 (Supp. 95-1).
                                                                          B. When a stable consists of horses owned by more than one per-
R19-2-115.01. Claiming Races: Duration of Race Meetings                       son and trained by the same trainer, not more than one claim
For purposes of R19-2-115 through R19-2-115.10:                               may be entered on behalf of the stable in any one race.
     1. A commercial meeting includes county fair dates which             C. The stewards, at their discretion, may require any person mak-
         may be run at the commercial track before, during, or                ing a claim for a horse to provide written affidavit that he or
         after the commercial meeting.                                        she is claiming the horse for his or her own account, or as
     2. A county fair meeting includes the entire county fair cir-            authorized agent, and not for any other person.
         cuit, spring and fall.                                           D. A person shall not offer to enter into an agreement to claim or
                                                                              not to claim, or attempt to prevent another person from claim-
                        Historical Note                                       ing, any horse in a claiming race. A person shall not attempt to
     Adopted effective September 8, 1992 (Supp. 92-3). R19-                   prevent anyone from running a horse in any race. Owners or
      2-115.01 recodified from R4-27-115.01 (Supp. 95-1).                     trainers running horses in any claiming race shall not make
R19-2-115.02. Claiming Races: Steward Claiming Authoriza-                     any agreement for the protection of each other’s horses.
tion                                                                      E. A person may not enter, or allow to be entered, in a claiming
A. The following persons may apply to the stewards for claiming               race a horse against which any lien is held, unless, when or
     authorization:                                                           before entering the horse, the written consent of the holder of
     1. A licensed owner whose last horse has been lost by claim,             the lien is filed with the clerk or the course or racing secretary.
          death, or career-ending injury during a commercial or           F. A person may not claim an ownership interest in a horse after
          county fair meeting.                                                the horse has run in a claiming race in the name of another per-
     2. A person licensed in partnership or other form of multiple            son who, at the time of the race, had peaceable and undisputed
          ownership wanting to claim a horse in sole ownership, or            possession of the horse.
          currently licensed persons wanting to join in a multiple        G. A person may not claim his own horse, or cause his own horse
          ownership venture. A licensed owner may not be a party              to be claimed, directly or indirectly, for his account.
          to more than one stable name or use his or her legal name       H. An owner shall not claim any horse in the care and custody of
          for racing purposes if already registered in a stable name.         the owner’s trainer.
     3. A licensed owner whose horse is not participating at an                                     Historical Note
          Arizona track during the current Arizona licensing cycle.                Section R4-27-115.03 renumbered from R4-27-
     4. A person making application for an owner’s license who                 115(C)(1), (7) and (8), (F)(1), (2), and (3), (G)(1) and (2),
          intends to obtain his or her first horse through claiming.            (L), (M), and (N) and amended effective September 8,
          a. At least seven days prior to entering a claim, the                1992 (Supp. 92-3). R19-2-115.03 recodified from R4-27-
                applicant shall submit to the Department a com-                                  115.03 (Supp. 95-1).
                pleted owner’s license application and fingerprint
                card, the owner’s license fee, and evidence of cur-


June 30, 2006                                                        Page 15                                                         Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

R19-2-115.04. Claiming Races: Delivery of Claimed Horse                  R19-2-115.07. Claiming Races: Claiming Price and Determi-
A. Any horse claimed shall, after the running of the race, be            nation of Winner of Claim
    delivered to the claimant. The claimant shall present written        The claiming price of each horse in a claiming race shall be printed
    authorization from the stewards or their representative to the       on the program, and all claims for the horse shall be for the amount
    owner of the horse.                                                  so designated. If more than one claim is filed for the same horse, the
B. Claimed horses which are sent to the detention area for post-         disposition of the horse shall be determined by lots under the direc-
    race testing shall be delivered at the detention area. All other     tion and supervision of one or more of the stewards or their desig-
    claimed horses shall be delivered pursuant to directions from        nee.
    the stewards on a meet-by-meet basis.
C. The claimant of a horse not known to be designated for testing                                Historical Note
    may require such procedure, provided that physical delivery of            Section R4-27-115.07 renumbered from R4-27-115(C)(9)
    the claimed horse has not occurred and that the claimant shall            and (D) and amended effective September 8, 1992 (Supp.
    pay testing costs. The original trainer shall maintain responsi-             92-3). R19-2-115.07 recodified from R4-27-115.07
    bility for the condition of the horse.                                                         (Supp. 95-1).
D. No person shall refuse to deliver a claimed horse.                    R19-2-115.08. Claiming Races: Responsibility for Determin-
                           Historical Note                               ing Sex of Horse
      Section R4-27-115.04 renumbered from R4-27-115(H),                 Notwithstanding any designation of sex appearing on the racing
       (H)(1), (2), (3) and (4), and (I) and amended effective           program or in any racing publication, the claimant of a horse shall
     September 8, 1992 (Supp. 92-3). R19-2-115.04 recodified             be solely responsible for determining the sex of the horse claimed.
                   from R4-2-115.04 (Supp. 95-1).                                                 Historical Note
R19-2-115.05. Claiming Races: Irrevocability of Claim                          Section R4-27-115.08 adopted effective September 8,
Claimants shall not revoke their claims. Title to a claimed horse             1992 (Supp. 92-3). R19-2-115.08 recodified from R4-27-
shall be vested in the successful claimant from the time the horse                             115.08 (Supp. 95-1).
becomes a starting horse, and such claimant shall become the             R19-2-115.09. Claiming Races: Claiming Procedures
owner of the horse whether the horse is dead, unsound, or injured        A. All claims shall be made in writing on a form provided by the
during or after the race. For purposes of the race in which a horse is       permittee. The form shall be properly completed, signed and
claimed, the claimed horse shall run in the interest of and for the          enclosed in an envelope also provided by the permittee. The
account of the owner for whom claimed.                                       envelope shall have no identification marking other than the
                        Historical Note                                      number of the race for which the claim is being made, and the
         Section R4-27-115.05 renumbered from R4-27-                         day, month and year of the race. The envelope shall be sealed
     115(C)(10) and (11) and (E) and amended effective Sep-                  and deposited in a time-locked claim box provided for this
      tember 8, 1992 (Supp. 92-3). R19-2-115.05 recodified                   purpose by the permittee. Money shall not accompany the
                from R4-27-115.05 (Supp. 95-1).                              claim.
                                                                         B. All claims shall be deposited in the claim box at least 10 min-
R19-2-115.06. Claiming Races: Claimed Horse Racing and                       utes before post time of the race on which the claim is made.
Ownership Restrictions                                                   C. The stewards or their designee shall open the claim envelopes
A. If a horse is claimed:                                                    for each race when the horses for the race enter the track on the
    1. It may not be sold or transferred to anyone wholly or in              way from paddock to post. The stewards or their designee
          part, except in a claiming race, for a period of 30 days           shall ascertain from the horsemen’s bookkeeper whether the
          from the date of claim.                                            proper credit balance has been established with the permittee.
    2. Unless reclaimed, the horse may not be returned to the
          same stable or under control or management of its former                                  Historical Note
          owner or trainer for a period of 30 days from the day of             Section R4-27-115.09 renumbered from R4-27-115(C),
          claim.                                                               (C)(2), (5), and (6) and amended effective September 8,
    3. The horse may not race outside Arizona until the meeting               1992 (Supp. 92-3). R19-2-115.09 recodified from R4-27-
          at which it was claimed has closed or for a period of 60                                115.09 (Supp. 95-1).
          days from the day of the claim, whichever is less, except      R19-2-115.10. Claiming Races: Disciplinary Action
          to fulfill a stakes engagement transferring automatically      A person violating any of the provisions of R19-2-115 through
          to the new owner, or when the horse is entered and starts      R19-2-115.09 shall be subject to discipline by the board of stew-
          for a claiming price which would cause the horse to            ards, pursuant to Section R19-2-121(E).
          become ineligible to be reentered at the track where
          claimed.                                                                                Historical Note
B. All horses claimed in other states and racing here shall be sub-            Section R4-27-115.10 adopted effective September 8,
    ject to the conditions of the claiming restrictions in the state          1992 (Supp. 92-3). R19-2-115.10 recodified from R4-27-
    where the claim was made.                                                                  115.10 (Supp. 95-1).

                           Historical Note                               R19-2-116.      Arizona Bred Eligibility and Breeders’ Award
     Section R4-27-115.06 renumbered from R4-27-115(J)(1),               Payments
      (2), (3), and (4) and (K) and amended effective Septem-            A. A breeder shall file a notarized certificate affirming eligibility
      ber 8, 1992 (Supp. 92-3). Amended effective December                   under A.R.S. § 5-113(F), with the Department. The certificate
     17, 1993 (Supp. 93-4). R19-2-115.06 recodified from R4-                 shall include name, color, and sex of the foal; name of the sire;
     27-115.06 (Supp. 95-1). Amended by final rulemaking at                  name of the dam; date and location of foaling; The Jockey
        10 A.A.R. 717, effective April 3, 2004 (Supp. 04-1).                 Club registration number or American Quarter Horse Associa-
                                                                             tion number; name, address, and telephone number of the
                                                                             breeder; a statement that the animal is eligible pursuant to



Supp. 06-2                                                          Page 16                                                     June 30, 2006
                                                         Arizona Administrative Code                                             Title 19, Ch. 2
                                                         Arizona Racing Commission

     A.R.S. § 5-113(F), and that the person shown as the breeder                    d.    The Department shall make quarterly breeders’
     was the owner of the dam at the time of foaling; and such other                      awards not later than 30 days after the end of each
     information as may be required by the Department to deter-                           quarter, unless full quarterly breeders’ awards can-
     mine eligibility and shall be signed by the breeder. The breeder                     not be made due to the lack of available money in
     shall submit a copy of The Jockey Club registration papers                           the fund.
     with certificates for thoroughbreds.                                      4.   Substitute Breeders’ Awards. The Department shall make
     1. Certification is deemed to occur upon the Department’s                      substitute breeders’ awards if there are sufficient monies
           receipt of the completed certificate.                                    in the fund to allow for an award but not enough monies
     2. The horse shall be certified by the Department at the time                  to provide for full payments of quarterly breeders’ awards
           of the win to be eligible for an award.                                  based on the quarterly breeders’ award payment factor.
B.   A permittee shall recognize any horse for which there is an                    a. The Department shall determine the substitute pay-
     Arizona Bred Certificate on file with the Department or an                           ment factor by dividing the total amount of monies
     association contractor as an Arizona bred horse.                                     in the Arizona breeders’ award fund at the end of the
C.   For races that offer a guaranteed purse value of $50,000 or                          quarter less the amount required to be set aside for
     less, the Department shall make an award based on the total                          contingent liabilities in subsection (D)(8) by the
     amount earned by the winner, including nominating, sustain-                          total amount of purses won by eligible Arizona-bred
     ing, and starting fees. For races that offer a guaranteed purse                      animals during that quarter.
     value of more than $50,000, the Department shall not include                   b. The Department shall calculate substitute breeders’
     nominating, sustaining, or starting fees when calculating an                         awards by multiplying the amount of each purse
     award.                                                                               won by an eligible animal during that quarter by the
D.   The Department shall calculate and pay breeders’ awards to                           substitute payment factor for that quarter.
     eligible breeders.                                                        5.   End-of-year bonus pool. After payment of all quarterly
     1. Definitions                                                                 breeders’ awards and any substitute breeders’ awards has
           a. “Quarterly Breeders’ Award” means an amount of                        been calculated, the Department shall determine the
                money based on the quarterly breeders’ award pay-                   amount of monies remaining in the fund. The end-of-
                ment factor determined by the Department each fis-                  year-bonus pool is the amount of monies remaining in the
                cal year by October 30.                                             Arizona breeders’ award fund after the payment of all
           b. “Substitute Breeders’ Award” means an amount of                       quarterly breeders’ awards for the fiscal year less the
                money based on a substitute payment factor because                  amount required to be set aside for contingent liabilities
                of the lack of sufficient money to pay conventional                 in subsection (D)(8).
                Quarterly Breeders’ Awards.                                    6.   Supplemental Breeders Awards. The Department shall
           c. “Supplemental Breeders’ Award” means an amount                        first pay any monies in the end-of-year bonus pool in the
                of money that corrects a shortfall between conven-                  form of supplemental breeders awards to recipients of
                tional Quarterly Breeders’ Awards and Substitute                    substitute breeders’ awards.
                Breeders’ Awards.                                                   a. The Department shall pay supplemental breeders’
           d. “End-of-year Bonus Award” means an amount of                                awards in an amount equal to the difference between
                money that may be paid to breeders from available                         the substitute breeders’ award and the quarterly
                monies that remain in the breeders’ award fund after                      breeders’ award the breeder would have received if
                payment of Quarterly Breeders’ Awards, Substitute                         there had been enough in the fund to pay an award
                Breeders’ Awards and Supplemental Breeders’                               based on the quarterly award payment factor.
                Awards.                                                             b. In the event the end-of-year bonus pool cannot pay
     2. The Department shall pay awards at the end of each fiscal                         supplemental breeders’ awards to make up for the
           year quarter, provided that the total amount of the awards                     shortfall to all substitute breeders’ award recipients,
           payments does not exceed the total amount of money                             the Department shall pay supplemental breeders’
           available in the fund less the amount required to be set                       awards to all breeders eligible to receive a supple-
           aside for contingent liabilities in subsection (D)(8).                         mental breeders’ award on a pro-rata basis.
     3. Quarterly Breeders’ Awards. Before October 30 of each                       c. A breeder is eligible to receive a supplemental
           year, the Department shall determine a quarterly breed-                        breeders’ award from the end-of-year bonus pool
           ers’ award payment factor that will be applied during the                      only if the breeder received a substitute breeders’
           entire fiscal year. The payment factor determined by the                       award during that fiscal year.
           Department is not subject to appeal.                                     d. The Department shall not make supplemental breed-
           a. The Department shall evaluate anticipated revenues                          ers’ awards if all eligible breeders received quarterly
                for the breeders’ award fund and anticipated purses                       breeders’ awards during the fiscal year.
                for eligible Arizona-bred animals and set the pay-             7.   End-of-year Bonus Awards. The Department shall pay
                ment factor at a level that permits recipients of quar-             end-of-year bonus awards if monies remain in the end-of-
                terly breeders’ awards to receive awards throughout                 year bonus pool following any supplemental payments.
                the fiscal year based on the same payment factor.                   a. The Department shall determine an end-of-year
           b. The Department shall notify representatives of each                         bonus payment factor by dividing the monies in the
                breeders’ association of the quarterly breeders’                          end-of-year bonus pool by the total amount of purses
                award payment factor in writing before October 30                         won by an eligible animal during the fiscal year.
                of each year.                                                       b. The Department shall calculate end-of-year bonus
           c. The Department shall calculate quarterly breeders’                          awards by multiplying the amount of each purse
                awards by multiplying the amount of each purse                            won by an eligible animal by the bonus payment fac-
                won by an eligible animal during that quarter by the                      tor.
                quarterly breeders’ award payment factor estab-
                lished for the fiscal year.


June 30, 2006                                                        Page 17                                                         Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

     8.   Contingent liabilities. The Department shall retain               2.  Any objection to a horse that has run in a race on the
          $10,000 in the Breeders’ Award fund for contingent lia-               grounds that it was not trained by a licensed trainer, or
          bilities.                                                             ridden by a licensed jockey, or that the names of all those
     9. The Department shall not make quarterly breeders’                       having ownership in it or an interest in its winnings have
          awards, substitute breeders’ awards, supplemental breed-              not been registered with the secretary shall be made not
          ers’ awards or end-of-year bonus breeders’ awards if the              later than the day after that upon which the race was run.
          total amount available for distribution is less than            3. Any objection on the grounds of fraudulent or intentional
          $10,000. In the event the Department does not pay an                  misstatement or omission in the entry under which a
          award because less than $10,000 is available for distribu-            horse has run, or on the grounds that the horse which ran
          tion, the Department shall carry forward the amount in                was not the horse it was represented to be in the entry or
          the fund for payment of awards when the Department                    at the time of the race, or was not of the age it was repre-
          next calculates awards.                                               sented to be shall be received within three days after the
     10. Appeal of Director’s Rulings                                           race.
          a. The Director shall make the final decision concern-       B. Every objection, unless otherwise provided, shall be made
                ing a breeders’ award.                                    within 72 hours after the race is run and shall be determined by
          b. The Department shall give written notice of the deci-        the stewards.
                sion to an applicant by mailing it to the address of   C. Pending the determination of an objection, any money or prize
                record filed with the Department.                         which the horse objected to may have won, or may win in the
          c. After service of the Director’s decision, an                 race, shall be withheld until the objection is determined, and
                aggrieved party may obtain a hearing under A.R.S.         any sum payable to the owner of the horse objected to shall be
                §§ 41-1092.03 through 41-1092.11.                         paid to the horsemen’s book keeper and held for the person
          d. The aggrieved party shall file a notice of appeal with       who may be determined to be entitled to it.
                the Department within 30 days after receiving the      D. Pending the disposition by the stewards, Department, or Com-
                notice prescribed in R19-2-116(D)(10)(b).                 mission of any question, both the horse which finished first
          e. The Department shall notify the Office of Adminis-           and any horse which has claimed to be the winner of the race
                trative Hearings, which shall schedule and conduct        shall be liable to all the penalties attaching to the winner of
                the hearing.                                              that race until the matter is decided.
E.   The permittees shall submit to the Department an Arizona          E. If an objection to a horse which has won or been placed in a
     Breeders’ Award Report in the form prescribed by the Depart-         race is declared valid, that horse may be disqualified in the
     ment. The report shall include name of the animal, name of the       place in which he finished and replaced at the discretion of the
     breeder, date of win, win purse amount, type of race, name of        stewards.
     track, and such other information as may be required by the       F. The stewards shall have the power at any time, whether or not
     Department to calculate awards.                                      an objection has been made, to order an examination by such
F.   The Arizona Thoroughbred Breeder’s Association, Arizona              person or persons as they deem fit as to the age of any horse
     Quarter Racing Association, Arizona Greyhound Breeder’s              entered for a race, or which has run a race and shall withhold
     Association, and such other associations as may represent            any money the horse may have won until such examination is
     breeders in this state may assist the Department in periodic         made. If the horse is declared of wrong age, the expense of
     reviews of eligibility lists and may provide such other assis-       such examination shall be paid by the owner.
     tance in administering the fund as may be required by the         G. No person shall lodge an unsubstantiated objection with the
     Department.                                                          stewards.
G.   At least every other three years the Commission shall select a    H. The stewards may require a cash deposit of $200 to cover costs
     committee, consisting of representatives of each breeders’           and expenses in determining an objection. The deposit posted
     association and the Department, which shall review this rule         herein may be forfeited if the objection should prove to be
     and submit written recommendations to the Commission.                without foundation.
                                                                       I. Every objection which is not decided by the stewards during
                         Historical Note
                                                                          the meeting shall be filed in writing with the Director.
          Adopted effective August 5, 1983 (Supp. 83-4).
                                                                       J. Permission of the stewards shall be necessary before an objec-
       Amended subsection (A) effective December 5, 1985
                                                                          tion may be withdrawn.
     (Supp. 85-6). Amended subsection (A) and added subsec-
      tions (D) through (G) effective August 13, 1986 (Supp.                                   Historical Note
       86-4). Amended subsection (D) effective February 19,                    Adopted effective August 5, 1983 (Supp. 83-4).
      1987 (Supp. 87-1). Amended effective March 20, 1990                   Amended effective March 20, 1990 (Supp. 90-1). Section
        (Supp. 90-1). R19-2-116 recodified from R4-27-116                    number corrected (Supp. 93-1). R19-2-117 recodified
     (Supp. 95-1). Amended effective January 10, 1997 (Supp.                            from R4-27-117 (Supp. 95-1).
        97-1). Amended effective June 3, 1997 (Supp. 97-2).
                                                                       R19-2-118.      Scale of Weights for Age
R19-2-117.       Objections                                            Generally:
A. Every objection shall be made by an owner or by such owner’s            1. For thoroughbreds in races exclusively for 3-year-olds
    authorized agent, a trainer, or the jockey of some other horse              and up, the weight is 118 to 124 pounds; for 2-year-olds,
    engaged in the same race, or by the officials of the course.                the weight is 117 to 120 pounds.
    Such objection shall be made to the stewards, who may require          2. For quarter horses in races exclusively for 3-year-olds or
    that the objection be made in writing with a copy thereof sent              4-year-olds, the weight is 126 pounds; and in races exclu-
    immediately to the Director.                                                sively for 2-year-olds, it is 120 to 122 pounds.
    1. Any objection to a horse, pertaining to any matter occur-
                                                                                               Historical Note
          ring in a race, except as otherwise provided, shall be
                                                                               Adopted effective August 5, 1983 (Supp. 83-4).
          made before the official numbers of the horse’s place in
                                                                            Amended effective March 20, 1990 (Supp. 90-1). Section
          the race are posted on the odds board.
                                                                             number corrected (Supp. 93-1). R19-2-118 recodified


Supp. 06-2                                                        Page 18                                                    June 30, 2006
                                                          Arizona Administrative Code                                            Title 19, Ch. 2
                                                          Arizona Racing Commission

                   from R4-27-118 (Supp. 95-1).                                 7.  If a horse is ridden or drifts out of its lane in such a man-
                                                                                    ner that it interferes with or impedes another horse in any
R19-2-119.       Rules of the Race and Winnings
                                                                                    way, a foul has been committed. The offending horse may
A. Generally                                                                        be disqualified if the outcome of the race is affected by
    1. All track rules shall be posted conspicuously and a copy                     the foul and replaced at the discretion of the stewards in a
        of said rules shall be filed with the Department.                           manner as to correct the effect of the interference as
    2. All races shall be off at a regular interval. Post times shall               nearly as possible. The provisions of this subsection shall
        be based upon the number of races run daily. The inter-                     apply to fouls caused by the horse or the jockey and fouls
        vals shall be set by the permittee with the approval of the                 caused either carelessly or purposefully.
        stewards.                                                                   a. In the event of disqualification of any part of an
    3. No purse monies earned by a horse shall be paid to any-                            entry, it shall be at the discretion of the stewards as
        one except the horse’s registered owners or their autho-                          to whether such disqualification shall extend to all or
        rized agents.                                                                     any part of the entry.
    4. In a stakes race which is a walkover, unless otherwise                       b. If the stewards rule that the foul referred to in sub-
        specified in the conditions, the entry which appears for                          section (C)(7) of this Section was caused by the
        the race may walk over the course and be declared the                             horse, despite the obvious efforts of the jockey to
        winner. Such a winner shall be entitled to the entire stakes                      maintain position in its lane, the jockey shall not be
        and to the winning percentage of the purse.                                       penalized.
B. Pre-race activity                                                                c. If the stewards rule that the foul referred to in sub-
    1. The number on the saddle cloth of a horse shall corre-                             section (C)(7) of this Section was caused by the
        spond with its number on the daily program.                                       jockey’s failing to attempt to prevent the foul or
    2. All horses shall parade and shall carry their weight from                          willfully riding the horse out of its lane, the jockey
        the paddock to the starting post.                                                 shall be penalized.
    3. If a horse is led to the post with permission of the pad-                8. In a race run around a turn, a horse which is in the clear
        dock judge, it carries its weight and shall pass the stew-                  may be taken to any part of the track. Weaving back and
        ards’ stand on its way to the post.                                         forth in front of another horse may be considered interfer-
    4. After the horses are ordered to the starting post and until                  ence or intimidation and may be penalized.
        the stewards direct the track gates to be reopened, all per-            9. A jockey shall not cause such jockey’s horse to shorten
        sons except licensees designated by the stewards shall be                   stride with a view to complaint. If the stewards decide
        excluded from the track.                                                    that an intentional foul was committed in the riding of a
    5. After the horses have entered the track, not more than 12                    race or that any jockey was instructed or induced to ride
        minutes shall elapse during the parade of the horses to the                 in such a manner, all persons guilty of complicity shall be
        post, except with the approval of the stewards.                             suspended.
    6. After passing the stand once, the horses will be allowed                 10. When a horse is disqualified by the stewards under these
        to break formation, canter, warm up, or move in any other                   rules, every horse in the race belonging wholly or in part
        manner until they are within 100 yards of the post.                         to the same owner, or under the management of the same
C. Races                                                                            trainer, may be disqualified and replaced upon a finding
    1. All races shall be started by a starting gate approved by                    of good cause by the stewards.
        the Department.                                                         11. A horse shall be ridden across the finish line carrying its
        a. A race may be started without a stall gate or a gate                     assigned weight in order to participate in the purse distri-
              with the doors open may be used in case of necessity                  bution of the race unless the nomination blank states oth-
              and with the permission of the stewards.                              erwise.
        b. If a race is started without a stall gate, there shall be            12. No whip shall be carried on any 2-year-old in a race on
              no start until, and no recall after, a starter’s assistant            the straightaway before March 1. After March 1, follow-
              has dropped his flag in response to the order of the                  ing satisfactory performance out of the gate with a whip
              official starter.                                                     and with the approval of the starter, a whip may be car-
    2. In the event of unavoidable delay in the starting of a race,                 ried in such a race.
        the starter shall instruct the riders to dismount and to lead           13. No owner, trainer, handler, or jockey shall attempt to pre-
        their horses.                                                               vent his horse from running its best and winning.
    3. When a horse, during the post parade, is deemed unfit to            D.   Dead heats
        start or is injured by an accident in the gate, it may be               1. When a race results in a dead heat, the heat shall not be
        excused by the stewards. Such a horse shall not be con-                     run off.
        sidered to have started in the race.                                    2. If a race results in a dead heat, all prizes to which the
    4. When a horse misbehaves in the gate and thereby unduly                       horses finishing in the dead heat would have been entitled
        delays the start of a race, it may be excused by the starter                shall be divided equally between them.
        and the stewards. Such a horse shall not be considered to               3. When a dead heat is run for second place, and an objec-
        have started in the race, but it shall be penalized by being                tion is made and sustained to the winner of the race, the
        put on the schooling list. Its entry in future races will be                horses which ran the dead heat shall be deemed to have
        refused for a period of time to be determined by the                        run a dead heat for first place.
        starter, with the approval of the stewards.                             4. If the dividing owners cannot agree as to which of them is
    5. No race shall be run when it is so dark that the horses can-                 to have a cup or other prize which cannot be divided, the
        not be plainly seen from the stand by the judges or stew-                   question shall be determined by lot by the permittee.
        ards.                                                                   5. Each horse that runs a dead heat for a race or place shall
    6. Every horse in a race is entitled to racing room and shall                   be deemed a winner of that race or place and shall be lia-
        not be deliberately pocketed and, in a straightaway race,                   ble as such winner for any penalty or disability attaching
        each horse shall maintain the position in the lane in which                 to the same.
        it starts as nearly as possible.


June 30, 2006                                                         Page 19                                                        Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

E.   Winnings or wins                                                       4.   In all rulings by the stewards, a majority of the stewards
     1. Winnings shall include all prizes and wins up to the time                is deemed to be controlling.
         appointed for the start and shall apply to all races in any        5. Vacancies
         country; provided that in county fair race meets not hav-               a. When a vacancy occurs among officials other than
         ing an “also-eligible” list, winnings shall include all                       stewards, the stewards shall fill the vacancy prior to
         prizes and wins up to the time of entry. Maiden races at                      post time of the first race of the day or when the
         County Fair Race Meets shall be an exception to this rule.                    vacancy occurs. The appointment is effective only
     2. Winnings shall include walking over or receiving forfeit                       for the day unless the permittee fails to fill the
         but shall not include second and third money or the value                     vacancy on the following day and has notified the
         of any prize not of money or not paid in money.                               stewards of its action not less than one hour before
     3. Winnings during the year shall be computed from the pre-                       the post time of the first race of the following day.
         ceding January 1.                                                             An appointment shall be reported promptly to the
     4. Winner of a certain sum shall mean winner of a single                          Department.
         race of that value unless otherwise expressed in the con-               b. Three stewards shall view the running of a race. If a
         ditions.                                                                      vacancy occurs among the stewards, the stewards
     5. In estimating the net value of a race to the winner, all                       present shall appoint one or two persons to serve as
         sums contributed by its owner or nominator shall be                           temporary stewards. The stewards making the
         deducted from the amount won.                                                 appointment under this subsection shall report it in
     6. Winners or losers of steeplechases, hurdle races, thor-                        writing to the Department.
         oughbred races, or mixed quarter horse races shall be                   c. In case of emergency, the stewards may appoint a
         considered winners or losers on the flat, and winners or                      substitute to fill a vacancy for that emergency only.
         losers on the flat shall be considered winners or losers of        6. The Department shall not license minors as officials.
         steeplechases, hurdle races, thoroughbred races, or mixed          7. A person interested in the result of a race because of an
         quarter horse races.                                                    ownership interest in any entered horse, bets, or other-
                                                                                 wise shall not act as an official at the meeting.
                        Historical Note
                                                                       B.   Prohibited acts
        Adopted effective August 5, 1983 (Supp. 83-4).
                                                                            1. An official or an official’s assistant shall not purchase
     Amended effective March 20, 1990 (Supp. 90-1). Section
                                                                                 mutuel tickets on races.
      number corrected (Supp. 93-1). R19-2-119 recodified
                                                                            2. An official or an official’s assistant shall not consume
                 from R4-27-119 (Supp. 95-1).
                                                                                 alcoholic beverages while on duty.
R19-2-120.        Repealed                                                  3. An official shall not accept, directly or indirectly, a bribe,
                                                                                 gift, or other form of gratuity which is intended to or
                          Historical Note                                        might influence the results of a race or the conduct of a
           Adopted effective August 5, 1983 (Supp. 83-4).                        racing meeting.
      Amended by adding subsection (O) effective November                   4. An official or employee shall not write or solicit horse
       23, 1983 (Supp. 83-6). Amended by adding subsection                       insurance at a racing meeting.
     (P) effective January 24, 1985 (Supp. 85-1). Amended by                5. An official or employee at the meeting shall not buy or
      adding subsections (Q) and (R) effective September 24,                     sell a contract upon a jockey or apprentice jockey for an
      1986 (Supp. 86-5). Amended by adding subsections (S),                      official or employee or for another, either directly or indi-
      (T), (U) and (V) effective February 19, 1987 (Supp. 87-                    rectly.
     1). Amended by adding subsections (W) and (X) effective           C.   Each official and employee shall report all observed violations
     October 14, 1988 (Supp. 88-4). Repealed effective March                of these rules to the stewards.
       20, 1990 (Supp. 90-1). R19-2-120 recodified from R4-            D.   Complaints
                        27-120 (Supp. 95-1).                                1. A person with a grievance or complaint against a track
R19-2-121.     Officials                                                         official, an employee of the permittee, or a licensee shall
A. Generally                                                                     submit it in writing to the stewards within five days of the
    1. The term “track official” means the following persons                     alleged objectionable act or behavior. The stewards shall
        employed by the permittee and approved and licensed by                   consider the matter, take appropriate action, and make a
        the Department: Director of Racing, one steward, mutuel                  full report of their action to the Department.
        manager, patrol judges, clerk of the scales, starter, timer,        2. A person with a grievance or complaint against an official
        paddock judge, track veterinarian, track superintendent,                 or employee of the Department shall report it in writing to
        racing secretary, assistant racing secretary, handicapper,               the Deputy Director of the Department within five days
        horsemen’s bookkeeper, jockey room custodian, and                        of the alleged objectionable act or behavior.
        chief of security.                                                  3. The Department reserves the right to demand a change of
    2. The term “Department official” means the following per-                   any official or employee for failure to comply with state
        sons appointed by the Department: two stewards, state                    rules.
        mutuel supervisor, Department veterinarian, identifier,        E.   Stewards
        and investigator. Certain “track officials” may be                  1. Two stewards appointed by the Director, and one steward
        appointed by the Department for the county fair race                     appointed by the permittee and licensed by the Director,
        meets.                                                                   shall supervise each racing meeting.
    3. One person may serve in more than one official position                   a. Stewards’ duties include being in attendance at the
        if the person can do so without detriment to any of the                        office of the racing secretary or on the grounds of
        other positions, and if the person has the consent and                         the permittee on any day in which entries are being
        approval of the Department; provided that neither the rac-                     taken or racing is being conducted and representing
        ing secretary nor the permittee director of racing may                         the Department in all matters pertaining to the inter-
        serve as a steward.                                                            pretation of the rules adopted by the Department.


Supp. 06-2                                                        Page 20                                                      June 30, 2006
                                                         Arizona Administrative Code                                              Title 19, Ch. 2
                                                         Arizona Racing Commission

         b.    The stewards shall advise the Director of all hear-                        training, or supervision, or the person has an interest
               ings and rulings made.                                                     in the horse’s winnings. At the time it is discovered,
         c. If a steward is unable to perform the steward’s duties                        the stewards shall void an entry from a person or of a
               for more than one day, the steward shall immedi-                           horse that stands ruled off or expelled. The person
               ately notify the Director of that fact so that an alter-                   shall forfeit the entry or subscription money and
               nate steward may be named to act in the steward’s                          shall return the money or prize won.
               place.                                                          4.   The stewards may excuse a horse that has left the pad-
    2.   The stewards shall enforce the rules and statutes of the                   dock for the post if they consider that horse to be crip-
         state of Arizona.                                                          pled, disabled, or unfit to run. In claiming races, if there is
    3.   The stewards shall have the power to interpret the rules                   a claim entered on a horse so excused, the claim is
         and to decide all questions not specifically covered by the                invalid.
         rules. In all interpretations and decisions, the orders of the        5.   The stewards shall determine the finish of a race by the
         stewards supersede the orders of the permittee.                            relative position of the noses of each horse. They shall
         a. The stewards shall have control over and shall have                     immediately notify the pari-mutuel department of the
               free access to all stands, weighing rooms, enclo-                    numbers of the first four horses.
               sures, and all other places within the grounds of the                a. The stewards shall promptly display the numbers of
               permittee.                                                                 the first three horses in each race in the order that
         b. The stewards shall investigate and render a decision                          they finished. If the stewards differ as to their order,
               promptly on each objection properly made to them                           the majority shall prevail.
               pursuant to R19-2-117 of these rules. A majority of                  b. The stewards may review the photo-finish picture
               the stewards shall sign each ruling.                                       provided by the permittee, to aid them in determin-
         c. The stewards shall supervise all entries and declara-                         ing the finish of a race.
               tions. They may refuse entries or the transfer of                          i. In any instance where the pictures furnished are
               entries for violations of state rules or statutes.                                not adequate or usable, the stewards shall make
         d. The stewards shall regulate and control the conduct                                  the final decision.
               of officials and other persons attending or participat-                    ii. If the stewards consider it advisable to review
               ing in a racing meeting.                                                          the photo-finish picture, the stewards may post
         e. The stewards shall have the right to: authorize a per-                               such placements as are in their opinions
               son or persons to enter into or upon and examine the                              unquestionable without waiting for a picture.
               buildings, stables, rooms, motor vehicles, trailers, or                           After reviewing the picture, they may make the
               other places within the grounds of a licensed race                                other placements. The stewards shall not
               track; inspect and examine the person, personal                                   declare the race official until they have deter-
               property, and effects of any person within the                                    mined which horses finished first, second, and
               grounds; and seize any items prohibited under R19-                                third.
               2-112(5) and (6) or any other illegal article.                       c. The stewards shall correct an error before the dis-
         f. Under subsection (E)(6), the stewards may impose a                            play of the sign “official” or recall the sign “official”
               civil penalty in an amount not to exceed $1,000 on                         if it has been displayed through error.
               any person subject to the stewards’ control for viola-          6.   The stewards shall adhere to the following procedure
               tion of these rules. After a hearing, the stewards may               when they have reason to believe that a rule has been vio-
               suspend a person violating any of these rules for up                 lated by any person:
               to 60 days and may rule off a licensee violating any                 a. The stewards shall summon the person to a hearing
               of these rules. The stewards may impose both a civil                       with all the stewards present.
               penalty and suspension for the same violation. The                   b. The stewards shall give 24-hours’ notice of the hear-
               stewards may refer any ruling made by them to the                          ing to the person, in writing, on a form supplied by
               Director, recommending further action, including                           the Department. The stewards shall time and date
               license revocation.                                                        the notice, and the person notified shall sign it. The
         g. In all cases where laboratory reports or other evi-                           stewards shall retain the original and include it as
               dence show the administration or presence of a for-                        part of the case file. The stewards shall give a copy
               eign substance, the stewards shall immediately                             to the person summoned.
               investigate the matter and may disqualify the horse,                 c. The stewards shall not impose a penalty until the
               suspend the trainer or other person or persons                             hearing.
               involved, refer the matter to the Director, and                      d. The stewards shall construe nonappearance of the
               impose a fine.                                                             summoned party as a waiver of the right to a hearing
         h. Every person or entry expelled or ruled off by any                            before the stewards.
               recognized turf authority for corrupt or fraudulent or               e. The stewards shall permit the person summoned to
               improper practice or conduct is ruled off wherever                         present witnesses on the person’s own behalf.
               these rules have force.                                              f. The stewards shall take appropriate action, including
         i. When a person has been suspended, the stewards                                suspension or civil penalty or both, if there is sub-
               shall rule off or expel every horse wholly or partly                       stantial evidence to find a violation of these rules.
               owned by the person so long as the person’s suspen-                        The stewards shall promptly forward their written
               sion continues. The person is not qualified, whether                       decision or ruling to the Director and to the party in
               acting as agent or otherwise, to subscribe for, enter,                     question.
               or run a horse in any race, in either the person’s own               g. In the interest of the health, safety, and welfare of
               name or that of another person. The stewards shall                         the people of the state of Arizona, the stewards may
               disqualify a horse if it is wholly or partly owned by                      summarily declare a horse scratched and may sus-
               the person or under the person’s care, management,                         pend a license pending a stewards’ hearing.


June 30, 2006                                                        Page 21                                                          Supp. 06-2
Title 19, Ch. 2                                           Arizona Administrative Code
                                                          Arizona Racing Commission

          h.   The stewards shall recover and forward to the                       of the registration papers or on a legal lease or bill of sale
               Department any license they suspend.                                attached to the registration papers.
         i. A majority vote of the stewards shall determine all            G. Assistant racing secretary. The assistant racing secretary shall
               matters within their jurisdiction.                             assist the racing secretary in the performance of the racing sec-
         j. The stewards shall have the power to modify,                      retary’s duties, under the racing secretary’s supervision.
               change, or remit any ruling imposed by them.                H. Starter
         k. The licensee shall promptly pay to the Department                 1. The starter has:
               any civil penalty imposed by the stewards for                       a. Complete jurisdiction over the starting of any field
               deposit with the state treasurer.                                         of horses.
     7. During the term of suspension of an owner, trainer, or                     b. Authority to give orders necessary to ensure a fair
         other person on a track under the jurisdiction of the                           start.
         Department, the stewards and the permittee shall ensure                   c. Authority to recommend to the stewards the fining
         that a ruling against the offender is enforced.                                 or suspension of any person violating the starter’s
F.   Racing secretary                                                                    orders.
     1. The duties of the racing secretary include:                           2. The starter may place a horse on a schooling list. The rac-
         a. Reporting to the stewards all violations of these                      ing secretary shall not accept an entry on a horse until it
               rules or of the regulations of the permittee which                  has been removed from the schooling list by the starter.
               come to the racing secretary’s attention.                      3. The starter may recommend to the stewards that a horse
         b. Keeping a complete record of all races.                                which is unmanageable at the starting gate or which
     2. The racing secretary or authorized representative shall                    refuses to break properly, after a reasonable schooling
         inspect all papers and documents dealing with owners                      period, be suspended.
         and trainers, partnership agreements, appointments of             I. Starter’s assistant
         authorized agents, and adoption of stable names. The rac-            1. The starter’s assistant may help horses into the starting
         ing secretary may demand production of such documents                     gate.
         and papers in order to verify their validity and authentic-          2. The starter’s assistant may handle or otherwise restrain
         ity and to ensure that the rules have been followed.                      unruly or fractious horses before the start.
     3. The racing secretary shall write the conditions of all races       J. Clerk of the scales
         and shall publish them sufficiently before closing time for          1. The duties of the clerk of the scales include:
         entries. The racing secretary shall not alter the conditions              a. Weighing all jockeys out and in.
         after the time set for closing.                                           b. Posting all overweights promptly after weighing.
         a. The racing secretary shall not write races that con-                   c. Notifying a trainer that the trainer’s jockey is over-
               flict with racing rules.                                                  weight.
         b. The racing secretary shall include or post a list of                   d. Reporting all late scratches, changes in riders, over-
               eligible horses in the conditions prior to the time of                    weights, and corrected weights for posting on a bul-
               entry for every graded quarter-horse race. The racing                     letin board located in a place conspicuous to the
               secretary shall not add a horse to this list after enter-                 wagering public.
               ing has begun without the consent of those who have                 e. Recording winning records of jockeys with appren-
               entered eligible horses.                                                  tice certificates and attesting to the date and track on
     4. The racing secretary shall act as the official handicapper                       each line as provided on the jockey’s apprentice cer-
         in all races.                                                                   tificate.
         a. The racing secretary shall assign weight to each                  2. A jockey shall not pass the scale more than seven pounds
               nominee.                                                            overweight without the consent of the stewards.
         b. The racing secretary shall post the weights in handi-             3. A jockey shall not be more than one pound short at weigh
               caps before 10:30 a.m. on the day set for publica-                  in.
               tion.                                                          4. The clerk of the scales shall report to the stewards any
     5. The racing secretary shall determine the character and                     violations of weight rules or any attempt to alter specified
         condition of substitute and extra races, subject to the                   weights.
         stewards’ approval.                                               K. Paddock judge
         a. If a stakes or overnight handicap does not fill, it may           1. The duties of the paddock judge include:
               be replaced by another overnight race carrying a                    a. Checking all contestants for each race.
               guaranteed purse consistent with the daily average                  b. Keeping a record of all equipment carried by the
               purse.                                                                    horses in each race under the paddock judge’s juris-
         b. If a race is canceled or declared off, the racing secre-                     diction.
               tary may split any race programmed for the same                     c. Permitting no change of equipment unless the
               day and which previously may have been closed.                            change is approved by the stewards.
         c. The racing secretary shall give preference to races               2. Only the owner or trainer of a horse, or the employees of
               printed in the condition book over substitute and                   each, shall touch a horse in the paddock without the per-
               extra races.                                                        mission of the paddock judge.
     6. The racing secretary or the racing secretary’s designee               3. The paddock judge shall report any irregularities to the
         shall conduct the drawing of all races and immediately                    stewards.
         post an overnight listing of the horses in each race.             L. Patrol judges
     7. The office of the racing secretary shall keep the preferred           1. The duties of the patrol judges include:
         list of all horses.                                                       a. Viewing that portion of the track allotted to them.
     8. The racing secretary shall not allow any horse to start in a               b. Reporting to the stewards any irregular incident
         race unless the horse is entered in the name of the legal                       occurring during a race.
         owner and unless the owner’s name appears on the back


Supp. 06-2                                                            Page 22                                                     June 30, 2006
                                                       Arizona Administrative Code                                          Title 19, Ch. 2
                                                       Arizona Racing Commission

     2. The stewards may require patrol judges to submit written            5.Either the Department veterinarian or the track veterinar-
        reports on each race.                                                 ian shall place any horse deemed to be unsafe, unsound,
   3. The number of patrol judges in use at a track may vary                  or unfit on a suspension list approved by the stewards.
        with the size of the track and with the need to ensure            6. The racing secretary may accept the entry of a horse on
        clean racing.                                                         the veterinarian’s list only after approval by the track and
M. Timers                                                                     Department veterinarian and if three calendar days have
   1. Timers shall accurately record the time of each race.                   elapsed since the horse was placed on the veterinarian’s
   2. Timers shall accurately record the fractional times of                  list.
        each race if required for the Daily Racing Form Chart.            7. Every veterinarian licensed by the Department shall keep
   3. The timers shall use an electrical timing device approved               a written record of the veterinarian’s practice on the
        by the Department in all races restricted to quarter horses.          grounds of a permittee relating to horses participating in
N. Jockey room custodian                                                      racing.
   1. The duties of the jockey room custodian include:                        a. This record includes:
        a. Maintaining the jockey room in proper order as a                         i. The name of the horse treated,
              restricted area.                                                      ii. The nature of the horse’s ailment,
        b. Seeing that jockeys conduct themselves in accor-                         iii. The type of treatment prescribed and performed
              dance with the rules of racing.                                            for the horses,
        c. Seeing that jockeys are on time for their races.                         iv. The date and time of the treatment.
        d. Supervising the valets employed to assist the jock-                b. Veterinarians shall keep this record for practice
              eys.                                                                  engaged in at all licensed tracks.
        e. Assisting the clerk of scales to ensure jockeys have               c. A veterinarian shall produce this record without
              proper equipment and carry the correct weight.                        delay upon request of the stewards or the Depart-
   2. The jockey room custodian shall report immediately to                         ment.
        the stewards any colors not in the jockey room custo-                 d. Veterinarians engaged in private practice on tracks
        dian’s possession for a given day’s racing.                                 under the jurisdiction of the Department shall be
O. Horsemen’s bookkeeper                                                            licensed by the Arizona State Board of Veterinarian
   1. The horsemen’s bookkeeper shall receive all stakes, for-                      Medical Examiners and the Department.
        feits, entrance monies, fees (including jockey fees), and             e. Only veterinarians licensed by the Department shall
        purchase money in claiming races.                                           administer to or prescribe for horses on the premises
   2. The horsemen’s bookkeeper shall pay all money on                              of any permittee except in case of emergency (R19-
        deposit to the persons entitled to it within 14 days after                  2-112(A)(11)(b)).
        the close of the meeting.                                             f. The Department, acting on the recommendation of
   3. The horsemen’s bookkeeper shall be bonded in an                               the Department veterinarian, shall evaluate all new
        amount determined by the Director.                                          and experimental medications and drugs and deter-
   4. The horsemen’s bookkeeper shall segregate and hold as                         mine whether the medications and drugs may be
        trust funds all fees paid in added money events, early                      used on the grounds.
        closing events, stakes, and futurities until the event is         8. If an official veterinarian determines that an injured horse
        contested. The horsemen’s bookkeeper shall submit proof               should be destroyed, the official veterinarian shall destroy
        of segregation by bank letter or bank statement to the                the horse quickly, humanely, and out of sight of the public
        Department through its authorized representative.                     unless any delay will prolong the suffering of the horse.
   5. The horsemen’s bookkeeper shall not pay purse money              Q. Horse identifier
        earned by a horse to anyone except its registered owners          1. The horse identifier or designee shall examine all horses
        or their authorized agent. The Department shall deter-                registered for racing at tracks under the jurisdiction of the
        mine when purse monies are released, based on results of              Department.
        laboratory analysis.                                              2. The horse identifier shall ensure that all horses starting at
   6. In the event of an objection or positive sample and upon                any track in the state of Arizona are tattooed unless other-
        notification by the stewards, the horsemen’s bookkeeper               wise authorized by the stewards.
        shall hold the purse monies until released by the Depart-         3. The horse identifier may make photographs or permanent
        ment.                                                                 identification records for horses referred to in subsection
P. Veterinarians                                                              (Q)(1) of this Section. The horse identifier shall include
   1. The Department shall approve two official veterinarians,                the tattoo number, markings, cowlicks, dimples, and
        licensed to practice veterinary medicine by the state of              other characteristics of each horse on its identification
        Arizona. The permittee shall employ one of the official               record.
        veterinarians, and the Department shall employ the other
                                                                                                 Historical Note
        official veterinarian.
                                                                                 Adopted effective August 5, 1983 (Supp. 83-4).
   2. The Department veterinarian shall be in charge of all
                                                                             Amended subsections (A) and (D) effective November
        sample collection.
                                                                              30, 1988 (Supp. 88-4). Amended effective March 20,
   3. An official veterinarian shall inspect each horse in the
                                                                              1990 (Supp. 90-1). R19-2-121 recodified from R4-27-
        receiving barn or paddock and shall recommend to the
                                                                            121 (Supp. 95-1). Amended effective September 14, 1995
        stewards the scratching of any horse the veterinarian
                                                                            (Supp. 95-3). Amended effective January 12, 1996 (Supp.
        finds to be unsafe to race or physically unfit to produce a
                                                                             96-1). Amended effective August 7, 1996 (Supp. 96-3).
        satisfactory result in a race.
                                                                              Spelling correction made in subsection (1) “permitee”
   4. The track veterinarian shall examine all horses prior to a
                                                                              changed to “permittee” to reflect rules on file with the
        race.
                                                                             Office of the Secretary of State (Supp. 98-3). Amended
                                                                             by final rulemaking at 11 A.A.R. 5534, effective Febru-
                                                                                            ary 4, 2006 (Supp. 05-4).


June 30, 2006                                                     Page 23                                                       Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

R19-2-122.       Transfers                                                   6.   Upon the filing of a referral in the manner set forth above,
A. Any change in the ownership or lease of a horse registered                     the Director may fix a time and place for a hearing and
    with the racing secretary must be effected by a bill of sale or               shall give written notice of the hearing at least 20 days
    lease agreement.                                                              prior to the date set for the hearing, unless waived by the
    1. A copy of the bill of sale or lease agreement shall be filed               appellant.
         in the track office of the Department and with the racing           7. Nothing contained in this Section shall affect the distribu-
         secretary.                                                               tion of the pari-mutuel pools.
    2. The stewards shall be advised of any change in the own-               8. In case of an appeal or protest, the purse money affected
         ership or trainer transfer of a horse registered with the                shall be retained by the permittee subject to order of the
         racing secretary.                                                        Director.
    3. A horse shall not be transferred to a new trainer after          B.   License denial, suspension, or revocation
         entry.                                                              1. The Director may deny a license application without prior
    4. More than one owner may be indicated on the program by                     notice to the applicant. However, if the applicant files an
         the use of the name of one owner and the phrase “et al.”                 appeal with the Director within 20 days of the receipt of
B. If a horse is sold with all its engagements or any part of them,               the denial, the Director may fix a time and place for a
    the seller shall not strike it from such engagements.                         hearing on the matter and shall give written notice of the
    1. In all private sales, the written acknowledgment of both                   hearing at least 20 days prior to the date set for the hear-
         parties that the horse was sold with all, or part of, its                ing, unless waived by the applicant.
         engagements is necessary to entitle the seller or buyer to          2. The Director may revoke or, independently of the stew-
         the benefit of this rule. If certain engagements are speci-              ards, suspend a license only after notice and opportunity
         fied, only those engagements so specified shall be sold                  for hearing. Notice of the hearing shall be given in writ-
         with the horse.                                                          ing at least 20 days prior to the date set for hearing, unless
    2. In all public auctions, the advertised conditions of the                   waived by the applicant.
         sale are sufficient evidence of sale with all engagements.     C.   Contested cases
         If certain engagements are specified, only those engage-            1. All parties appearing before the Director or the Director’s
         ments so specified shall be sold with the horse.                         designee shall be afforded an opportunity to a hearing and
    3. If a horse is transferred with its engagements, that horse                 the opportunity to respond and present evidence and
         shall not be eligible to start in any stakes race unless, at             argument on all issues.
         the time of the running of the stakes or prior thereto, the         2. Any party appearing before the Director or the Director’s
         transfer of the horse and its engagements is exhibited                   designee shall have the right to appear in person, or by
         upon demand to the racing secretary.                                     counsel, except that a corporation may appear only
    4. No transfer of a horse or an engagement shall be made for                  through counsel. Any party may submit such party’s case
         the purpose of avoiding disqualification.                                in writing. Failure of a party to appear for a hearing shall
                                                                                  leave the Director free to act upon the evidence at hand
                       Historical Note                                            without further notice to the parties. Proceedings may be
        Adopted effective August 5, 1983 (Supp. 83-4).                            reopened by the Director upon written petition of any
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-                        party to the proceedings.
         122 recodified from R4-27-122 (Supp. 95-1).                    D.   Hearing officer. If the Director assigns a matter to a hearing
R19-2-123.      Procedure before the Department                              officer, the hearing officer shall submit to the Director within
A. Appeal of stewards’ rulings and referrals                                 15 days after the conclusion of the hearing a written decision
    1. Any person or persons aggrieved by a ruling of the stew-              which shall include proposed findings of fact, conclusions of
        ards may appeal to the Director. Such an appeal shall be             law and order. The decision of the hearing officer may be
        filed in writing in the office of the Director within three          approved or modified by the Director. The decision of the
        days of the receipt of the steward’s ruling.                         hearing officer becomes the decision of the Director unless
    2. The failure of the stewards to convene a hearing within               modified by the Director within 45 days.
        10 days after an objection is made shall be deemed a            E.   Depositions
        denial by the stewards and may be appealed by filing a               1. When any party desires to take the oral deposition of any
        written appeal in the office of the Director within 10 days               witness residing outside the state or otherwise unavail-
        from the date the objection was denied.                                   able as a witness, such party shall file with the Director a
    3. The appeal shall be signed by the person making said                       petition for permission to take the deposition of such wit-
        request or by such person’s attorney and shall set forth                  ness, showing the name and address of such witness and
        such person’s grounds for appeal and reasons for believ-                  setting forth specifically and in detail the nature and sub-
        ing such person is entitled to a hearing.                                 stance of the testimony expected to be given by such wit-
    4. A person filing an appeal of a ruling may be required by                   ness. The application shall be granted if it appears from
        the Director or the Commission to furnish a bond in the                   such petition that the witness resides outside the state or
        amount equal to an assessed fine and an additional $200                   is otherwise unavailable and that the testimony of such
        to cover the costs, which may be forfeited should the                     witness is relevant and material. If such statement is not
        appeal be denied.                                                         made specifically and in detail, so that the Director may
    5. The stewards may refer any ruling made by them to the                      determine therefrom the relevancy and materiality of the
        Director, recommending further action, including the                      testimony of such witness, such petition may be denied.
        revocation of a license suspended by the stewards. Upon              2. The Director may, at the Director’s discretion, designate
        receipt of such referrals, the Director shall review the                  the time and place and office at which such a deposition
        record and may affirm, reverse, or modify the stewards’                   may be taken. The expense of any deposition shall be
        ruling or conduct such other proceedings as the Director                  borne by the party applying to the Director for permission
        may deem appropriate.                                                     to take same.




Supp. 06-2                                                         Page 24                                                       June 30, 2006
                                                         Arizona Administrative Code                                             Title 19, Ch. 2
                                                         Arizona Racing Commission

     3.   Any deposition taken under this subsection shall be                       rehearing or review of the Director’s decision for any rea-
          returned and filed with the Director within 30 days after                 son for which the Director might have granted a rehearing
          permission for taking same is granted.                                    on motion of a party. After giving the parties or their
F.   Service                                                                        counsel notice and an opportunity to be heard on the mat-
     1. Service of any decision, order, or other process may be                     ter, the Director may grant a motion for rehearing for a
          made in person or by mail. Service by mail shall be made                  reason not stated in the motion. In either case, the order
          by enclosing the same or a copy thereof in a sealed enve-                 granting such a rehearing shall specify the grounds there-
          lope and depositing the same in the United States mail,                   for.
          postage prepaid, addressed to the party served, at the               6.   When a motion for rehearing is based upon affidavits
          address as shown by the records of the Department.                        they shall be served with the motion. An opposing party
     2. The time periods prescribed or allowed by these rules, by                   may, within 10 days after such service, serve opposing
          order of the Department or by an applicable statute, shall                affidavits, which period may be extended for an addi-
          be computed as provided in the Arizona Rules of Civil                     tional period not exceeding 20 days by the Director for
          Procedure.                                                                good cause shown or by written stipulation of the parties.
     3. Service upon an attorney who has appeared on behalf of a                    Reply affidavits may be permitted.
          party shall constitute service upon such party, except that          7.   If in a particular decision it is necessary for the immediate
          papers required to be served upon the Director or Com-                    preservation of the public peace, health, and safety and if
          mission shall in all cases be filed in the office of the                  a rehearing or review of the decision is impracticable,
          Department with a copy served on the Attorney General.                    unnecessary, or contrary to the public interest, the deci-
     4. Proof of service may be made by the affidavit or oral tes-                  sion may be issued as a final decision without an opportu-
          timony of the person making such service.                                 nity for a rehearing or review.
G.   Rehearing, review, or appeal                                              8.   For purposes of this subsection the terms “contested
     1. Except as provided in subsection (G)(7), any party in a                     case” and “party” shall be defined as provided in A.R.S. §
          contested case before the Director who is aggrieved by a                  41-1001.
          decision rendered in such case may file with the Director,           9.   To the extent that the provisions of this rule are in conflict
          not later than 10 days after service of the decision, a writ-             with the provisions of any statute providing for rehearing
          ten motion for rehearing or review of the decision speci-                 of decisions of the Director, such statutory provisions
          fying the particular grounds therefor. For purposes of this               shall govern.
          subsection, a decision shall be deemed to have been
                                                                                                 Historical Note
          served when personally delivered or mailed to the party at
                                                                                  Adopted effective August 5, 1983 (Supp. 83-4).
          such party’s last known residence or place of business.
                                                                               Amended effective March 20, 1990 (Supp. 90-1). R19-2-
     2. The motion for rehearing may be amended at any time
                                                                                   123 recodified from R4-27-123 (Supp. 95-1).
          before it is ruled upon by the Director. A response may be
          filed within 10 days after service of such motion or            R19-2-124.      Procedure before the Commission
          amended motion by any other party. The Director may             A. Appeal of Director’s rulings
          require the filing of written briefs upon the issues raised         1. Any person or persons aggrieved by a ruling of the Direc-
          in the motion and may provide for oral argument.                        tor may appeal to the Commission. Such an appeal shall
     3. A rehearing or review of the decision may be granted for                  be filed in writing in the office of the Commission within
          any of the following causes materially affecting the mov-               15 days after service of the Director’s ruling.
          ing party’s rights:                                                 2. The appeal shall be signed by the person making said
          a. Irregularity in the administrative proceedings of the                request or by his attorney and shall set forth with specific-
               hearing officer or Director or the prevailing party, or            ity such person’s grounds for appeal and reasons for
               any order or abuse of discretion, whereby the mov-                 believing such person is entitled to a hearing.
               ing party was deprived of a fair hearing.                      3. Upon the filing of an appeal set forth above, the Commis-
          b. Misconduct of the hearing officer, Director, or the                  sion shall review the record and may affirm, reverse, or
               prevailing party.                                                  modify the Director’s ruling or conduct such other pro-
          c. Accident or surprise which could not have been pre-                  ceedings as the Commission deems appropriate.
               vented by ordinary prudence.                               B. Permit denial, suspension, or revocation
          d. Newly discovered material evidence which could                   1. The Commission may deny a permit application pursuant
               not with reasonable diligence have been discovered                 to a hearing upon 15 days notice.
               and produced at the original hearing.                          2. The Commission shall revoke or suspend a permit only
          e. Excessive or insufficient penalties.                                 after notice and opportunity for hearing. Notice of the
          f. Error in the admission or rejection of evidence or                   hearing shall be given in writing at least 20 days prior to
               other errors of law occurring at the administrative                the date set for hearing, unless waived by the applicant.
               hearing.                                                       3. All parties appearing before the Commission shall be
          g. The decision is not justified by the evidence or is                  afforded an opportunity for a hearing and the opportunity
               contrary to law.                                                   to respond and present evidence and argument on all
     4. The Director may affirm or modify the decision or grant a                 issues.
          rehearing to all or any of the parties and on all or part of        4. Any party appearing before the Commission shall have
          the issues for any of the reasons set forth in subsection               the right to appear in person, or by counsel, except that a
          (G)(3) of this subsection. An order granting a rehearing                corporation may appear only through counsel. Any party
          shall specify with particularity the ground or grounds on               may submit such party’s case in writing. Failure of a
          which the rehearing is granted, and the rehearing shall                 party to appear for a hearing shall leave the Commission
          cover only those matters so specified.                                  free to act upon the evidence at hand without further
     5. Not later than 10 days after a decision is rendered, the                  notice to the parties. Proceedings may be reopened by the
          Director may, on the Director’s own initiative, order a


June 30, 2006                                                        Page 25                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          Commission upon written petition of any party to the pro-           2.   The motion for rehearing may be amended at any time
          ceedings.                                                                before it is ruled upon by the Commission. A response
C.   Hearing officer. If the Commission assigns a matter to a hear-                may be filed within 10 days after service of such motion
     ing officer, the hearing officer shall submit to the Commission               or amended motion by any other party. The Commission
     within 15 days after the conclusion of the hearing a written                  may require the filing of written briefs upon the issues
     decision which shall include proposed findings of fact, conclu-               raised in the motion and may provide for oral argument.
     sions of law and order. The decision of the hearing officer may          3.   A rehearing or review of the decision may be granted for
     be approved or modified by the Commission. The decision of                    any of the following causes materially affecting the mov-
     the hearing officer becomes the decision of the Commission                    ing party’s rights:
     unless modified by the Commission within 45 days.                             a. Irregularity in the administrative proceedings of the
D.   Depositions                                                                         hearing officer or Commission or the prevailing
     1. When any party desires to take the oral deposition of any                        party, or any order or abuse of discretion, whereby
          witness residing outside the state or otherwise unavail-                       the moving party was deprived of a fair hearing.
          able as a witness, such party shall file with the Commis-                b. Misconduct of the hearing officer, Commission, or
          sion a petition for permission to take the deposition of                       the prevailing party.
          such witness, showing the name and address of such wit-                  c. Accident or surprise which could not have been pre-
          ness and setting forth specifically and in detail the nature                   vented by ordinary prudence.
          and substance of the testimony expected to be given by                   d. Newly discovered material evidence which could
          such witness. The application may be granted if it appears                     not with reasonable diligence have been discovered
          from such petition that the witness resides outside the                        and produced at the original hearing.
          state or is otherwise unavailable and that the testimony of              e. Excessive or insufficient penalties.
          such witness is relevant and material. If such statement is              f. Error in the admission or rejection of evidence or
          not made specifically and in detail, so that the Commis-                       other errors of law occurring at the administrative
          sion may determine therefrom the relevancy and materi-                         hearing.
          ality of the testimony of such witness, such petition may                g. The decision is not justified by the evidence or is
          be denied.                                                                     contrary to law.
     2. The Commission may, at its discretion, designate the time             4.   The Commission may affirm or modify the decision or
          and place and office at which such a deposition may be                   grant a rehearing to all or any of the parties and on all or
          taken. The expense of any deposition shall be borne by                   part of the issues for any of the reasons set forth in sub-
          the party applying to the Commission for permission to                   section (F)(3). An order granting a rehearing shall specify
          take same.                                                               with particularity the ground or grounds on which the
     3. Any deposition taken under this subsection shall be                        rehearing is granted, and the rehearing shall cover only
          returned and filed with the Commission within 30 days                    those matters so specified.
          after permission for taking same is granted.                        5.   Not later than 10 days after a decision is rendered, the
E.   Service                                                                       Commission may, on its own initiative, order a rehearing
     1. Service of any decision, order, or other process may be                    or review of its decision for any reason for which it may
          made in person or by mail. Service by mail shall be made                 have granted a rehearing on motion of a party. After giv-
          by enclosing the same or a copy thereof in a sealed enve-                ing the parties or their counsel notice and an opportunity
          lope and depositing the same in the United States mail,                  to be heard on the matter, the Commission may grant a
          postage prepaid, addressed to the party served, at the                   motion for rehearing for a reason not stated in the motion.
          address as shown by the records of the Department,                       In either case, the order granting such a rehearing shall
          except that notice of a hearing before the Commission                    specify the grounds therefor.
          shall be mailed by certified mail to the last known address         6.   When a motion for rehearing is based upon affidavits, the
          of the parties as shown by the records of the Department.                affidavits shall be served with the motion. An opposing
     2. Proof of service may be made by the affidavit or oral tes-                 party may, within 10 days after such service, serve oppos-
          timony of the person making such service.                                ing affidavits, which period may be extended for an addi-
     3. The time periods prescribed or allowed by these rules, by                  tional period not exceeding 20 days by the Commission
          order of the Department or by an applicable statute, shall               for good cause shown or by written stipulation of the par-
          be computed as provided in the Rules of Civil Procedure.                 ties. Reply affidavits may be permitted.
     4. Service upon an attorney who has appeared on behalf of a              7.   If in a particular decision it is necessary for the immediate
          party will constitute service upon such party. In the case               preservation of the public peace, health, and safety and if
          of papers requested to be served upon the Commission,                    a rehearing or review of the decision is impracticable,
          an original and five copies shall be filed in the office of              unnecessary, or contrary to the public interest, the deci-
          the Department and a copy shall be served upon the                       sion may be issued as a final decision without an opportu-
          Attorney General.                                                        nity for a rehearing or review.
F.   Rehearing or review                                                      8.   For purposes of this subsection the terms “contested
     1. Except as provided in subsection (F)(7) of this subsec-                    case” and “party” shall be defined as provided in A.R.S. §
          tion, any party in a contested case before the Commission                41-1001.
          who is aggrieved by a decision rendered in such case may            9.   To the extent that the provisions of this rule are in conflict
          file with the Commission, not later than 15 days after ser-              with the provisions of any statute providing for rehearing
          vice of the decision, a written motion for rehearing or                  of decisions of the Commission, such statutory provisions
          review of the decision, specifying the particular grounds                shall govern.
          therefor. For purposes of this subsection, a decision shall
                                                                                                Historical Note
          be deemed to have been served when personally deliv-
                                                                                 Adopted effective August 5, 1983 (Supp. 83-4).
          ered or mailed to the party at such party’s last known res-
                                                                              Amended effective March 20, 1990 (Supp. 90-1). R19-2-
          idence or place of business.
                                                                                  124 recodified from R4-27-124 (Supp. 95-1).


Supp. 06-2                                                          Page 26                                                      June 30, 2006
                                                         Arizona Administrative Code                                             Title 19, Ch. 2
                                                         Arizona Racing Commission

R19-2-125.        Arizona Stallion Awards                                         annual “Report of Mares Bred” to the breeders associa-
A. Definitions                                                                    tion monitoring thoroughbred stallions by August 1 of the
    1. “Arizona stallion” means an uncastrated, adult male                        current breeding year.
          horse that stands the entire breeding season in Arizona.        F. Thoroughbred stallion bred to quarter horse mares
    2. “Breeding year” means the period beginning January 1                  1. If a thoroughbred stallion is being bred to quarter horse
          and ending July 31.                                                     mares, an owner or lessee shall send the application, fees,
    3. “Fiscal year” means the period beginning July 1 and end-                   and breeding report required in subsections (D) and
          ing June 30.                                                            (E)(1) to the breeders association monitoring quarter
    4. “Owner” means the person who possesses the stallion at                     horse stallions.
          the time of the person’s certification application for the         2. If a thoroughbred stallion is being bred to thoroughbred
          fiscal year, according to the records of the Department.                and quarter horse mares, an owner or lessee shall send the
B. Owner and lessee eligibility. For an owner or the lessee of an                 application, fees, and breeding reports required in subsec-
    Arizona stallion to be eligible for an award of funds for a fiscal            tions (D) and (E) to both of the Arizona breeders associa-
    year:                                                                         tions.
    1. The owner or lessee shall:                                         G. Disqualification and Reinstatement
          a. Apply for stallion certification by the due date set by         1. If a stallion owner or lessee fails to comply with applica-
               the breeders association for complying with the                    ble requirements in subsections (B), (C), (D), (E), and (F)
               requirement in subsection (D);                                     the Department shall disqualify the owner or lessee from
          b. Submit the breeder report required in subsection (E);                receiving an award of fund monies during the affected
               and,                                                               fiscal year.
          c. Comply with subsection (F) if applicable.                       2. To reinstate eligibility for subsequent years, the owner or
    2. In the event of death or the retirement of a stallion, the                 lessee shall pay the certification fee prescribed in subsec-
          owner or lessee remains eligible for awards if the require-             tion (D)(1)(b) and comply with applicable requirements
          ments in subsection (D) are followed.                                   in subsections (B), (C), (D), (E), and (F).
    3. The stallion shall be certified at the time its eligible Ari-      H. Award races. Except for maiden claiming and maiden allow-
          zona-bred offspring earn purse money in races listed in            ance races at Arizona racetracks, the following are eligible
          subsection (H).                                                    races:
C. Qualifications for Arizona stallion certification. To qualify for         1. Quarter horses:
    Arizona stallion certification for the fiscal year, an owner or               a. All races with a purse value of $10,000 or more;
    lessee shall:                                                                 b. All allowance races;
    1. Permanently domicile the stallion in Arizona from Janu-                    c. At the Turf Paradise meet, all claiming races with a
          ary 1 through July 31. During this time, the owner or les-                   claiming price of $3,500 or more; and
          see may move the stallion outside of Arizona for racing                 d. At other Arizona racetracks, all claiming races with
          or for medical treatment;                                                    a claiming price of $2,500 or more.
    2. Register the stallion with the Arizona breed registry that            2. Thoroughbreds:
          corresponds to the stallion’s national breed registry; and              a. The Prescott Futurity, the Prescott Derby, and all
    3. Notify the appropriate Arizona breed registry within 10                         races with a purse value of $15,000 or more;
          days of the stallion entering or leaving Arizona during the             b. The Inaugural, the Mile High, and all allowance
          breeding year.                                                               races;
D. Application procedure for stallion certification                               c. At the Turf Paradise meet, all claiming races with a
    1. By the due date set by the appropriate Arizona breeders                         claiming price of $6,000 or more; and
          association, and approved by the Commission in accor-                   d. At other Arizona racetracks, all claiming races with
          dance with subsection (D)(2)(b), an owner or lessee may                      a claiming price of $3,500 or more.
          apply for Arizona stallion certification for the fiscal year.   I. Fund distribution procedures
          The owner or lessee shall:                                         1. The Arizona breeders associations shall submit to the
          a. File an official application form with the Arizona                   Department, at least annually, a written report that con-
               breeders’ association for each stallion owned or                   tains the following information:
               leased; and                                                        a. The names of certified Arizona stallions for the fis-
          b. Pay a certification fee for each stallion when the                        cal year;
               application form is filed.                                         b. The names of certified Arizona-bred offspring of the
    2. The Arizona breeders association shall:                                         Arizona stallions. Arizona-bred horses may be certi-
          a. Forward a legible copy of the completed application                       fied by following the procedures prescribed in R19-
               to the Department;                                                      2-116(A) and (B);
          b. Set an application due date and reasonable certifica-                c. The first, second, and third place finishes of each
               tion fee, if these actions are authorized by the Com-                   certified Arizona-bred horse, sired by a certified
               mission in a contract permitted under A.R.S. § 5-                       Arizona stallion, in each eligible race; and,
               114(D).                                                            d. The earnings in each race of each Arizona-bred
    3. The Commission shall review and approve or reject each                          horse sired by a certified Arizona stallion.
          contract for stallion certification.                               2. The Department shall:
E. Breeding report                                                                a. Hold 10% of the monies accumulated prior to the
    1. A quarter horse stallion owner or lessee shall submit a                         1996-97 fiscal year for contingent liabilities;
          legible copy of the annual “Stallion Breeding Report” to                b. Calculate a payment factor at the end of each fiscal
          the breeders association monitoring quarter horse stal-                      year by dividing the total monies available, under
          lions by November 30 of the current breeding year.                           subsections (I)(2)(d), (e), (f), or (g), by the total dol-
    2. Except as provided in subsection (F), a thoroughbred stal-                      lar value of purses, not to exceed $30,000 per horse
          lion owner or lessee shall submit a legible copy of the                      per race, won in eligible races during the fiscal year;


June 30, 2006                                                        Page 27                                                         Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

          c.   Multiply the payment factor by the total purse                    industry and this state, the Commission shall decide
               amount won in eligible races during the fiscal year;              whether to make a grant to the nonprofit enterprise, the
         d. Distribute to eligible owners or lessees 40% of the                  amount of the grant, and the date of disbursement of the
               amount accumulated in the fund prior to the 1996-97               grant.
               fiscal year and the amount earned by the fund during          3. A recipient of a grant shall report annually to the Com-
               the 1996-97 fiscal year;                                          mission on a form provided by the Department to gather
         e. Distribute to eligible owners or lessees 25% of the                  the following information:
               amount accumulated in the fund prior to the 1996-97               a. The number of horses the nonprofit enterprise
               fiscal year and the amount earned by the fund during                   received;
               the 1997-98 fiscal year;                                          b. The number of horses adopted;
         f. Distribute to eligible owners or lessees 25% of the                  c. The number of horses returned by an adoptee and
               amount accumulated in the fund prior to the 1996-97                    reason for each return;
               fiscal year and the amount earned by the fund during              d. The actual use of the grant;
               the 1998-99 fiscal year; and,                                     e. A list of people who adopted the horses, or a copy of
         g. Distribute to eligible owners or lessees the amount                       the contract between the nonprofit enterprise and
               earned by the fund during the fiscal year for the                      each adoptee; and
               years after the 1998-99 fiscal year.                              f. The most recent Articles of Incorporation filing with
     3. The owner or lessee shall designate, on a form provided                       the Arizona Corporation Commission.
         by the Department, the single payee to whom Arizona            C.   Minimum qualifications.
         stallion award checks shall be issued when there is more            1. The enterprise shall be nonprofit.
         than one owner of a stallion.                                       2. The enterprise shall not:
J.   Appeal of Director’s rulings                                                a. Allow a horse to be used for racing, wagering, or
     1. The Director shall make the final decision concerning a                       slaughter; or
         stallion award.                                                         b. Place a horse with a humane society or research
     2. The Department shall give written notice of the decision                      facility;
         to an applicant by mailing it to the address of record filed        3. The enterprise shall not euthanize an adoptable horse
         with the Department.                                                    unless, as determined by a licensed veterinarian, it is
     3. After service of the Director’s decision, an aggrieved                   medically necessary for humane reasons.
         party may obtain a hearing under A.R.S. §§ 1092.03                  4. The enterprise shall be affiliated with a racetrack that
         through 41-1092.11.                                                     conducts horse racing. Affiliation is satisfied when the
     4. The aggrieved party shall file a notice of appeal with the               general manager or other executive from the racetrack
         Department within 30 days after receiving the notice pre-               submits to the Commission a written recommendation on
         scribed in R19-2-125(J)(2).                                             behalf of the enterprise.
     5. The Department shall notify the Office of Administrative             5. The enterprise shall require that a licensed veterinarian
         Hearings, which shall schedule and conduct the hearing.                 perform a complete check-up on each horse before releas-
                                                                                 ing the horse to an adoptee. The enterprise shall ensure
                         Historical Note
                                                                                 that each horse receives all medical care necessary to
        Adopted effective November 7, 1996 (Supp. 96-4).
                                                                                 maintain its good health.
R19-2-126.        Race Horse Adoption Grants                                 6. The enterprise shall employ procedures for acclimating a
A. The Commission shall provide financial grants to nonprofit                    horse that include:
    enterprises to promote the adoption of retired race horses. The              a. Exposure to the public,
    Commission shall distribute all of the retired race horse adop-              b. Exposure to a new diet, and
    tion surcharge funds generated from A.R.S. § 5-104(G) to non-                c. Training for off-track life.
    profit enterprises.                                                      7. The enterprise shall employ procedures for adopting-out
B. Procedures.                                                                   horses that include:
    1. A nonprofit enterprise that wishes to receive a financial                 a. An application process for prospective adoptees;
          grant shall submit a Department-generated application                  b. A visual check of each prospective adoptee’s farm
          form to the Commission. In 2005, the Commission shall                       with written documentation of the visit;
          set the date by which applications are to be received.                 c. A written adoption agreement between the enter-
          After 2005, the Commission shall accept applications                        prise and adoptee;
          until March 1 of each year. The nonprofit enterprise shall             d. At a minimum, follow-ups conducted by phone or
          provide the following information:                                          visit after seven and 30 days with written documen-
          a. A written description of the nonprofit enterprise,                       tation; and
          b. Proof of nonprofit status,                                          e. Procedures for the return of a horse.
          c. The proposed use of the grant,                                  8. Before assuming care of a horse, the enterprise shall
          d. A description of the nonprofit enterprise’s proce-                  obtain a transfer of registration or bill of sale for the
                dures to acclimate the horses as required by subsec-             horse.
                tion (C)(6),                                                 9. The enterprise shall make available a person to complete
          e. A description of the nonprofit enterprise’s adoption                and submit all filing requirements and to answer ques-
                procedures as required by subsection (C)(7),                     tions from a prospective or current adoptee.
          f. A copy of the application form and adoption agree-              10. The enterprise shall keep a file on each horse that
                ment required by subsections (C)(7)(a) and (c), and              includes:
          g. A copy of the transfer of registration or bill of sale              a. The transfer of registration or bill of sale;
                required by subsection (C)(8).                                   b. The vaccination record, health record, and all veteri-
    2. If the Commission finds that the adoption program of a                         narian reports;
          nonprofit enterprise is in the best interest of the racing             c. The adoptee’s application form;


Supp. 06-2                                                         Page 28                                                  June 30, 2006
                                                         Arizona Administrative Code                                           Title 19, Ch. 2
                                                         Arizona Racing Commission

          d.   The written adoption agreement between the enter-              15. “Equipment” as applied to greyhounds means muzzles
               prise and adoptee; and                                             and number blankets.
         e. The written documentation of pre-adoption check                   16. “Exercise areas” are fenced locations where greyhounds
               and follow-ups.                                                    are released to exercise for a short period of time and then
     11. The enterprise shall state in the adoption agreement the                 returned to their kennel housing crates, or to their run
         rules and responsibilities required of the adoptee.                      housing.
     12. The enterprise shall make the records required in subsec-            17. “Field” means the entire group of greyhounds in a race.
         tion (C)(11) available for inspection by a representative            18. “Foreign substance” means any drug, medicine, or any
         of the Department.                                                       other substance foreign to the greyhound’s body which
     13. The enterprise shall allow the Department to inspect the                 does or may affect the racing condition of a greyhound or
         facilities, farm, or location of the adopted horses.                     which does or may affect sampling or testing procedures.
                                                                                  Foreign substances include, but are not limited to, stimu-
                        Historical Head
                                                                                  lants, depressants, local anesthetics, narcotics, and anal-
       New Section made by final rulemaking at 11 A.A.R.
                                                                                  gesics.
           1566, effective June 4, 2005 (Supp. 05-2).
                                                                              19. “Grounds” means the entire area used by the permittee to
                    ARTICLE 2. RESERVED                                           conduct racing meetings including, but not limited to, the
                                                                                  track, grandstand, kennels, concession areas, and parking
               ARTICLE 3. GREYHOUND RACING                                        facilities.
R19-2-301.      Power and Authority                                           20. “Kennel housing” means any facility where greyhounds
A. All powers of the Department and Commission not specifi-                       are housed indoors.
    cally defined in these rules are reserved to the Department and           21. “Kennel owner” means a person who has a contract or
    Commission under the law creating the Department and Com-                     agreement with a permittee to provide dogs to the permit-
    mission and specifying its powers and duties.                                 tee’s facility.
B. The jurisdiction of the Department and Commission over mat-                22. “Lawfully issued prescription” means a prescription-only
    ters covered by the statutes and the rules is continuous                      drug, as defined in A.R.S. § 13-3401, obtained directly or
    throughout the year.                                                          pursuant to a valid prescription or order from a licensed
C. The statutes of the state of Arizona and the rules and the orders              physician acting in the course of professional practice.
    of the Department and Commission take precedence over the                 23. “Lessee” or “lessor” means a person who has leased a
    conditions of a race or of a racing meeting.                                  greyhound for racing or breeding purposes.
D. The Director may sustain, reverse, or modify any penalty or                24. “Lure” means mechanical apparatus consisting of the fol-
    decision imposed by the stewards.                                             lowing component parts: A stationary rail installed
E. The Commission may sustain, reverse, or modify any penalty                     around the track and a reasonable decoy which shall be
    or decision imposed by the Director.                                          attached to the pole.
                                                                              25. “Maiden” means a greyhound which at the time of start-
                         Historical Note                                          ing has never won a race in any country on a recognized
      Adopted effective August 5, 1983 (Supp. 83-4). R19-2-                       track or which has been disqualified after finishing first.
          301 recodified from R4-27-301 (Supp. 95-1).                         26. “Manager/Agent,” for purposes of R19-2-327, means a
R19-2-302.         Definitions                                                    person managing a racing kennel, breeding farm, or other
In these rules, unless the context otherwise requires:                            operation.
     1. “Added money” means the money a permittee adds to the                 27. “Matinee” means a schedule of races conducted upon a
           nominating and starting fees in a race.                                track in daylight hours.
     2. “Adequate feed” means supplying the greyhound a quan-                 28. “Meeting” means the entire period for which a permit to
           tity of foodstuffs daily for its age and weight to maintain            conduct racing has been granted to any permittee by the
           a reasonable level of nutrition.                                       Department.
     3. “Age” means the age of a greyhound as computed from                   29. “Night performance” means a schedule of races con-
           the day the greyhound was whelped.                                     ducted upon a race track during night hours.
     4. “Authorized agent” means a person appointed pursuant to               30. “Nominating fee” means a fee set by the permittee which
           R19-2-306(I) of these rules.                                           must be paid in order to make a greyhound eligible for a
     5. “Breeder” of a greyhound means the owner or lessee of                     stakes race.
           its dam at the time of whelping.                                   31. “Nomination” means the naming of a greyhound or its
     6. “Breeding farm” means a facility where greyhounds are                     pup (offspring) to compete in a specific race or series of
           bred and raised.                                                       races, eligibility for which may be conditional upon the
     7. “Breeding place” means the place of birth of a grey-                      payment of a fee at the time of naming.
           hound.                                                             32. “Nominator” means the person in whose name a grey-
     8. “Commission” means the Arizona Racing Commission.                         hound is nominated for a stakes or handicap race.
     9. “Course” means the track over which greyhounds race.                  33. “Off time” means the moment at which, on signal of the
     10. “Declaration” means the act of withdrawing an entered                    starter, the greyhounds break and run.
           greyhound from a race.                                             34. “Other operation” means a facility where greyhounds are
     11. “Department” means the Arizona Department of Racing.                     trained, or kept.
     12. “Director” means the Director of the Arizona Department              35. “Owner” means any person possessing all or part of the
           of Racing.                                                             legal title to a greyhound, or any person possessing all, or
     13. “Entrance fee” means a fee set by the permittee which                    part of the legal interest in a racing kennel, breeding farm,
           must be paid in order to make a greyhound eligible for a               or other operation.
           stakes race.                                                       36. “Place” means the position in which a greyhound finishes
     14. “Entry” means a greyhound eligible and entered in a race.                in a race and, more specifically, win-first, place-second,
                                                                                  and show-third.


June 30, 2006                                                       Page 29                                                        Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

    37. “Post position” means the position assigned to a grey-                52. “Sustaining fee” means a fee which must be paid periodi-
        hound for the start of a race.                                            cally, as prescribed by the conditions of the race, in order
    38. “Post time” means the time set for the arrival at the start-              to keep a greyhound eligible for that race.
        ing point of the greyhounds in a race.                                53. “Tote/totalizer” means the machines which sell mutuel
    39. “Prohibited substance” means any substance regulated by                   tickets and the board on which the approximate odds are
        A.R.S. Title 13, Chapter 34.                                              posted.
    40. “Race” means a contest among greyhounds for purse,                    54. “Track” means the course over which races take place.
        stakes, premium, or wager for money, run in the presence              55. “Trainer” means the person employed by an owner or les-
        of the racing officials of the track and of the Department.               see to condition greyhounds for racing.
        a. “Hurdle race” means a race over a course in which                  56. “Turn-out pens” are enclosed, or fenced areas where rac-
              jumps or hurdles are used.                                          ing greyhounds are briefly released from their kennel
        b. “Match race” means a race between two or more                          housing crates for the purpose of urinating and defecat-
              greyhounds, each the property of different owners,                  ing.
              on terms agreed upon by the owners and approved                 57. “Walkover” means a race in which there are not two or
              by the Department.                                                  more greyhounds of separate interest sent postward.
        c. “Overnight race” means a race for which entries                    58. “Weighing in” means the act of recording weight of a
              close 96 hours or less before the time set for the first            greyhound taken at the first weighing in, in accordance
              race of the day on which such race is to be run.                    with these rules.
        d. “Purse race” means a race for money or other prize                 59. “Weighing out” means the act of recording weight of a
              to which the owners of the greyhounds engaged in                    greyhound previous to post time or time of the race in
              the race do not contribute an entry fee.                            which it is entered.
        e. “Race on the flat” means a race over a course in                   60. “Whelped” means the birth of a greyhound.
              which no jumps or other obstacles are placed.
                                                                                                 Historical Note
        f. “Stakes race” means a race in which any monies are
                                                                                 Adopted effective August 5, 1983 (Supp. 83-4).
              to be deposited by the owners of the greyhounds
                                                                               Amended effective November 30, 1988 (Supp. 88-4).
              engaged in the race, including a race in which
                                                                                Amended effective March 20, 1990 (Supp. 90-1).
              money or other prize is added, and in which nomina-
                                                                              Amended effective February 28, 1995; R19-2-302 recodi-
              tions must close more than 72 hours before the time
                                                                                       fied from R4-27-302 (Supp. 95-1).
              for the first race of the day on which such stakes race
              is to be run.                                              R19-2-303.      Permit Applications
    41. “Racing kennel” means a kennel located off-track and             A. A person or persons, associations, or corporations desiring to
        operated under contract, or agreement with a permittee to            hold or conduct a greyhound racing meeting within the state of
        provide greyhounds to the permittee’s facility.                      Arizona shall file with the Commission its permit application
    42. “Recognized track” means a track where pari-mutuel                   that contains the information required in A.R.S. § 5-107 in
        wagering is authorized by law.                                       paper copy and in an electronic medium. All electronic media
    43. “Ruled off” means the act of barring from the grounds of             submissions shall be compatible with the Department’s com-
        a permittee and denying all racing privileges.                       puter system and software. If any addendum to the permit
    44. “Run housing” means a fenced area where greyhound                    application cannot be submitted in an electronic medium, the
        puppies and nonracing greyhounds live and are permitted              applicant shall submit the addendum in a paper copy.
        to move about freely.                                            B. The Department shall not issue a permit until the applicant has
    45. “Scratch” means the act of withdrawing an entered grey-              furnished evidence of compliance with A.R.S. § 23-901 et seq.
        hound from a race after the drawing for post positions in            (Workers’ Compensation).
        that race has been completed. There shall be no substitu-        C. Permit applicants shall submit to the Commission the names of
        tions or replacements after post positions have been                 the proposed track officials at least 60 days prior to the begin-
        drawn.                                                               ning of their meet, along with a short biographical sketch of
    46. “Scratch time” means the time set by the permittee for the           each official not previously licensed in the same capacity by
        withdrawing of entries from the races of that day.                   the Department.
    47. “Starting fee” means a fee set by the permittee which            D. A permit application shall specify the number of races to be
        must be paid in order to start in a race. This fee is speci-         run on a daily basis.
        fied by the conditions of the race.                              E. Racing shall be conducted only on those days granted by per-
    48. “Starting greyhound” means a greyhound which leaves                  mit.
        the paddock for the post, excluding:                             F. Permit Application Time-frames.
        a. A greyhound subsequently excused by the stewards,                 1. Administrative completeness review time-frame.
              or                                                                  a. Within 728 days after receiving an application pack-
        b. A greyhound whose starting box door does not open                           age, the Department shall determine whether the
              in front of it at the time the starter dispatches the                    application package contains the information
              field.                                                                   required by subsections (A), (B), (C), and (D).
    49. “Subscription” means the act of nominating to a stakes                    b. If the application package is incomplete, the Depart-
        race.                                                                          ment shall issue a written notice that specifies what
    50. “Supplemental fee” means a fee set by the permittee to                         information is required and return the application. If
        make a greyhound eligible for a stakes race that must be                       the application package is complete, the Department
        paid at a time prescribed by the permittee.                                    shall provide a written notice of administrative com-
    51. “Suspended” means that any privilege granted by the                            pleteness.
        officials of a racing meeting or by the Commission or the                 c. The Department shall deem an application package
        Department has been temporarily withdrawn.                                     withdrawn if the applicant fails to file a complete



Supp. 06-2                                                          Page 30                                                    June 30, 2006
                                                        Arizona Administrative Code                                           Title 19, Ch. 2
                                                        Arizona Racing Commission

                application package within 180 days of being noti-                d.   Exclude from the grounds all persons not eligible for
                fied that the application package is incomplete.                       a license, pursuant to A.R.S. § 5-108, and all other
     2. Substantive review time-frame. Within 30 days after                            undesirables; and
           receipt of a complete application package, the Commis-                 e. Report immediately to the stewards any licensee
           sion, with the recommendation of the Department, shall                      who, while on the premises of the permittee, creates
           determine whether the applicant meets all substantive                       a disturbance, is intoxicated, interferes with any rac-
           requirements and issue a written notice granting or deny-                   ing operation, or acts in an abusive or threatening
           ing a permit.                                                               manner to any racing official or other person.
     3. Overall time-frame. For the purpose of A.R.S. § 41-1073,             2. A security guard stationed at the kennel area entrance that
           the Department establishes the following time-frames for               shall:
           issuing a license:                                                     a. Deny entrance to all persons not holding a license or
           a. Administrative completeness review time-frame:                           credentials issued by the Department or a Depart-
                728 days.                                                              ment pass issued by the permittee; and
           b. Substantive review time-frame: 30 days.                             b. Allow any person seeking employment with the per-
           c. Overall time-frame: 758 days.                                            mittee to have access to the kennel area for a period
4.   Renewal and temporary permit time-frames. The administra-                         of one day, if:
     tive completeness review time-frame is 30 days, the substan-                      i. The person is given a numbered card or tempo-
     tive review time-frame is 30 days, and the overall time-frame                           rary badge;
     is 60 days, excluding time for mailing. The renewal or tempo-                     ii. A list of recipients of the numbered cards or
     rary permit is considered administratively complete unless the                          temporary badges is provided to the track office
     Department issues a written notice of deficiencies to the appli-                        of the Department upon request; and
     cant. Temporary permits are valid until a full permit is                          iii. The numbered card or badge is retrieved by the
     awarded or until the Commission revokes the temporary per-                              security guard when the person leaves the
     mit.                                                                                    restricted area.
                                                                             3. During a race meeting, a permittee shall provide 24-hour
                           Historical Note
                                                                                  security at the entrance to the kennel compound. The per-
          Adopted effective August 5, 1983 (Supp. 83-4).
                                                                                  mittee shall establish a system to monitor those who enter
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                                  and leave the compound ensuring that only licensed per-
      303 recodified from R4-27-303 (Supp. 95-1). Amended
                                                                                  sonnel, authorized visitors, and those whose duties
     effective January 6, 1998 (Supp. 98-1). Amended by final
                                                                                  clearly require entry to the area are permitted access. A
     rulemaking at 11 A.A.R. 5534, effective February 4, 2006
                                                                                  public safety officer or Department employee in the per-
                            (Supp. 05-4).
                                                                                  formance of official duties shall be granted access to the
R19-2-304.       Permittee Responsibilities                                       kennel compound. An unlicensed visitor shall be accom-
A. A permittee shall maintain the grounds in a neat, clean, and                   panied by a licensee or security personnel and shall
    safe condition. If a steward determines that compliance does                  obtain a temporary badge before entering the kennel com-
    not exist, the steward shall require that the permittee immedi-               pound. The licensee requesting the admittance of a visitor
    ately bring the grounds into compliance.                                      is responsible for the conduct of the visitor and shall
B. A permittee shall not allow a person, corporation, firm, or                    ensure that the visitor complies with all Department rules.
    association not licensed by the Department to do or perform              4. A furnished office, including utilities and necessary
    any act at the permittee’s track that requires a license under                office equipment, for exclusive use of Department
    A.R.S. Title 5, Chapter 1, or these rules.                                    employees and officials;
C. A permittee shall ensure that employees of the permittee are              5. A uniformed security official approved by the Depart-
    licensed and shall furnish the Department a list of the employ-               ment shall be on duty in the test area during its regular
    ees upon request.                                                             business hours to:
D. A permittee shall take all steps necessary to deny access to the               a. Provide security; and
    permittee grounds by a person who has been ruled off or                       b. Monitor the collection procedure and sealing of
    whose license has been revoked or suspended.                                       samples taken from the greyhounds;
E. A permittee or any of its employees shall not obstruct in any             6. Adequate space and facilities so that the testing personnel
    way a representative of the Department acting in the perfor-                  may perform inspections, tests, and other collection pro-
    mance of official duties.                                                     cedures;
F. A permittee shall not knowingly allow on its grounds any bet-             7. First aid quarters available during racing hours.
    ting or other operation in contravention of any law of Arizona      I.   A permittee shall ensure that wagering conducted upon the
    or the United States.                                                    grounds of the permittee is done only under the pari-mutuel
G. A permittee who knows of a violation of any racing rule or                method as provided by statute and these rules and by the use of
    statute shall immediately report the violation to the Depart-            mechanical or other equipment as required by the Department.
    ment and shall cooperate with the Department and state, fed-             A permittee shall ensure that there is no bookmaking or betting
    eral, and local authorities in investigation of the violation.           other than by the pari-mutuel method.
H. A permittee shall provide the following services at the track:       J.   A permittee shall not allow the official racing of greyhounds
    1. An adequate security force that shall:                                on any track under its control unless:
          a. Maintain order;                                                 1. All track rules are posted conspicuously and a copy of the
          b. Exclude from the grounds all handbooks, touts, and                   track rules is filed with the Department;
               operators of gambling devices;                                2. The conditions of the race are written by the racing secre-
          c. Exclude from the grounds all persons ruled off by                    tary at the meeting;
               the stewards or the Department;                               3. The entries are made in accordance with the requirements
                                                                                  in R19-2-316; and
                                                                             4. The race is programmed as a part of a regular racing card
                                                                                  conducted under the pari-mutuel system.


June 30, 2006                                                      Page 31                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

K. A simulcast originating from a racing facility within the state                  organization or corporation for federal income tax pur-
   of Arizona may be permitted provided the out-of-state facility                   poses.
   receiving the signal operates under the approval and regulation       B.   No permittee shall charge any expenses incurred by operation
   of an official agency of that state.                                       of racing against the pari-mutuel handle of a charity racing day
L. Each day as soon as the entries have been closed and compiled              or race except those prorated expenses incurred on the day of
   and the declarations have been made, a permittee shall post a              that particular charity racing day or race.
   list of the entries in a conspicuous place.
                                                                                                Historical Note
M. A permittee shall print a racing program each day that contains
                                                                                 Adopted effective August 5, 1983 (Supp. 83-4).
   a list of permittee, track and racing officials, and permittee
                                                                              Amended effective March 20, 1990 (Supp. 90-1). R19-2-
   directors, along with pertinent rules designated by the Depart-
                                                                                  305 recodified from R4-27-305 (Supp. 95-1).
   ment.
N. A permittee may not allow an official to act until the official’s     R19-2-306.       Licensing
   appointment has been approved by the Department; provided,            A. A person participating in any capacity in a racing meeting,
   however, that in the case of sickness or inability to act, the pro-       including any person who performs services in connection
   visions of R19-2-309(A)(5) apply.                                         with the conduct of the racing meeting, shall obtain a license
O. A permittee shall provide a photo finish and videotape device             from the Department, except:
   approved by the Department to record all official races. The              1. A person performing services during a county fair race
   photographs and videotapes may be used to aid the stewards in                  meet who is identified by a steward as a volunteer; or
   determining the finishes of races. A permittee shall retain for           2. A person owning less than 10 percent of outstanding
   three months all official race photographs and videotapes. The                 shares of stock, regardless of classification or type, of any
   Department may require that specific photographs and video-                    permittee or licensee.
   tapes be retained for a longer period or transmitted to the           B. Applications
   Department for use in administrative or judicial proceedings.             1. To apply for a license, a person shall complete the license
P. The Department shall approve any automatic timing device                       application prescribed by the Department.
   installed by a permittee.                                                 2. The Department may issue written instructions regarding
Q. All permittees shall provide annual financial statements                       the preparation and execution of the license application,
   audited and certified by a firm approved by the auditor gen-                   and the instructions may be a part of or separate from the
   eral.                                                                          application form, or both.
   1. The audit shall comply with audit standards prescribed by              3. When an applicant submits a license application, the
         the auditor general.                                                     applicant shall also submit the fee listed in subsection
   2. The financial statements shall be prepared in accordance                    (G). The Department shall ensure that a schedule of
         with generally accepted accounting practices.                            license and fingerprint processing fees is displayed prom-
R. The following information shall accompany the financial                        inently at each track.
   statements on a form provided by the Department:                          4. An applicant who is at least 18 years of age shall submit a
   1. The total amount of salaries and bonuses expense,                           full set of fingerprints to the Department. The fingerprints
   2. Legal and accounting expenses attributable to racing-                       shall be taken by the Department or certified by a munici-
         related matters,                                                         pal police department, sheriff’s office, or other authority
   3. An explanation of the types of revenues and expenses                        acceptable to the Department.
         classified in accounts titled “other”,                              5. An applicant for a trainer license shall demonstrate
   4. Additional information requested by the Commission or                       knowledge and skill in protecting and promoting the
         the Department, and                                                      safety and welfare of animals participating in racing
   5. Financial statements submitted within 120 calendar days                     meetings by passing an examination prescribed by the
         of the end of the calendar year.                                         Department. An applicant who fails to pass the examina-
                        Historical Note                                           tion shall wait at least six months before retaking the
         Adopted effective August 5, 1983 (Supp. 83-4).                           examination.
     Amended subsection (Q) effective June 6, 1986 (Supp.                    6. An applicant for a racing license shall indicate on the
     86-3). Amended effective March 20, 1990 (Supp. 90-1).                        license application whether the applicant hires employees
     Amended effective August 6, 1991 (Supp. 91-3). R19-2-                        or independent contractors to work at an Arizona race-
     304 recodified from R4-37-304 (Supp. 95-1). Amended                          track. For the purposes of this Section, “employee” has
     by final rulemaking at 12 A.A.R. 1771, effective July 1,                     the meaning in A.R.S. § 23-902(B) and “independent
                       2006 (Supp. 06-2).                                         contractor” has the meaning in A.R.S. § 23-902(C).
                                                                                  a. An applicant that hires employees to work at an Ari-
R19-2-305.     Charity Races                                                            zona racetrack shall provide proof of compliance
A. A permittee shall provide the Commission with:                                       with A.R.S. § 23-961(A) by providing to the Depart-
    1. The name of any nonprofit organization or corporation                            ment a copy of the declaration page of the appli-
        selected by the permittee as a charity entitled to benefit                      cant’s workers’ compensation insurance policy.
        from a charity racing day or race.                                        b. The Department shall notify the Industrial Commis-
    2. A list of the names and addresses of all directors, officers,                    sion of Arizona of an applicant that fails to provide
        and shareholders holding 10% or more of the total num-                          proof of workers’ compensation insurance as
        ber of outstanding voting shares of the charitable corpora-                     required in this Section. The Department shall notify
        tion.                                                                           the Industrial Commission of Arizona of an appli-
    3. A brief description of the purposes and activities to be                         cant that hires independent contractors to enable the
        benefited by monies received from the charity racing day                        Industrial Commission of Arizona to investigate the
        or race.                                                                        characterization of the applicant’s workers as inde-
    4. A copy of an Internal Revenue Service letter of determi-                         pendent contractors.
        nation qualifying the particular charity as an exempt


Supp. 06-2                                                          Page 32                                                     June 30, 2006
                                                         Arizona Administrative Code                                            Title 19, Ch. 2
                                                         Arizona Racing Commission

C.   Each applicant and licensee shall know and follow the rules                   Association of Racing Commissioners International, Inc.
     governing racing in Arizona.                                                  and the North American Pari-mutuel Regulators Associa-
D.   License procedure                                                             tion.
     1. Under delegation from the Director, a steward shall grant        F.   General requirements and restrictions
         or deny a temporary license and transmit the license                 1. A licensee who is employed in more than one category or
         application to the Director.                                              who changes from one category to another shall be
     2. In considering each application for a license, a steward                   licensed in each category.
         may require the applicant, as well as the applicant’s                2. A licensee who is an official at different types of tracks
         endorsers, to appear before the steward and show that the                 (horse, harness, or greyhound) shall be licensed at each
         applicant is qualified in every respect to receive the                    type of track.
         license requested. The steward shall grant a license only            3. The Director or designee shall not license a person who is
         if the applicant meets all the requirements in A.R.S. Title               less than 16 years of age in any capacity other than as an
         5, Chapter 1, and these rules.                                            owner; and shall not license a person who is less than 18
     3. Licensing time-frame.                                                      as an official, trainer, or assistant trainer. A person who is
         a. Administrative completeness review time-frame                          less than 18 who is licensed as an owner, shall have a par-
               i. Within 85 days after receiving a license appli-                  ent or guardian sign the owner’s license application,
                     cation, the Department shall determine whether                assuming full financial responsibility for the owner,
                     the license application contains the information              before that owner is eligible to be licensed.
                     required by subsection (B).                              4. A license expires on January 31, 1996, and every third
               ii. If the license application is incomplete, the                   year thereafter, except that one-year licenses issued for
                     Department shall issue a written notice that                  mutuel workers, concession workers, lead-outs, cool-
                     specifies what information is required and                    outs, and peace officers expire each year on January 31.
                     return the license application. If the license           5. When present in the kennel area of a greyhound track, the
                     application is complete, the Department shall                 paddock area, or any other restricted area, a person shall
                     provide a written notice of administrative com-               wear in full view a photo identification badge issued by
                     pleteness.                                                    the Department or pass issued by the permittee.
               iii. The Department shall deem a license applica-         G.   Fees.
                     tion withdrawn if the applicant or licensee fails                                                     1st      2nd      3rd
                     to file a complete license application within 10                                                   Year       Year     Year
                     days of being notified that the license applica-          1. Three-year licenses:
                     tion is incomplete.                                          a. New kennel name:                   $124       $112     $100
         b. Substantive review time-frame. Within five days                       b. Owner/trainer:                      $75        $50      $25
               after determining that a license application, is                   c. Racing kennel, breeding             $75        $50      $25
               administratively complete, the Department shall                        farm, or other operation:
               determine whether the applicant or licensee meets
                                                                                  d. Owner, trainer, veterinar-          $36        $24      $12
               all substantive requirements and the Director, or des-
                                                                                      ian, official, lessee, les-
               ignee, shall issue a written notice granting or deny-
                                                                                      sor, assistant trainer,
               ing a license.
                                                                                      kennel name renewal, or
         c. Overall time-frame. For the purpose of A.R.S. § 41-
                                                                                      kennel owner:
               1073, the Department establishes the following
               time-frames for issuing a license:                                 e. Occupational license:                $15       $10       $5
               i. Administrative completeness review time-                     2. One-year license:                        $7
                     frame: 85 days.                                           3. Duplicate license:                       $5        $5       $5
               ii. Substantive review time-frame: five days.                   4. Authorized agent when                    $5        $5       $5
               iii. Overall time-frame: 90 days.                                  licensed in another category:
     4. Temporary license. All licenses are temporary for 90 days              5. Authorized agent when not              $36        $24      $12
         under A.R.S. § 5-108(F). Unless the Director denies a                    licensed in another category:
         license to an applicant, a temporary license automatically      H. Authorized agents
         becomes the license after 90 days.                                 1. A person may hold a license solely as an authorized agent
     5. The Department shall perform a background investiga-                    or be licensed as an authorized agent and be licensed in
         tion of an applicant including fingerprint processing                  another category.
         through the Department of Public Safety and the FBI, and           2. The principal shall sign the license application on behalf
         reviewing records of the Association of Racing Commis-                 of an authorized agent and clearly identify the powers of
         sioners International, Inc., North American Pari-mutuel                the agent, including whether the agent is empowered to
         Regulators Association, information systems, courts, law               collect money from the permittee. The license application
         enforcement agencies, and Department within the time-                  shall be either notarized or signed in the presence of a
         frame prescribed in subsection (D)(3).                                 Department employee and a copy filed with the track
E.   Denials                                                                    bookkeeper. If there is a separate power of attorney, the
     1. A license may be denied if the applicant:                               principal shall file a copy of the instrument with the
         a. Has been or is intoxicated or a user of a narcotic as               bookkeeper and the Department.
               defined at A.R.S. § 36-2501(A)(8) within the                 3. To change an agent’s powers or revoke an agent’s author-
               grounds of the permittee; or                                     ity, the principal shall describe the changed powers or
         b. Fails to disclose the true ownership or interest in any             revoked authority in writing that is either notarized or
               greyhound.                                                       signed in the presence of a Department official, and filed
     2. When a license is denied, the Director shall report the                 with the Department and the track bookkeeper.
         reason for the denial in writing to the applicant and to the


June 30, 2006                                                       Page 33                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

                           Historical Note                               K. The kennel name shall be carried on the official program as the
          Adopted effective August 5, 1983 (Supp. 83-4).                    name of the owner.
      Amended subsections (G) and (I) effective January 25,
                                                                                                Historical Note
       1985 (Supp. 85-1). Amended subsections (F) and (G)
                                                                                 Adopted effective August 5, 1983 (Supp. 83-4).
     effective December 5, 1985 (Supp. 85-6). Amended sub-
                                                                              Amended effective March 20, 1990 (Supp. 90-1). R19-2-
      sections (F) and (G) effective February 19, 1987 (Supp.
                                                                                  307 recodified from R4-27-307 (Supp. 95-1).
     87-1). Amended subsections (A) and (B) effective Octo-
     ber 23, 1987 (Supp. 87-4). Amended subsections (E), (F)             R19-2-308.        Owners, Kennel Owners, and Trainers
        and (G) effective November 30, 1988 (Supp. 88-4).                A. An owner, kennel owner, and trainer shall comply with the
         Amended effective March 20, 1990 (Supp. 90-1).                      rules in this Article.
      Amended effective January 13, 1995 (Supp. 95-1). R19-              B. The decisions of the stewards on all questions to which the
     2-306 recodified from R4-27-306 (Supp. 95-1). Amended                   stewards’ authority extends, are final, subject to the right of
     effective January 6, 1998 (Supp. 98-1). Amended by final                appeal to the Department pursuant to R19-2-322.
       rulemaking at 10 A.A.R. 4483, effective December 4,               C. When a trainer or assistant trainer is absent from the kennel or
                         2004 (Supp. 04-4).                                  grounds where the trainer’s greyhounds are racing, the trainer
R19-2-307.       Kennel Names                                                or assistant trainer shall provide a substitute licensed trainer or
                                                                             assistant trainer responsible for the greyhounds. Both the
A. A licensed owner wishing to race under a kennel name shall
                                                                             absent and substitute trainer shall sign a “Trainers’ Responsi-
    register with the Department and shall pay the fee set forth in
                                                                             bility Form” approved by the stewards.
    these rules.
                                                                         D. An owner, kennel owner, trainer, assistant trainer, race track
    1. Only owners may register or secure a license under a ken-
                                                                             employee, or other licensee shall not accept, directly or indi-
         nel name.
                                                                             rectly, any bribe, gift, or gratuity in any form with the intent to
    2. A name other than the legal name(s) of the owner(s) shall
                                                                             influence the result of any race.
         be deemed to be a kennel name.
                                                                         E. The trainer of an entered greyhound shall bring the greyhound
B. The registration referred to in paragraph (1) of this subsection
                                                                             to the weighing-in room at the appointed time unless the stew-
    shall include the identity of the individual, partnership, or cor-
                                                                             ards grant additional time for extenuating circumstances. If the
    poration represented by the kennel name.
                                                                             greyhound is not brought to the weighing-in room at the
    1. All persons represented by a kennel name shall have
                                                                             appointed time, the stewards shall scratch the greyhound and
         owners’ licenses.
                                                                             the trainer may be fined for failing to do so.
    2. All persons represented by a kennel name shall sign an
                                                                         F. A trainer shall report any greyhound, under the trainer’s care
         authorized agent’s application which appoints one person
                                                                             or supervision, that is off racing form or is in poor physical
         to act as the agent for the kennel name.
                                                                             condition to the racing secretary, who shall immediately notify
    3. If the kennel name represents a corporation:
                                                                             the stewards. A reported greyhound shall not enter or start
         a. The corporation shall register to do business accord-
                                                                             until approved by the track veterinarian and schooled to the
               ing to the laws of the state of Arizona;
                                                                             satisfaction of the stewards. A trainer who violates this rule is
         b. The corporation shall submit a complete list of
                                                                             subject to a civil penalty or suspension or to ruling off.
               stockholders and the number of shares owned by
                                                                         G. An owner, kennel owner, or trainer shall ensure that no medi-
               each stockholder whose ownership exceeds 10% of
                                                                             cine, antiseptic, fluid, or other matter containing any color that
               the number of shares owned by each;
                                                                             may cause the marring of identification marks is used on any
         c. The corporation shall notify the Department imme-
                                                                             part of a greyhound.
               diately if any change of stock ownership occurs
                                                                         H. An owner, kennel owner, trainer, or other licensee with an
               which exceeds 10%;
                                                                             interest in any greyhound at a meeting licensed by the Com-
         d. The corporate name under which the corporation
                                                                             mission, who places a wager with or through any handbook,
               does business in Arizona shall be considered a ken-
                                                                             shall be:
               nel name for purposes of these rules.
                                                                             1. Ejected from the grounds of the permittee;
C. A kennel name other than a corporate kennel name may be
                                                                             2. Refused admission to the grounds of all other licensed
    changed at any time by registering a new kennel name and by
                                                                                   permittees in the state of Arizona; and
    paying the fee set forth in these rules.
                                                                             3. Denied entry of any greyhound by all permittees in Ari-
D. A registered kennel name may be abandoned by a licensed
                                                                                   zona.
    owner after written notice of such abandonment has been
                                                                         I. A trainer shall not have an ownership interest in a greyhound
    given to the Department.
                                                                             located at the track at which the trainer trains unless the trainer
E. A kennel name must be plainly distinguishable from any other
                                                                             trains the greyhound. For purposes of this rule, a reversionary
    registered kennel name.
                                                                             interest in a greyhound, pursuant to a lease or other agreement
F. A licensed owner shall not register as his or her kennel name:
                                                                             that transfers control of the greyhound, is not an ownership
    1. One which the Department determines to be misleading
                                                                             interest.
         to the public; or
                                                                         J. The kennel owner or trainer shall ensure that each greyhound
    2. One which the Department determines to be unbecoming
                                                                             owner is licensed before the greyhound runs in a race.
         to the sport.
G. A licensed owner shall not be a party to more than one kennel                                 Historical Note
    name at one time.                                                             Adopted effective August 5, 1983 (Supp. 83-4).
H. A licensed owner shall not use his legal name for racing pur-               Amended effective November 30, 1988 (Supp. 88-4).
    poses if he or she has a registered kennel name within the state          Amended effective March 20, 1990 (Supp. 90-1). R19-2-
    of Arizona.                                                               308 recodified from R4-27-308 (Supp. 95-1). Amended
I. Only one kennel shall be registered under a kennel name.                   by final rulemaking at 12 A.A.R. 1771, effective July 1,
J. All persons represented by or operating under a kennel name                                  2006 (Supp. 06-2).
    shall be liable for all entry fees and penalties against the ken-
    nel.


Supp. 06-2                                                          Page 34                                                      June 30, 2006
                                                         Arizona Administrative Code                                           Title 19, Ch. 2
                                                         Arizona Racing Commission

R19-2-309. Officials                                                              appropriate, and make a full report of their action to the
A. Generally                                                                      Department.
    1. Track official” means the following persons employed by                2. A grievance or complaint against an official or employee
         a permittee and approved and licensed by the Depart-                     of the Department shall be reported to the Director or the
         ment: Director of Racing, one steward, mutuel manager,                   Director’s designee in writing within five days of the
         clerk of scales, starter, timer, paddock judge, veterinarian,            alleged objectionable act or behavior.
         track superintendent, racing secretary, assistant racing             3. The Department reserves the right to demand a change of
         secretary, chart writer, kennel master, and operator of the              any official or employee for good cause.
         mechanical lure.                                                E.   Stewards
    2. The following are the “Department Officials” appointed                 1. Two stewards appointed by the Director and one steward
         by and representing the Department: two stewards, state                  appointed by the permittee and licensed by the Director
         mutuel supervisor, a Department veterinarian, and an                     shall supervise each racing meeting.
         investigator.                                                            a. The Stewards shall be in attendance at the office of
    3. One person may serve in more than one official position                          the racing secretary or on the grounds of the permit-
         if such person can do so without detriment to any of the                       tee on any day that entries are taken or racing is con-
         other positions, and if such person has the consent and                        ducted, and represent the Department in all matters
         approval of the Department, provided that neither the rac-                     pertaining to interpretation of the Department’s
         ing secretary nor the permittee director of racing may                         rules.
         serve as a steward.                                                      b. The stewards shall advise the Director of all rulings
    4. In all rulings by the stewards, majority of the stewards is                      and hearings held.
         deemed to be controlling.                                                c. If a steward is unable to perform the steward’s duties
    5. Vacancies:                                                                       for an extended period of time, the steward shall
         a. When a vacancy occurs among officials other than                            immediately notify the Director so that an alternate
               stewards, the stewards shall fill the vacancy prior to                   steward may be named to act in the steward’s place.
               post time of the first race of the day or when the             2. The stewards shall enforce the rules and statutes of the
               vacancy occurs. The appointment shall be effective                 state of Arizona.
               only for the day unless the permittee fails to fill the        3. The stewards shall interpret the rules and decide all ques-
               vacancy on the following day and has notified the                  tions not specifically covered by the rules. In these inter-
               stewards of its action not less than one hour before               pretations, an order of the stewards supersedes an order
               the post time of the first race of the following day.              of the permittee.
               Such an appointment shall be reported promptly to                  a. The stewards shall have control over and shall have
               the Department.                                                          free access to all stands, enclosures, and all other
         b. If a vacancy occurs among the stewards, the stew-                           places within the grounds of the permittee.
               ards present shall appoint one or two persons to                   b. The stewards shall investigate and render a decision
               serve as temporary stewards. Appointments made                           promptly on each objection properly made to them
               under this rule shall be reported in writing to the                      under R19-2-320. A majority of the stewards shall
               Department.                                                              sign each ruling.
         c. In case of emergency, the stewards may appoint a                      c. The stewards shall supervise all entries and declara-
               substitute to fill a vacancy for that emergency only.                    tions. They may refuse entries or the transfer of any
    6. Minors shall not be licensed as officials.                                       entries for violations of the rules or of the statutes.
    7. A person with an interest in the result of a race because of               d. The stewards shall have the power to regulate and
         an ownership interest in an entered greyhound, a bet, or in                    control the conduct of all officials and all other per-
         any other manner may not act as an official at the meet-                       sons attending or participating in any manner in a
         ing.                                                                           racing meeting.
    8. “Employee” means any person, other than a track official,                  e. The stewards, in order to maintain necessary safety
         who is employed by a permittee.                                                and health conditions and to protect the public confi-
B. Prohibited acts                                                                      dence in greyhound racing as a sport, shall have the
    1. An official or the official’s assistant shall not purchase                       right to authorize a person or persons in their behalf
         mutuel tickets on races.                                                       to enter into or upon the buildings, kennels, rooms,
    2. An official or the official’s assistant shall not consume                        motor vehicles, trailers, or other places within the
         alcoholic beverages while on duty.                                             grounds of a licensed race track, to examine same,
    3. A licensee or a race track employee shall not accept,                            and to inspect and examine the person, personal
         directly or indirectly, any bribe, gift, or gratuity in any                    property, and effects of any person within such
         form that is intended to or might influence the results of                     place, and to seize any items prohibited under R19-
         any race or the conduct of any racing meeting.                                 2-311(5) and (6) or any other illegal article.
    4. An official or employee shall not write or solicit dog                     f. Under subsection (E)(6), the stewards may impose a
         insurance at any meeting.                                                      civil penalty in an amount not to exceed $1,000 on
C. Each official and employee shall report all observed violations                      any person subject to the stewards’ control for viola-
    of these rules to the stewards.                                                     tion of these rules. After a hearing, the stewards may
D. Complaints                                                                           suspend a person violating any of these rules for up
    1. A grievance or complaint against a track official, an                            to 60 days and may rule off a licensee violating any
         employee of the permittee, or a licensee shall be submit-                      of these rules. The stewards may impose both a civil
         ted to the stewards in writing within five days of the                         penalty and suspension for the same violation. The
         alleged objectionable act or behavior. The stewards shall                      stewards may refer any ruling made by them to the
         consider the matter, take whatever action is deemed to be                      Director recommending further action, including
                                                                                        license revocation.


June 30, 2006                                                       Page 35                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

         g.    When the state laboratory reports or other evidence                  b.   The stewards shall give 24-hours’ notice of the hear-
               shows the administration or presence of a foreign                         ing to the person, in writing, on a form supplied by
               substance, the stewards shall immediately investi-                        the Department. The stewards shall time and date
               gate the matter and may disqualify the affected grey-                     the notice, and the person notified shall sign it. The
               hound, suspend the trainer or other person involved,                      stewards shall retain the original and include it as
               refer the matter to the Director, and impose a fine.                      part of the case file. The steward shall give a copy to
         h. A person or greyhound expelled or ruled off by a                             the person summoned.
               recognized racing authority for corrupt, fraudulent,                c. The steward shall not impose a penalty until the
               or improper practice or conduct is ruled off wher-                        hearing.
               ever these rules have force.                                        d. The stewards shall construe nonappearance of the
         i. When a person is under suspension, the stewards                              summoned person as a waiver of the right to a hear-
               shall rule off or expel every greyhound wholly or                         ing before the stewards.
               partly owned by the person while the suspension                     e. The stewards shall permit the person summoned to
               continues. The person under suspension is not quali-                      present witnesses on the person’s own behalf.
               fied, whether acting as agent or otherwise, to sub-                 f. The stewards shall take appropriate action, including
               scribe for, or to enter or run any greyhound in any                       suspension, civil penalty, or both if there is substan-
               race, in either the person’s name or that of any other                    tial evidence to find a violation of these rules. The
               person. A greyhound of which the person under sus-                        stewards shall promptly forward their written deci-
               pension is wholly or partly the owner, or which is                        sion or ruling to the Director and to the person in
               under the person’s care, management, training, or                         question.
               supervision, or in the winnings of which the person                 g. In the interest of the health, safety, and welfare of
               has any interest, is not qualified to be entered to run                   the people of the state of Arizona, the stewards may
               in any race. If an entry is received from a person or                     summarily declare a grey hound scratched and may
               for a greyhound that stands ruled off or expelled, the                    suspend a license pending a stewards’ hearing.
               entry is void, and any entry or subscription money is               h. The stewards shall recover and forward to the
               forfeited. A person who wins any money or prize                           Department any license they suspend.
               under a voided entry shall return the money or prize                i. A majority vote of the stewards shall determine all
               to the track.                                                             matters within their jurisdiction.
    4.   The stewards may excuse a greyhound that has left the                     j. The stewards have the power to modify, change, or
         paddock for the post if they consider the greyhound to be                       remit any ruling imposed by them.
         crippled, disabled, or unfit to run.                                      k. A licensee against whom a civil penalty is assessed
    5.   The stewards shall determine the finish of a race by the                        shall promptly pay to the Department the civil pen-
         relative position of the muzzles or noses of each grey-                         alty for deposit with the state treasurer.
         hound. They shall immediately notify the permittee pari-              7. During the term of suspension of an owner, trainer, or
         mutuel department of the numbers of the first four grey-                  other person on a track under the jurisdiction of the
         hounds.                                                                   Department, the stewards and the permittee shall ensure
         a. The stewards shall promptly display the numbers of                     that a ruling against the owner, trainer, or other person is
               the first four greyhounds in each race in order of                  enforced.
               their finishes. If the stewards differ in their placing,   F.   Racing secretary
               the majority shall prevail.                                     1. The racing secretary shall:
         b. The stewards may consult the photo finish device                       a. Report to the stewards all violations of these rules or
               provided by the permittee to aid them in determining                      of the rules of the permittee that come to the racing
               the finish of a race.                                                     secretary’s attention; and
               i. In any instance where the pictures furnished are                 b. Keep a complete record of all races.
                     not adequate or usable, the decision of the               2. The racing secretary or the racing secretary’s designee
                     stewards shall be final and need not be gov-                  shall inspect all papers and documents dealing with own-
                     erned in any manner by the photograph.                        ers and trainers, partner agreements, appointments of
               ii. If it is considered advisable to consult a picture              authorized agents, and adoption of kennel names. The
                     from the photo finish device, the stewards may                racing secretary may demand production of documents
                     post the placements that are, in their opinions,              and papers to verify their validity and authenticity and to
                     unquestionable without waiting for a picture.                 ensure that the rules have been followed.
                     After consulting the picture they shall post the          3. The racing secretary shall write the conditions of all races
                     other placements. A race may not be declared                  and publish them sufficiently before closing time for
                     official until the stewards have determined the               entries to allow them to be read by all owners and train-
                     greyhounds finishing first, second, third, and                ers. The racing secretary shall not alter the conditions
                     fourth.                                                       after the time set for closing. The racing secretary shall
         c. The rules shall not prevent the stewards from cor-                     not write races that conflict with the rules.
               recting an error before the display of the sign “offi-          4. The racing secretary shall act as the official handicapper
               cial” or from recalling the sign “official” if it is                in all races.
               displayed through error.                                        5. The racing secretary shall determine the character and
    6.   The stewards shall adhere to the following procedure                      condition of substitute and extra races, and shall submit
         when they have reason to believe that a rule has been vio-                them to the stewards for approval.
         lated by any person:                                                      a. A substitute or extra race shall not carry a lower
         a. The stewards shall summon the person to a hearing                            guaranteed purse than the race that it replaces.
               with all the stewards present.




Supp. 06-2                                                           Page 36                                                     June 30, 2006
                                                         Arizona Administrative Code                                         Title 19, Ch. 2
                                                         Arizona Racing Commission

          b.  If a race is canceled or declared off, the racing secre-                owner and trainer and the breeding, weight, color,
              tary may split any race programmed for the same                         sex, and characteristic markings, tattoos, scars, and
              day which previously may have been closed.                              other identification features peculiar to the grey-
   6. The racing secretary or the racing secretary’s designee                         hound.
        shall conduct the drawing of all races and immediately              2. Under the supervision of the paddock judge, the kennel
        post an overnight listing of the greyhounds in each race.               master shall unlock the kennels immediately before
   7. The racing secretary shall not allow any greyhound to                     weigh-in time to see that the kennels are in perfect repair
        start in a race unless the greyhound is entered in the name             and that nothing has been deposited in any of the kennels
        of the legal owner and unless the owner’s name appears                  for the greyhounds’ consumption. The kennel master
        on the registration papers or on a legal lease or bill of sale          shall ensure that the kennels are sprayed, disinfected, and
        attached to the registration papers.                                    kept in proper sanitary condition. The kennel master or
G. Assistant racing secretary. The duty of the assistant racing sec-            assistant shall receive the greyhounds from their trainers,
   retary shall be to assist the racing secretary in the performance            one at a time, ensure that the greyhounds are placed in
   of the racing secretary’s duties and under the racing secretary’s            their kennels, and remain on guard from that time until
   supervision.                                                                 the greyhounds are removed for the last race.
H. Starter                                                                  3. As each greyhound is weighed in the clerk of scales shall
   1. The starter has complete jurisdiction over the start of any               attach an identification tag to the collar indicating the
        field of greyhounds, authority to give orders necessary to              number of the race in which the greyhound is entered and
        ensure a fair start, and authority to recommend to the                  its post position. The tag shall not be removed until the
        stewards that a person who violates the starter’s orders be             greyhound has been weighed out and blanketed.
        fined or suspended.                                                 4. The paddock judge shall not allow anyone to weigh in a
   2. A greyhound shall start from a starting box approved by                   greyhound for racing unless the person has a valid
        the Department. A starter shall ensure there is no start                owner’s, trainer’s, or assistant trainer’s license issued by
        until, and no recall after, the doors of the starting box               the Department.
        have opened. The starter shall report any cause of delay            5. After the greyhounds are placed in the lockout kennels,
        to the stewards.                                                        only the kennel master, racing official, a person approved
   3. A false start due to any faulty action of the starting box,               by the Department, or a designated representative of the
        break in the machinery, or other cause, is void. The grey-              Department is allowed in or near the lockout kennels.
        hounds may be started again as soon as practicable or the           6. The paddock judge shall carefully compare the identifica-
        race may be canceled at the discretion of the stewards.                 tion card with the greyhound while in the paddock before
I. Clerk of the scales                                                          post time.
   1. The clerk of the scales shall:                                        7. Before leaving the paddock for the starting box, the pad-
        a. Weigh all greyhounds in and out;                                     dock judge shall ensure that every greyhound is equipped
        b. Post the scale sheet of weights promptly after weigh-                with a regulation muzzle and blanket. The paddock judge
              ing;                                                              shall approve the muzzles and blankets and carefully
        c. Prevent any greyhound from passing the scales or                     examine them in the paddock before the greyhound
              running with an overweight or an underweight of                   leaves for the post.
              more than two pounds. The clerk of scales shall               8. The paddock judge shall keep on hand, ready for use,
              promptly notify the paddock judge, who shall report               extra muzzles of all sizes, lead straps, and collars.
              to the stewards, any infraction of the rules as to            9. The paddock judge shall report all corrupt practices and
              weight or weighing; and                                           irregularities to the stewards.
        d. Report all late scratches and weights on a bulletin           K. Timer
              board located in a place conspicuous to the wagering          1. The timer shall accurately record the official time of each
              public.                                                           race, which shall be taken from the opening of the doors
   2. The clerk of the scales shall report to the stewards any                  of the starting box. A steward may also perform this func-
        violations of weight rules or any attempt to alter specified            tion.
        weights.                                                            2. A permittee shall install an automatic timing device
   3. The clerk of scales shall weigh in and weigh out all grey-                approved by the Department. The timer shall use the time
        hounds with the muzzle, collar, and lead strap.                         shown on the timing device as the official time of the race
   4. The clerk of scales shall keep a list of all greyhounds                   if the timer is satisfied that the timing device is function-
        known as “weight losers” and notify the presiding stew-                 ing properly. If the timing device is not functioning prop-
        ard as to the weight loss before each race.                             erly, the timer shall use the time shown on the stopwatch
J. Paddock judge                                                                the timer operates. The track announcer shall announce
   1. Identification of greyhounds:                                             the time to the public if the stopwatch time is used as the
        a. The paddock judge shall check all greyhounds for                     official time of the race.
              each race.                                                 L. Chart writer
        b. A greyhound shall not start in a schooling or purse              1. The chart writer shall compile the information necessary
              race unless it has been fully identified and checked              for a program printed for each racing day. The program
              against the card index system of identification main-             shall list the names of the greyhounds that are to run in
              tained by the permittee. The paddock judge shall                  each of the races for that day. The names shall appear in
              complete an identification card for each greyhound                the order of post position designated by numerals placed
              before the greyhound is entered for a schooling or                at the left and in line with the names of the greyhounds in
              purse race.                                                       each race. The numerals shall also be prominently dis-
        c. A permittee shall keep and maintain a card index                     played on each greyhound.
              system for identification of each greyhound racing at         2. All past performances as shown in the program shall be in
              a meeting. The cards shall contain the names of the               dated order of the races or official schoolings, with the


June 30, 2006                                                       Page 37                                                      Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

        last performance appearing on the first line. The program                d.   Veterinarians engaged in private practice on tracks
        or form sheet shall also contain the name, color, sex, date                   under the jurisdiction of the Department shall be
        of whelping, breeding, established racing weight, number                      licensed by both the Arizona State Board of Veteri-
        of starts in official races and number of times finishing                     narian Medical Examiners and the Department.
        first, second, and third, name of the owner and trainer,                 e.   Only a veterinarian licensed by the Department shall
        distance of the race, the track record, and any other infor-                  administer to or prescribe for a greyhound on the
        mation that will enable the public to properly judge the                      premises of a permittee except in case of emergency.
        greyhound’s ability.                                                     f.   A new or experimental medication or drug shall not
   3. When the name of a greyhound is changed, both the new                           be used on the grounds of a permittee unless the
        name and the former name shall be published in the offi-                      Department, acting on the recommendation of the
        cial entries and program for the greyhound’s next three                       Department veterinarian, approves the new or exper-
        starts.                                                                       imental medication or drug.
M. Veterinarians
                                                                                                Historical Note
   1. The Department shall approve official veterinarians
                                                                                Adopted effective August 5, 1983 (Supp. 83-4).
        licensed to practice veterinary medicine in the state of
                                                                             Amended subsections (A) and (E) effective November
        Arizona. Each permittee shall employ one official veteri-
                                                                              30, 1988 (Supp. 88-4). Amended effective March 20,
        narian who is known as the track veterinarian. The
                                                                             1990 (Supp. 90-1). R19-2-309 recodified from R4-27-
        Department shall employ the other official veterinarian.
                                                                              309 (Supp. 95-1). Amended effective August 7, 1996
   2. The Department veterinarian shall be in charge of all
                                                                            (Supp. 96-3). Amended by final rulemaking at 11 A.A.R.
        sample collection.
                                                                                 5534, effective February 4, 2006 (Supp. 05-4).
   3. The track veterinarian shall be present during all official
        races and all official schooling races and shall observe       R19-2-310.        Lead-outs
        each greyhound as it enters the lockout kennel, examine it     A. Owners, trainers, or attendants shall not be allowed to lead
        when it enters the paddock before the race, and recom-             their greyhounds from the paddock to the starting box except
        mend to the stewards that a greyhound be scratched when            in schooling races. The greyhounds shall be led from the pad-
        the veterinarian deems the greyhound unsafe to race or             dock to the starting box by lead-outs provided by each permit-
        physically unfit to produce a satisfactory effort in a race.       tee and licensed by the Department.
   4. The track veterinarian shall place a greyhound deemed                1. Lead-outs shall be assigned to post position by the pad-
        unsafe, unsound, or unfit on a suspension list and shall                 dock judge or his or her designee by lot before the first
        post the list in a conspicuous place available to all own-               race of each race program; a record thereof shall be main-
        ers, trainers, and officials.                                            tained.
   5. After a greyhound is placed on a suspension list, it shall           2. Lead-outs shall be required to present a neat appearance
        not race until it is removed from the list by the track vet-             and conduct themselves in an orderly manner and must be
        erinarian with the approval of the Department veterinar-                 attired in clean uniforms provided by the permittee.
        ian.                                                               3. The lead-out shall handle the greyhound in a humane
   6. The Department veterinarian shall inspect and report to                    manner, put the greyhound in its proper box before the
        the Department the condition of every kennel at the track                race, and then retire to an assigned place.
        of the permittee. The inspections shall be made at a time      B. Lead-outs are prohibited from holding any conversation with
        of the Department’s choosing. The report filed with the            the public either in the paddock, en route to the starting post,
        Department shall cover the general physical condition of           or while returning to the paddock.
        the dogs, sanitary conditions of the kennels, segregation      C. No lead-out shall be permitted to have any interest in the grey-
        of bitches in season, segregation of sick dogs, the types of       hounds racing for said permittee.
        medicine found in use, and any other matters or condi-         D. Lead-outs are prohibited from wagering on the result of any
        tions that the Department veterinarian deems worthy of             greyhound racing at the track to which they are assigned.
        note.
   7. The entry of a greyhound on the Department veterinari-                                  Historical Note
        ans’ suspension list is accepted only after final approval             Adopted effective August 5, 1983 (Supp. 83-4).
        by both the track and Department veterinarians and after            Amended effective March 20, 1990 (Supp. 90-1). R19-2-
        a minimum of three calendar days from the date the grey-                310 recodified from R4-27-310 (Supp. 95-1).
        hound was placed on the veterinarians’ list.                   R19-2-311.       Prohibited Acts
   8. Every veterinarian licensed by the Department shall keep         Generally:
        a written record of the veterinarian’s practice on the             1. No licensee shall enter, cause, or permit to be entered or
        grounds of a permittee relating to greyhounds participat-               to start a greyhound which he or she knows or has reason
        ing in racing.                                                          to believe should be disqualified.
        a. This record shall include:                                      2. No veterinarian licensed to practice on a track under the
              i. The name of the greyhound treated;                             jurisdiction of the Department shall own, lease, or train
              ii. The nature of the greyhound’s ailment;                        greyhounds racing at the track on which he or she prac-
              iii. The type of treatment prescribed and performed               tices.
                   for the greyhounds; and                                 3. No person shall participate in any unauthorized race on a
              iv. The date and time of such treatment.                          track while a racing meeting is in progress.
        b. The veterinarian shall keep this record for practice            4. No person shall offer or receive any money or other con-
              engaged in at all licensed tracks.                                sideration for declaring any entry out of a purse or stakes
        c. The veterinarian shall produce this record without                   race.
              delay upon request of the stewards or the Depart-            5. No person shall possess, within the grounds of any per-
              ment.                                                             mittee, any electrical, mechanical, or other device, other
                                                                                than ordinary equipment, which may be used to affect the


Supp. 06-2                                                        Page 38                                                   June 30, 2006
                                                        Arizona Administrative Code                                           Title 19, Ch. 2
                                                        Arizona Racing Commission

          speed or racing condition of a greyhound. Such posses-             16. Test samples.
          sion includes, but is not limited to, possession:                      a. Animal testing.
          a. On the person,                                                           i. Any greyhound in any race may be subjected
          b. In living or sleeping quarters,                                               by the order of a steward or Department veteri-
          c. In an assigned kennel, feed room, or other area,                              narian to urine, blood, or other tests for the pur-
          d. In a motor vehicle or trailer.                                                pose of determining the presence of any foreign
    6.    No person other than a physician or veterinarian licensed                        substance.
          by the Department may possess, within the grounds of                        ii. Samples of urine, blood, or other test sub-
          any permittee, any foreign or prohibited substance, inject-                      stances shall be taken by persons approved by
          able vial, hypodermic needle, syringe, or any other instru-                      the Department.
          ment which might be used for injection, without written                     iii. A steward may authorize the splitting of any
          permission of the stewards. Such possession includes, but                        sample.
          is not limited to, possession:                                              iv. The Department veterinarian may require blood
          a. On the person,                                                                or urine samples to be stored in a frozen state
          b. In living or sleeping quarters,                                               for future analysis.
          c. In an assigned kennel, feed room, or other area,                         v. The owner, trainer, or their representative may
          d. In a motor vehicle or trailer.                                                be present at all times during the taking and
    7.    No licensee listed in A.R.S. § 5-104 shall apply, inject,                        sealing of such tests and samples.
          inhale, ingest, or in any way use any prohibited substance                  vi. Documents evidencing the procedure shall be
          while on permittee grounds, unless, upon the request of a                        signed by the owner, trainer, or assistant trainer.
          steward, a licensee can produce evidence that the posses-              b. Human testing.
          sion or use of a prohibited substance is pursuant to a law-                 i. As set forth in A.R.S. § 5-104(C) and subsec-
          fully issued prescription.                                                       tion (7), licensee shall immediately submit to
    8.    No licensee or race track employee shall accept, either                          blood, urine, or other tests ordered by the stew-
          directly or indirectly, any bribe, gift, or gratuity in any                      ards, if the stewards have reason to believe said
          form which is intended to or might influence the results                         licensee is under the influence of or in posses-
          of any race or the conduct of any racing meeting.                                sion of any prohibited substance or has con-
    9.    No licensee, while on the premises of the permittee, shall                       sumed alcohol in violation of subsection (9).
          create a disturbance, be intoxicated, interfere with any                    ii. A test sample shall be taken in the presence of a
          racing operation, or act in an abusive or threatening man-                       steward or the steward’s designee, submitted in
          ner to any racing official or other person.                                      a container furnished by the Department and
    10.   No person other than a veterinarian licensed by the                              immediately sealed by the steward or steward’s
          Department shall administer to or prescribe for grey-                            designee in the presence of the licensee being
          hounds on the grounds of any permittee.                                          tested.
          a. Reports of any drugs or treatments prescribed or                         iii. The container shall be marked with the follow-
                administered at the track shall be made to the                             ing items:
                Department in a manner it shall set forth.                                 (1) Sample identification number;
          b. Notwithstanding the provisions of subsection (10),                            (2) Time, date, and location where the sample
                any veterinarian may treat a greyhound if an emer-                               was given; and
                gency involving the life or health of such greyhound                       (3) The signature of Department personnel
                exists.                                                                          sealing the container.
    11.   Notwithstanding the provisions of subsection (16)(a), no                    iv. The container shall be submitted to a Depart-
          person shall administer or cause to be administered to any                       ment-approved laboratory for analysis of the
          greyhound entered in a race any foreign substance, inter-                        sample, in order to determine the presence of
          nally or externally, in the 24-hour period prior to the                          alcohol or any substance.
          scheduled post time for the first race of the day in which                  v. If laboratory analysis indicates the presence of
          the greyhound is to run.                                                         any prohibited substance in the tested licensee’s
    12.   The Racing Commission has established permissible                                sample, for which no law fully issued prescrip-
          trace levels of the following foreign substances as defined                      tion exists, said licensee may be subject to
          by R19-2-302(18).                                                                license suspension or revocation or civil penal-
          a. The trace level of procaine shall not exceed 6 micro-                         ties, as set forth in R19-2-309(E)(3)(f) and
                grams per milliliter in the urine of the greyhound.                        A.R.S. § 5-108.05(A).
          b. The trace level of barbiturates shall not exceed one                     vi. Test results and information obtained during
                microgram per milliliter in the urine of the grey-                         the testing process shall be accessible only to
                hound.                                                                     members of the Commission, the Director or
    13.   No person shall run in a race a greyhound which is desen-                        designees of the Director, and the tested lic-
          sitized at the time of arrival at the paddock by applying                        ensee and shall be kept in a locked, secured
          cold, chemical, or mechanical freezing devices.                                  area of the Department office.
    14.   Any person licensed by the Department found guilty of                       vii. Compliance with these rules shall be prima
          using live rabbits, cats, or fowl in the training of racing                      facie evidence that the chain of custody of the
          greyhounds may be fined or suspended or both by the                              test samples is secure, and the results of such
          stewards, who shall report all such cases to the Depart-                         tests shall be admissible in any administrative
          ment.                                                                            procedure of the Department or Commission.
    15.   Any licensee who refuses to make payment for financial             17. The trainer, assistant trainer, and any other person who is
          obligation incurred in connection with racing in this state            charged with the custody and care of a greyhound are
          may be subject to license suspension by the Department.                required to protect and guard the greyhound against the


June 30, 2006                                                      Page 39                                                        Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

         administration, either internally or externally, of any for-   I.   An owner of a greyhound cannot assign the owner’s share or
         eign substance. A positive test indicating the presence of          any part of it without the written consent of the other partners.
         any foreign substance (except as set forth in subsection            The consent shall be filed with the racing secretary.
         (12)) shall give rise to a presumption that the persons        J.   A certificate of registration for a greyhound shall be filed with
         referred to in this subsection have failed to meet the              the racing secretary at the race track where the greyhound is to
         duties imposed upon them.                                           be schooled, entered, or raced.
     18. No person shall interfere in any manner with the collec-       K.   The certificates of registration shall be available at all times
         tion or procedures conducted under this subsection.                 for inspection by the stewards.
     19. The owner of any greyhound disqualified in a race              L.   A transfer of any title to, leasehold in, or other interest in grey-
         because of an infraction of these rules shall forfeit and           hounds schooled, entered, or racing at any track under the
         return any portion of the purse or stakes and any trophy            jurisdiction of the Department shall be registered and recorded
         received from such race and shall forfeit any entry or sub-         with the National Greyhound Association of Abilene, Kansas.
         scription money.                                               M.   The Department shall not recognize a title, leasehold, or other
         a. Any winnings which are forfeited pursuant to this                interest in a greyhound until the title, leasehold, or other inter-
              subsection shall be redistributed among the remain-            est is evidenced by written instrument filed with and recorded
              ing entries in the race entitled thereto.                      by the National Greyhound Association of Abilene, Kansas
         b. Any greyhound shall be disqualified and may be                   and certified copies of the instrument are filed with the Depart-
              declared unplaced for every purpose except pari-               ment and the racing secretary at the race track where the grey-
              mutuel wagering if the chemical analysis performed             hound is to be schooled, entered, or raced.
              pursuant to subsection (16)(a) of this Section indi-      N.   If a greyhound is sold or transferred, or any interest in a grey-
              cates the presence of any foreign substance.                   hound is sold or transferred, during a meeting or after the grey-
                                                                             hound has been registered for a meeting, a copy of the bill of
                         Historical Note
                                                                             sale shall be filed with the racing secretary and forwarded by
         Adopted effective August 5, 1983 (Supp. 83-4).
                                                                             the racing secretary to the Department.
       Amended effective November 30, 1988 (Supp. 88-4).
                                                                        O.   If a greyhound is sold with its engagements, or any part of
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                             them, the seller cannot strike it out of any engagements. In all
      311 recodified from R4-27-311 (Supp. 95-1). Citations
                                                                             cases of private sales, the written acknowledgment of both
      corrected in subsections 12 and 17 at the request of the
                                                                             parties that the greyhound was sold with the engagements is
           Arizona Department of Racing (Supp. 96-4).
                                                                             necessary to entitle the seller or buyer to the benefit of this
R19-2-312.       Registration and Transfers                                  rule. If certain engagements are specified, only those are sold
A. The National Greyhound Association of Abilene, Kansas,                    with the greyhound. If the greyhound is sold by public auction,
    (NGA) is the official breeding registry of all greyhounds. The           and if certain engagements are specified, only those engage-
    Greyhound Publications, Inc., Information System is the offi-            ments are sold with the greyhound.
    cial recordkeeping agency of all greyhound performances and         P.   If a greyhound or any interest in a greyhound is sold to a dis-
    maintains the past performance lines on every greyhound                  qualified person, the greyhound’s racing engagements are void
    raced at a track licensed by a racing jurisdiction. The Depart-          as of the date of sale.
    ment may certify any greyhound whose registration is attribut-      Q.   In case of transfer of a greyhound with its engagements, the
    able to arbitrary, discriminatory, or other unreasonable action          greyhound shall not be eligible to start in any stakes, unless the
    or inaction on the part of either agency.                                transfer of the greyhound and its engagements is provided to
B. If for any reason the Greyhound Information System ceases                 the racing secretary.
    operation, the kennel owner is responsible for furnishing the       R.   A transfer of a greyhound or engagement shall not be made for
    racing secretary with the last six past performance lines when           the purpose of avoiding disqualification. A person that makes
    applicable.                                                              or receives a transfer to avoid disqualification may have a civil
C. The registry and recordkeeping agencies are self-funding, and             penalty invoked or be ruled off by the stewards.
    may charge reasonable fees for their services.                      S.   A partnership shall register with the Department. The partner-
D. A greyhound shall not be entered for racing or schooling at               ship shall provide the name and address of every person with
    any official track unless it:                                            an interest in a greyhound, the relative proportions of the inter-
    1. Is tattooed or permanently identified in a manner accept-             est, and the terms of any sales with contingencies or arrange-
          able to the NGA;                                                   ments, which are signed by each party or by an authorized
    2. Is registered in the NGA stud book; and                               agent, and file this information with the racing secretary. This
    3. Has its last six performance lines, if applicable, and rac-           information shall be provided to the Department before the
          ing history made available to the racing secretary from            beginning of the race meet. All persons listed on the partner-
          the Greyhound Information System.                                  ship registration are jointly and severally liable for all stakes
E. The NGA breeding registry furnishes all necessary informa-                and forfeits.
    tion to the Greyhound Information System when greyhounds            T.   Statements of partnerships, sales with contingencies, or
    are registered and named. A reasonable fee per start shall be            arrangements, shall declare who receives the winnings, in
    deducted from the weekly purses by the track and paid to the             whose name the greyhound shall run, and who has the power
    Greyhound Information System.                                            of entry or declaration of forfeit. This information shall be pro-
F. Each track shall provide a copy of the official chart of its races        vided to the Department upon request.
    to the Greyhound Information System.                                                        Historical Note
G. The NGA Breeding Registry and transfer files and the Grey-                    Adopted effective August 5, 1983 (Supp. 83-4).
    hound Publications, Inc., Information System shall be avail-             Amended effective March 20, 1990 (Supp. 90-1). R19-2-
    able to Department officials upon request.                               312 recodified from R4-27-312 (Supp. 95-1). Amended
H. In case of emergency, written authority from the NGA to sign              by final rulemaking at 12 A.A.R. 1771, effective July 1,
    declarations of partnerships shall be given to the racing secre-                           2006 (Supp. 06-2).
    tary.


Supp. 06-2                                                         Page 40                                                       June 30, 2006
                                                       Arizona Administrative Code                                          Title 19, Ch. 2
                                                       Arizona Racing Commission

R19-2-313.       Leases                                                                         Historical Note
A. The lessee of a greyhound shall file a copy of the Uniform                   Adopted effective August 5, 1983 (Supp. 83-4).
    Greyhound Certificate of Lease agreement with the Depart-               Amended effective March 20, 1990 (Supp. 90-1). R19-2-
    ment. The lease agreement shall include:                                314 recodified from R4-27-314 (Supp. 95-1). Amended
    1. The name of the greyhound,                                           by final rulemaking at 12 A.A.R. 1771, effective July 1,
    2. The name and address of the owner,                                                     2006 (Supp. 06-2).
    3. The name and address of the lessee,                             R19-2-315.        Schooling
    4. The kennel name of each party, and
                                                                       A. A schooling race shall be at a distance not less than the dis-
    5. The terms of the lease.
                                                                           tance nearest to 5/16 mile in use at the track.
B. A corporation with more than 10 stockholders who are the reg-
                                                                       B. Each official schooling race shall consist of at least six grey-
    istered or beneficial owners of stock or membership in the cor-
                                                                           hounds. However, if this condition creates a hardship, less than
    poration may not lease a greyhound owned or controlled by it
                                                                           six may be schooled with the permission of the stewards.
    to any person or partnership for racing purposes.
                                                                       C. Hand schooling shall not be considered official.
C. The Department shall not grant an owner’s license to a lessee
                                                                       D. A greyhound that has not raced for 10 racing days or more
    of a corporation described in subsection (B).
                                                                           shall be officially schooled at least once at its racing weight
D. A corporation leasing greyhounds for racing purposes in this
                                                                           before being eligible for entry.
    state, shall file with the Department, upon request, a report
                                                                       E. A greyhound in an official schooling race shall race at its
    listing the stockholders and members, as well as additional
                                                                           established racing weight and shall start from the box wearing
    business information the Department may specify. More than
                                                                           blankets.
    one owner may be indicated on the program by the use of the
                                                                       F. An owner, trainer, or authorized agent who is responsible for
    name of one owner and the phrase “et al”.
                                                                           greyhounds that are booked to race on tracks licensed by the
                        Historical Note                                    Commission, and who permit the greyhounds to be officially
         Adopted effective August 5, 1983 (Supp. 83-4).                    schooled on any track in Arizona or elsewhere that is not
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-                 approved by the Commission during these bookings, shall be
     313 recodified from R4-27-313 (Supp. 95-1). Amended                   subject to immediate license revocation.
     by final rulemaking at 12 A.A.R. 1771, effective July 1,          G. A greyhound may be ordered on the official schooling list by
                       2006 (Supp. 06-2).                                  the stewards at any time for good cause and shall be schooled
                                                                           officially and satisfactorily before being allowed to enter a
R19-2-314.       Weights and Weighing
                                                                           race.
A. Each greyhound shall be weighed in not less than one hour           H. Each permittee shall provide a photo finish camera, approved
    before the time of the first race of the day.                          by the Department, that operates at all official schooling races.
B. Before a greyhound is allowed to school or to race at a track,      I. A permittee shall make provision for an adequate number of
    the owner or trainer shall establish the racing weight of the          official schooling races, to be run both before and during a
    greyhound with the clerk of scales.                                    meeting, to allow for the qualification of greyhounds.
C. At weighing-in time, if there is a variation of more than two       J. A greyhound that fails to meet the established qualifying time
    pounds from the greyhound’s established weight, the stewards           shall not be permitted to start in a race other than futurity or
    shall order the greyhound scratched.                                   stakes races.
D. At weighing-out time, if a greyhound loses more than two            K. Official schooling shall be maintained throughout a meeting
    pounds while in the lockout kennels, the stewards shall order          up to at least one week before the last scheduled date of the
    the greyhound scratched. However, upon opinion from the vet-           meeting.
    erinarian that the loss of weight while in the lockout kennels     L. The distance of official schooling races and number of grey-
    does not impair the racing condition of the greyhound, the             hounds in these races shall appear on the Form chart.
    stewards may allow the greyhound to race.                          M. Only two official schooling lines shall be required for grey-
E. The weight regulations provided in subsections (A), (B), (C)            hounds in futurity races.
    and (D) above shall be printed in the daily program.               N. A greyhound on the veterinarian’s list or stewards’ suspension
F. The established racing weight of a greyhound may be changed             list shall not be schooled officially except as provided in R19-
    on written request of the owner or trainer and by consent of the       2-317(E)(6).
    stewards, if the change is made at least four calendar days
    before the greyhound is allowed to race at the new weight.                                 Historical Note
    1. A greyhound with a weight change of more than one                        Adopted effective August 5, 1983 (Supp. 83-4).
         pound shall be schooled at least once at the discretion of         Amended effective March 20, 1990 (Supp. 90-1). R19-2-
         the stewards at the new established weight before being            315 recodified from R4-27-315 (Supp. 95-1). Amended
         eligible for starting.                                             by final rulemaking at 12 A.A.R. 1771, effective July 1,
    2. A greyhound that has not raced or schooled officially for                              2006 (Supp. 06-2).
         three weeks shall be allowed to establish new racing          R19-2-316.      Entries and Subscriptions
         weight with the consent of the stewards and shall be
                                                                       A. Condition for entry
         schooled officially immediately upon receipt of the con-
                                                                           1. The racing secretary shall not allow a greyhound to be
         sent.
                                                                               entered in a race unless the full name of every person
G. The stewards have the authority to order that a greyhound
                                                                               having an ownership in the greyhound or accepting the
    entered in a race be weighed at any time from entry into the
                                                                               trainer’s percentage or having any interest in its winnings
    lockout kennel until post time.
                                                                               is registered with the racing secretary. A change in a
H. Immediately after being weighed in, a greyhound shall be
                                                                               greyhound’s ownership or interest made during that meet-
    placed in a lockout kennel under the supervision of the pad-
                                                                               ing shall be registered with the racing secretary; a copy of
    dock judge. Only the paddock judge, veterinarian, kennel mas-
                                                                               this shall be delivered promptly to the Department by the
    ter, clerk of scales, lead-out, steward, or Department
                                                                               racing secretary of the track where the greyhound is rac-
    representative shall be allowed in or near the lockout kennels.
                                                                               ing.


June 30, 2006                                                     Page 41                                                       Supp. 06-2
Title 19, Ch. 2                                            Arizona Administrative Code
                                                           Arizona Racing Commission

     2.   The racing secretary shall not allow a greyhound to be                 3.   The racing secretary shall not allow a greyhound to run in
          entered in a race unless the conditions in R19-2-313 per-                   any race unless it has been and continues to be duly
          taining to registration are met.                                            entered.
     3. The racing secretary shall not allow a greyhound to enter                4. A greyhound eligible at the time of entry continues to be
          or start unless it is conditioned by a licensed trainer or                  qualified, except in an overnight event in which the grey-
          owner-trainer.                                                              hound shall be eligible at the time of the start.
     4. The racing secretary shall not allow a greyhound to enter                5. A kennel owner, trainer, or authorized agent may enter a
          or start in a race unless it has been fully identified and tat-             greyhound in person, by telephone, by facsimile, or in
          tooed. A person who participates in any manner in estab-                    writing.
          lishing the identity of a greyhound, including the breeder,            6. A greyhound entered for a purse shall be a “starting grey-
          owner, trainer, and identifier, is responsible for the accu-                hound” unless it has been declared out by the stewards.
          racy of the information the person provides.                           7. An entry from a person or of a greyhound that stands sus-
     5. The stewards may require a person in whose name a grey-                       pended or expelled is void. The Department shall refund
          hound is entered to produce proof that the greyhound is                     any money paid for a void entry. A person who wins
          not the property, either wholly or in part, of any person                   money with a void entry shall return the money to the
          who is disqualified, or to produce proof of the extent of                   Department.
          the person’s interest in the greyhound. If the stewards are                 a. The entry form to a stakes race shall include the full
          not satisfied as to the ownership of the greyhound, they                          name and post office address of the person making
          may declare the greyhound out of the race.                                        the entry.
     6. A permittee shall establish a qualifying time for its 3/8-                    b. A person with an interest in a greyhound less than
          and 5/16-mile races. The permittee shall notify the stew-                         the interest of another person is not entitled to
          ards at least three days before the first day of official rac-                    assume any of the rights or duties of an owner as
          ing of the qualifying time established and specify time                           provided by these rules, including the right of entry
          which, while in effect, shall be continuously posted on                           and declaration.
          the notice board at the track and approved by the stew-                     c. Joint subscriptions and entries may be made by any
          ards.                                                                             one or more of the owners. However, all partners
          a. A change in the established qualifying time during                             and each of them shall be jointly and severally liable
                the course of a meeting may only be made with the                           for all fees and forfeits.
                approval of the stewards.                                             d. Nominations for stakes races received and post-
          b. The racing secretary shall not allow a greyhound to                            marked before midnight of the day of closing shall
                enter or race if the greyhound fails to meet the estab-                     be valid if received 24 hours in advance of closing of
                lished qualifying time except in a futurity or stakes                       overnight entries.
                race.                                                                 e. If the invalidity of any entry or declaration in a
     7. A greyhound is not eligible to enter or race if:                                    stakes race is alleged, satisfactory proof that the
          a. The greyhound is ruled off or suspended.                                       entry or declaration was timely made shall be pre-
          b. The owner or trainer is ruled off the track or sus-                            sented within a reasonable time or the entry or decla-
                pended until the greyhound is made eligible either                          ration shall be deemed not received.
                by reinstatement of its owner or trainer or a transfer      C.   Closing
                or bona fide sale to an ownership or trainer accept-             1. The racing secretary shall close entries for purse races at
                able to the stewards.                                                 the advertised time. An entry shall not be received after
          c. The greyhound is on the schooling list or on the vet-                    that time. If a race fails to fill, additional time for entries
                erinarian’s list.                                                     may be granted by the stewards.
          d. The greyhound is under the age of 12 months.                        2. Entries and declarations for stakes races that close during
     8. A greyhound or kennel whose entry is ordered refused at                       or on the eve of a racing meeting shall close at the office
          any recognized meeting because of inconsistent racing                       of the racing secretary. Closing sweepstakes at all other
          shall not be permitted to race on any track where these                     times shall be at the office of the permittee.
          rules are in force during the continuance of such ruling.              3. The racing secretary shall not accept entries or declara-
     9. At least three past performances of a greyhound shall be                      tions for stakes after the designated time.
          available for the program.                                             4. A greyhound may not start in a stakes race unless it has
     10. A trainer shall remove an off-form greyhound from the                        passed the entry box on the day on which entries for the
          active list. Failure to do so is grounds for suspension of                  stakes race are taken.
          the greyhound.                                                         5. There shall be at least six different kennel owners in each
     11. A greyhound that has been retired for conditions or                          race. An owner or trainer may have no more than two
          worming shall be brought back to racing weight before                       greyhounds in a race without the permission of the stew-
          being entered.                                                              ards. The requirements of this subsection are applicable
     12. The stewards may allow a greyhound that has not raced in                     to all greyhound races, including all short field races of
          three or more weeks to establish new racing weight.                         five or fewer greyhounds. Prior approval of the stewards
     13. The racing secretary shall not allow a greyhound in sea-                     shall be obtained before conducting any race in which
          son on the track nor shall she be eligible to school offi-                  five or fewer greyhounds are entered.
          cially or to race if in milk.                                          6. If the number of entries to any purse race exceeds the
B.   Entry                                                                            number of greyhounds that, because of track limitations,
     1. The racing secretary receives entries and declarations.                       may start, the starters for the race shall be determined by
     2. Each entry in a race shall be in the name of the registered                   lot in the presence of those making entries.
          owner or in the kennel name.                                           7. The post position of greyhounds shall be assigned by lot
                                                                                      or drawing supervised by the stewards and the racing sec-
                                                                                      retary, at a time and place posted on the trainer’s bulletin


Supp. 06-2                                                             Page 42                                                       June 30, 2006
                                                          Arizona Administrative Code                                            Title 19, Ch. 2
                                                          Arizona Racing Commission

          board. The draw shall occur at least one day before the               Amended effective March 20, 1990 (Supp. 90-1). R19-2-
          running of the race, so that any and all owners, trainers,            316 recodified from R4-27-316 (Supp. 95-1). Amended
          or authorized agents interested may be present.                       by final rulemaking at 12 A.A.R. 1771, effective July 1,
          a. A change shall not be made in any entry after clos-                                  2006 (Supp. 06-2).
                ing of entries, but an error may be corrected.
                                                                           R19-2-317.      Rules of the Race
          b. Each greyhound entered for a purse shall be a starter
                unless it is declared or scratched.                        A. Pre-race activity.
     8. The permittee may withdraw or change any unclosed                      1. A greyhound shall race under its registered owner’s name
          race.                                                                    as shown on the registration papers or upon Department
     9. Following the close of entries, the racing secretary shall                 approval.
          compile and conspicuously post the entries.                          2. All races shall start at regular intervals. Post times shall
     10. The holder of any claim, whether a mortgage bill, sale, or                be based upon the number of races scheduled to run daily.
          lien of any kind, against a greyhound, shall file the claim              The intervals shall be set by the permittee with the
          with the racing secretary before the time the greyhound is               approval of the stewards.
          entered. The claimholder shall forfeit all rights in any             3. A greyhound shall be identified and exhibited in the pad-
          winnings of the greyhound before the claim is filed.                     dock before post time of the race in which it is entered.
D.   Fees                                                                      4. A greyhound shall wear the regulation muzzle and blan-
     1. Unless otherwise stipulated in the conditions of a race,                   ket while racing. The muzzle and blanket of each grey-
          there is no charge to enter a greyhound in a purse race.                 hound shall be carefully examined:
          When the conditions require an entrance fee, the fee shall               a. In the paddock by the paddock judge before the
          accompany the entry.                                                           greyhound leaves for the post;
     2. A person entering a greyhound shall pay the nominating,                    b. Before the stewards at the stewards’ stand; and
          sustaining, and starting fees. Except as provided in sub-                c. By the starter at the starting box.
          sections (D)(3) and (D)(4) fees are nonrefundable.                   5. After the greyhounds have entered the track, the parade
     3. Entrance fees to a purse race that is run are not refundable               of the greyhounds to the post shall be no longer than 15
          unless otherwise provided for in the conditions of the                   minutes, unless a delay is unavoidable.
          race.                                                                6. After the greyhounds leave the paddock on their way to
     4. Entry, starting, and subscription fees shall be distributed                the starting point, and until the stewards signal the start of
          as provided for in the conditions of the race. If a race is              the race, all persons except the designated licensees shall
          not run, all stakes or entrance money shall be refunded.                 be excluded from the course.
     5. The death of the nominator or subscriber does not void                 7. If a greyhound is injured after weigh-in, the greyhound
          entry, subscription, or right of entry of a greyhound.                   may be excused by the stewards on the advice of the track
     6. A greyhound may not start in a race unless any stake or                    veterinarian and shall not be considered a starter.
          entrance money for that race is paid.                            B. Races
     7. A person entering a greyhound is liable for the entrance               1. A race is not declared official by the stewards unless the
          money or stake.                                                          lure precedes the greyhounds at all times during the race.
     8. The entry of a greyhound in a sweepstakes is a subscrip-                   If, during the race, a greyhound catches or passes the lure,
          tion to the sweepstakes making the subscriber liable for                 the stewards shall declare it “no race” and all monies
          stake and forfeit fees. If the subscriber properly transfers             wagered shall be refunded.
          the entry, the subscriber is liable for stake and forfeit fees       2. The stewards shall closely observe the operation of the
          only if the transferee defaults. The seller of a greyhound               lure and hold the lure operator to strict accountability for
          with an engagement is liable for stake or forfeit fees if the            any inconsistency of operation. The lure shall be kept at a
          engagement is not kept.                                                  reasonable distance in advance of the greyhounds.
          a. If a person is prevented by these rules from entering             3. If a greyhound dwells in the box when the doors of the
                or starting a greyhound for a race without paying                  starting box open at the start, there shall be no refund.
                arrears for which the person would not otherwise be            4. If a greyhound bolts the course, runs in the opposite
                liable, the person may, by paying the arrears, enter               direction, or does not run the entire prescribed distance
                or start the greyhound and have the arrears placed on              for the race, all rights in the race are forfeited and no mat-
                the forfeit list as due to the person.                             ter where it finishes the stewards shall declare the finish
          b. If the seller of a greyhound with an engagement is                    of the race as if the greyhound was not a contender. How-
                compelled to pay arrears because of the purchaser’s                ever the greyhound shall be considered a starter.
                default, the seller may place the amount of the for-           5. If a greyhound bolts the course or runs in the opposite
                feit list as due from the purchaser to the seller. This            direction during the running of the race and in so doing,
                rule also applies in the transfer of an entry when the             in the opinion of the stewards, alters the outcome of the
                transferee defaults.                                               race, the stewards shall declare it “no race” and all mon-
          c. With the approval of the stewards, the racing secre-                  ies wagered shall be refunded.
                tary may waive the obligations incurred by this Sec-           6. If it appears that a greyhound may interfere with the run-
                tion.                                                              ning of the race because of failure to leave the starting
          d. If the racing secretary permits a greyhound to start in               box, or accident, or for any other reason, a person under
                a race without the entrance money or stake having                  the supervision of the stewards may remove the grey-
                been paid, the racing secretary is liable for the                  hound from the track. However the greyhound shall be
                entrance money or stake.                                           considered a starter.
     9. An entry in a sweepstakes is a subscription and may not                7. If a race is marred by jams, spills, or racing circumstances
          be withdrawn.                                                            other than accident regarding the machinery or outside
                                                                                   interference, and three or more greyhounds finish, the
                         Historical Note                                           stewards shall declare the race official, but if fewer than
          Adopted effective August 5, 1983 (Supp. 83-4).


June 30, 2006                                                         Page 43                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

         three greyhounds finish, the stewards shall declare it “no                      ized or suspended for six racing days. Scratches for
         race” and all monies wagered shall be refunded.                                 other causes may be disciplined at the discretion of
     8. Each permittee shall provide a camera approved by the                            the stewards.
         Department for the purpose of taking photographs of all                   c. If a trainer fails to have a greyhound entered at the
         finishes of all races including schooling races.                                track at the appointed time for weighing in causing
     9. A greyhound ruled off for fighting or quitting is sus-                           the scratch of the greyhound, the stewards shall
         pended on any track operating under the jurisdiction of                         impose a forfeiture and may suspend or fine the per-
         the Commission.                                                                 son responsible.
     10. If the owner, trainer, or handler of a greyhound is found                 d. If three or more greyhounds are withdrawn or
         guilty of an act that prevents the greyhound from running                       scratched in any one race, the stewards may cancel
         its best, the Department shall suspend the license of the                       the race.
         owner, trainer, or handler.                                               e. The stewards may scratch a greyhound entered in a
C.   Dead heats                                                                          race for sufficient cause.
     1. When a race results in a dead heat, the race shall not be             6.   A greyhound scratched from a race because of over-
         run off. When two greyhounds run a dead heat for first                    weight or underweight shall receive a six-day suspension
         place, all prizes to which the first and second greyhounds                and shall school back before starting in an official race.
         are entitled shall be divided equally between them. This                  Scratched greyhounds may school during their suspen-
         applies in dividing prizes whatever the number of grey-                   sion.
         hounds running a dead heat and whatever places for
                                                                                                 Historical Note
         which the dead heat is run.
                                                                                  Adopted effective August 5, 1983 (Supp. 83-4).
     2. When a dead heat for win occurs, each greyhound
                                                                              Amended effective March 20, 1990 (Supp. 90-1). R19-2-
         involved in the dead heat shall be considered a winner
                                                                              317 recodified from R4-27-317 (Supp. 95-1). Amended
         and is liable for any penalty attached to the winning of the
                                                                              by final rulemaking at 12 A.A.R. 1771, effective July 1,
         race.
                                                                                                2006 (Supp. 06-2).
     3. If the owners of the greyhounds involved in a dead heat
         cannot agree on the disbursement of a cup or other prize        R19-2-318.       Repealed
         that cannot be divided, the cup or prize shall be deter-
         mined by lot.                                                                             IHistorical Note
D.   Winnings                                                                      Adopted effective August 5, 1983 (Supp. 83-4).
     1. Winnings include all prizes earned up to the time                     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
         appointed for the start and shall apply to all races wher-             318 recodified from R4-27-318 (Supp. 95-1). Section
         ever run. Winnings shall include earnings from a walk                repealed by final rulemaking at 12 A.A.R. 1771, effective
         over or receiving forfeit, but do not include second and                             July 1, 2006 (Supp. 06-2).
         third money, or the value of any non-monetary prize.            R19-2-319.       Arizona Bred Eligibility and Breeders’ Award
         Winnings during the year shall be determined from the           Payments
         preceding January 1.                                            A. A breeder shall file a notarized certificate affirming eligibility
     2. Winner of a certain sum shall mean winner of a single                under A.R.S. § 5-113(F) with the Department. The certificate
         race of that value unless otherwise expressed in the con-           shall include name, color, and sex of the animal; name of the
         ditions.                                                            sire; name of the female; date and location of whelping;
     3. In estimating the net value of a race to the winner, all             National Greyhound Association registration number; left and
         sums contributed by the owner or nominator are deducted             right ear identification numbers; name, address, and telephone
         from the amount won.                                                number of the breeder; a statement that the animal is eligible
E.   Declarations and scratches                                              pursuant to A.R.S. § 5-113(F) and that the person shown as the
     1. Declarations in purse races shall be made by the kennel              breeder was the owner of the female at the time of whelping;
         owner, trainer, or authorized agent to the racing secretary         and such other information as may be required by the Depart-
         or his or her assistant at least one-half hour before the           ment to determine eligibility and shall be signed by the
         time designated for the drawing of post positions on the            breeder. The breeder shall submit a copy of the National Grey-
         day before the day on which the greyhound is to race, or            hound Association registration papers with the certificate.
         at the time appointed by the racing secretary.                      1. Certification is deemed to occur upon the Department’s
     2. Declarations in sweepstakes shall be made in the same                      receipt of the completed certificate.
         manner as provided for making entries in sweepstakes to             2. The greyhound shall be certified by the Department at the
         the racing secretary, who shall record the day and hour of                time of the win to be eligible for an award.
         receipt and give early publicity to the sweepstakes.            B. A permittee shall recognize any greyhound for which there is
     3. A declaration in a stakes race shall be made in writing by           an Arizona Bred Certificate on file with the Department as an
         the kennel owner or trainer of a greyhound or by the ken-           Arizona bred greyhound.
         nel owner’s authorized agent.                                   C. Breeders’ awards are not to be paid on nominating, sustaining,
     4. The declaration of a greyhound is irrevocable.                       or starting fees.
     5. A greyhound that is withdrawn from a race after the over-        D. The Department shall calculate and pay breeders’ awards to
         night entries are closed is deemed a scratch. The declared          eligible breeders.
         greyhound shall lose all preference accrued up to that              1. Definitions.
         date unless excused by the stewards.                                      a. “Quarterly Breeders’ Award” means an amount of
         a. To scratch a greyhound entered in a race, sufficient                        money based on the quarterly breeders’ award pay-
               cause shall be given to satisfy the stewards, and the                    ment factor determined by the Department each fis-
               cause shall be reported immediately.                                     cal year by October 30.
         b. The owner or trainer of a greyhound that is scratched                  b. “Substitute Breeders’ Award” means an amount of
               because of a violation of a racing rule shall be penal-                  money based on a substitute payment factor because


Supp. 06-2                                                          Page 44                                                    June 30, 2006
                                                        Arizona Administrative Code                                           Title 19, Ch. 2
                                                        Arizona Racing Commission

              of the lack of sufficient money to pay conventional                amount required to be set aside for contingent liabilities
              Quarterly Breeders’ Awards.                                        in subsection (D)(8).
         c. “Supplemental Breeders’ Award” means an amount                   6. Supplemental Breeders Awards. The Department shall
              of money that corrects a shortfall between conven-                 first pay any monies in the end-of-year bonus pool in the
              tional Quarterly Breeders’ Awards and Substitute                   form of supplemental breeders awards to recipients of
              Breeders’ Awards.                                                  substitute breeders’ awards.
         d. “End-of-year Bonus Award” means an amount of                         a. The Department shall pay supplemental breeders’
              money that may be paid to breeders from available                        awards in an amount equal to the difference between
              monies that remain in the breeders’ award fund after                     the substitute breeders’ award and the quarterly
              payment of Quarterly Breeders’ Awards, Substitute                        breeders’ award the breeder would have received if
              Breeders’ Awards and Supplemental Breeders’                              there had been enough in the fund to pay an award
              Awards.                                                                  based on the quarterly award payment factor.
    2.   The Department shall pay awards at the end of each fiscal               b. In the event the end-of-year bonus pool cannot pay
         year quarter, provided that the total amount of the awards                    supplemental breeders’ awards to make up for the
         payments does not exceed the total amount of money                            shortfall to all substitute breeders’ award recipients,
         available in the fund less the amount required to be set                      the Department shall pay supplemental breeders’
         aside for contingent liabilities in subsection (D)(8).                        awards to all breeders eligible to receive a supple-
    3.   Quarterly Breeders’ Awards. Before October 30 of each                         mental breeders’ award on a pro-rata basis.
         year, the Department shall determine a quarterly breed-                 c. A breeder is eligible to receive a supplemental
         ers’ award payment factor that will be applied during the                     breeders’ award from the end-of-year bonus pool
         entire fiscal year. The payment factor determined by the                      only if the breeder received a substitute breeders’
         Department is not subject to appeal.                                          award during that fiscal year.
         a. The Department shall evaluate anticipated revenues                   d. The Department shall not make supplemental breed-
              for the breeders’ award fund and anticipated purses                      ers’ awards if all eligible breeders received quarterly
              for eligible Arizona-bred animals and set the pay-                       breeders’ awards during the fiscal year.
              ment factor at a level that permits recipients of quar-        7. End-of-year Bonus Awards. The Department shall pay
              terly breeders’ awards to receive awards throughout                end-of-year bonus awards if monies remain in the end-of-
              the fiscal year based on the same payment factor.                  year bonus pool following any supplemental payments.
         b. The Department shall notify representatives of each                  a. The Department shall determine an end-of-year
              breeders’ association of the quarterly breeders’                         bonus payment factor by dividing the monies in the
              award payment factor in writing before October 30                        end-of-year bonus pool by the total amount of purses
              of each year.                                                            won by an eligible animal during the fiscal year.
         c. The Department shall calculate quarterly breeders’                   b. The Department shall calculate end-of-year bonus
              awards by multiplying the amount of each purse                           awards by multiplying the amount of each purse
              won by an eligible animal during that quarter by the                     won by an eligible animal by the bonus payment fac-
              quarterly breeders’ award payment factor estab-                          tor.
              lished for the fiscal year.                                    8. Contingent liabilities. The Department shall retain
         d. The Department shall make quarterly breeders’                        $10,000 in the Breeders’ Award fund for contingent lia-
              awards not later than 30 days after the end of each                bilities.
              quarter, unless full quarterly breeders’ awards can-           9. The Department shall not make quarterly breeders’
              not be made due to the lack of available money in                  awards, substitute breeders’ awards, supplemental breed-
              the fund.                                                          ers’ awards or end-of-year bonus breeders’ awards if the
    4.   Substitute Breeders’ Awards. The Department shall make                  total amount available for distribution is less than
         substitute breeders’ awards if there are sufficient monies              $10,000. In the event the Department does not pay an
         in the fund to allow for an award but not enough monies                 award because less than $10,000 is available for distribu-
         to provide for full payments of quarterly breeders’ awards              tion, the Department shall carry forward the amount in
         based on the quarterly breeders’ award payment factor.                  the fund for payment of awards when the Department
         a. The Department shall determine the substitute pay-                   next calculates awards.
              ment factor by dividing the total amount of monies             10. Appeal of Director’s Rulings
              in the Arizona breeders’ award fund at the end of the              a. The Director shall make the final decision concern-
              quarter less the amount required to be set aside for                     ing a breeders’ award.
              contingent liabilities in subsection (D)(8) by the                 b. The Department shall give written notice of the deci-
              total amount of purses won by eligible Arizona-bred                      sion to an applicant by mailing it to the address of
              animals during that quarter.                                             record filed with the Department.
         b. The Department shall calculate substitute breeders’                  c. After service of the Director’s decision, an
              awards by multiplying the amount of each purse                           aggrieved party may obtain a hearing under A.R.S.
              won by an eligible animal during that quarter by the                     §§ 41-1092.03 through 41-1092.11.
              substitute payment factor for that quarter.                        d. The aggrieved party shall file a notice of appeal with
    5.   End-of-year bonus pool. After payment of all quarterly                        the Department within 30 days after receiving the
         breeders’ awards and any substitute breeders’ awards has                      notice prescribed in R19-2-319(D)(10)(b).
         been calculated, the Department shall determine the                     e. The Department shall notify the Office of Adminis-
         amount of monies remaining in the fund. The end-of-                           trative Hearings, which shall schedule and conduct
         year-bonus pool is the amount of monies remaining in the                      the hearing.
         Arizona breeders’ award fund after the payment of all          E.   The permittees shall submit to the Department an Arizona
         quarterly breeders’ awards for the fiscal year less the             Breeders’ Award Report in the form prescribed by the Depart-
                                                                             ment. The report shall include name of the animal, name of the


June 30, 2006                                                      Page 45                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

     breeder, date of win, win purse amount, type of race, name of       J. Pending the disposition by the stewards, Director, or Commis-
     track, and such other information as may be required by the            sion of any question, both the greyhound which finished first
     Department to calculate awards.                                        and any greyhound which is claimed to be the winner shall be
F.   The Arizona Thoroughbred Breeder’s Association, Arizona                liable for all penalties attaching to the winner of the race until
     Quarter Racing Association, Arizona Greyhound Breeder’s                the matter is decided.
     Association and such other associations as may represent            K. If an objection to a greyhound which has won or which has
     breeders in this state may assist the Department in periodic           been placed in a race is declared valid, that greyhound is dis-
     reviews of eligibility lists and may provide such other assis-         qualified, and the other greyhounds in the race are entitled to
     tance in administering the fund as may be required by the              place in the order in which they finished. The purses shall be
     Department.                                                            redistributed.
G.   At least every other three years, the Commission shall select a     L. A person shall not lodge an unsubstantiated objection with the
     committee, consisting of representatives of each breeders’             stewards.
     association and the Department, which shall review this rule        M. If all the greyhounds in the race have run at wrong weights, or
     and submit written recommendations to the Commission.                  over a wrong course or distance, and objection is made before
                                                                            the official confirmation of the placing of the greyhound in the
                         Historical Note
                                                                            race, the stewards shall declare it “no race.”
          Adopted effective August 5, 1983 (Supp. 83-4).
                                                                         N. To withdraw an objection, the person that made the objection
         Amended subsection (A) effective August 21, 1985
                                                                            shall obtain the permission of the stewards.
     (Supp. 85-4). Amended subsection (A) and added subsec-
      tions (D) through (G) effective August 13, 1986 (Supp.                                     Historical Note
       86-4). Amended subsection (D) effective February 19,                       Adopted effective August 5, 1983 (Supp. 83-4).
      1987 (Supp. 87-1). Amended effective March 20, 1990                     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
        (Supp. 90-1). R19-2-319 recodified from R4-27-319                     320 recodified from R4-27-320 (Supp. 95-1). Amended
     (Supp. 95-1). Amended effective January 10, 1997 (Supp.                  by final rulemaking at 12 A.A.R. 1771, effective July 1,
                               97-1).                                                           2006 (Supp. 06-2).
R19-2-320.        Objections                                             R19-2-321.       Repealed
A. An objection to a greyhound may be made by an owner, the
                                                                                                    Historical Note
    owner’s authorized agent, a trainer of another greyhound
                                                                                    Adopted effective August 5, 1983 (Supp. 83-4).
    engaged in the same race, or by the officials of the course. An
                                                                               Amended by adding subsection (O) effective September
    objection shall be made to the stewards, who may require that
                                                                                17, 1984. Amended subsection (D) paragraph (6) effec-
    the objection be made in writing with a copy sent immediately
                                                                               tive October 18, 1984 (Supp. 84-5). Amended by adding
    to the Director.
                                                                                  subsection (P) effective April 4, 1985 (Supp. 85-2).
B. The stewards may require a cash deposit of $200 to cover costs
                                                                                Amended subsection (N) effective November 29, 1985
    of determining an objection. The deposit posted may be for-
                                                                                 (Supp. 85-6). Amended subsection (P) paragraph (19)
    feited if the stewards determine the objection is without foun-
                                                                              effective June 6, 1986 (Supp. 86-3). Amended by adding
    dation.
                                                                               subsections (Q), (R), (S), (T), (U) and (V) effective Feb-
C. If the stewards are not able to decide an objection during the
                                                                              ruary 19, 1987 (Supp. 87-1). Amended by adding subsec-
    meeting, the stewards shall require that the objection be made
                                                                               tions (W) and (X) effective October 14, 1988 (Supp. 88-
    in writing and forwarded to the Director.
                                                                              4). Repealed effective March 20, 1990 (Supp. 90-1). R19-
D. An objection, unless otherwise provided, shall be made within
                                                                                    2-321 recodified from R4-27-321 (Supp. 95-1).
    72 hours after the race is run and shall be determined by the
    stewards.                                                            R19-2-322.      Procedure before the Department
E. An objection pertaining to any matter occurring in a race,            A. Appeal of stewards’ rulings and referrals
    except as otherwise provided, shall be made before the stew-             1. Any person or persons aggrieved by a ruling of the stew-
    ards declare the race official.                                              ards may appeal to the Director. Such an appeal must be
F. Any objections to a greyhound that has run in a race on the                   filed in writing in the office of the Director within three
    grounds that it was not trained by a licensed trainer, or that the           days of the receipt of the steward’s ruling.
    names of all those having ownership in it or an interest in its          2. The failure of the stewards to convene a hearing within
    winnings have not been registered with the secretary, shall be               10 days after the objection is made shall be deemed a
    made not later than the day after the race.                                  denial by the stewards and may be appealed by filing a
G. Any objection on the grounds of fraudulent or purposeful mis-                 written appeal in the office of the Director within 10 days
    statement or omission in the entry under which a greyhound                   from the date the objection was denied.
    has run, or on the grounds that the greyhound which ran was              3. The appeal shall be signed by the person making said
    not the greyhound it was represented to be in the entry or at the            request or by his or her attorney and shall set forth the
    time of the race, may be received any time within three days                 grounds for appeal and reasons for believing he or she is
    after the race.                                                              entitled to a hearing.
H. Any objection to a decision of the clerk of the scales shall be           4. A person filing an appeal of a ruling may be required by
    made before the greyhounds leave the paddock for the start of                the Director or the Commission to furnish a bond in the
    the race.                                                                    amount equal to an assessed fine and an additional $200
I. Pending the determination of an objection, any money or prize                 to cover the cost, which may be forfeited should the
    which the greyhound objected to may have won, or may win in                  appeal be denied.
    the race, shall be withheld until the objection is determined,           5. The stewards may refer any ruling made by them to the
    and any sum payable to the owner of the greyhound objected                   Director recommending further action including the revo-
    to shall be held for the person who may be determined to be                  cation of a license suspended by the stewards. Upon
    entitled to it.                                                              receipt of such referrals, the Director shall review the
                                                                                 record and may affirm, reverse, or modify the stewards’


Supp. 06-2                                                          Page 46                                                    June 30, 2006
                                                          Arizona Administrative Code                                             Title 19, Ch. 2
                                                          Arizona Racing Commission

          ruling or conduct such other proceedings the Director                      borne by the party applying to the Director for permission
          deems appropriate.                                                         to take same.
     6. Upon the filing of an appeal in the manner set forth                    3. Any deposition taken under this rule shall be returned and
          above, the Director shall fix a time and place for said                    filed with the Director within 30 days after permission for
          hearing and shall give written notice of the hearing at                    taking same is granted.
          least 20 days prior to the date set for the hearing, unless      F.   Service
          waived by the appellant.                                              1. Service of any decision, order, or other process may be
     7. Nothing contained in this Section shall affect the distribu-                 made in person or by mail. Service by mail shall be made
          tion of the pari-mutuel pools.                                             by enclosing the same or a copy thereof in a sealed enve-
     8. In case of an appeal or protest, the purse money affected                    lope and depositing the same in the United States mail,
          will be retained by the permittee subject to order of the                  postage prepaid, addressed to the party served at the
          Director.                                                                  address shown by the records of the Department.
B.   License denial, suspension, or revocation                                  2. The time periods prescribed or allowed by these rules, by
     1. The Director may deny a license application without prior                    order of the Department, or by an applicable statute, shall
          notice to the applicant. However, if the applicant files an                be computed as provided in the Rules of Civil Procedure.
          appeal with the Director within 20 days of the receipt of             3. Service upon an attorney who has appeared on behalf of a
          the denial, the Director shall fix a time and place for a                  party will constitute service upon such party, except that
          hearing on the matter and shall give written notice of the                 papers required to be served upon the Director or Com-
          hearing at least 20 days prior to the date set for the hear-               mission shall in all cases be filed in the office of the
          ing, unless waived by the applicant.                                       Department, with a copy served on the Attorney General.
     2. The Director may revoke or, independently of the stew-                  4. Proof of service may be made by the affidavit or oral tes-
          ards, suspend a license only after notice and opportunity                  timony of the person making such service.
          for hearing. Notice of the hearing shall be given in writ-       G.   Rehearing, review, or appeal
          ing at least 20 days prior to the date set for hearing, unless        1. Except as provided in subsection (G)(7), any party in a
          waived by the applicant.                                                   contested case before the Director who is aggrieved by a
C.   Contested cases                                                                 decision rendered in such case may file with the Director,
     1. All parties appearing before the Director or his or her des-                 not later than 10 days after service of the decision, a writ-
          ignee shall be afforded an opportunity for a hearing and                   ten motion for rehearing or review of the decision, speci-
          the opportunity to respond and present evidence and                        fying the particular grounds therefor. For purposes of this
          argument on all issues.                                                    subsection, a decision shall be deemed to have been
     2. Any party appearing before the Director or his or her des-                   served when personally delivered or mailed to the party at
          ignee shall have the right to appear in person or by coun-                 his or her last known residence or place of business.
          sel, except that a corporation may appear only through                2. The motion for rehearing may be amended at any time
          counsel. Any party may submit his or her case in writing.                  before it is ruled upon by the Director. A response may be
          Failure of a party to appear for a hearing shall leave the                 filed within 10 days after service of such motion or
          Director free to act upon the evidence at hand without                     amended motion by any other party. The Director may
          further notice to the parties. Proceedings may be                          require the filing of written briefs upon the issues raised
          reopened by the Director upon written petition of any                      in the motion and may provide for oral argument.
          party to the proceedings.                                             3. A rehearing or review of the decision may be granted for
D.   Hearing officer. If the Director assigns a matter to a hearing                  any of the following causes materially affecting the mov-
     officer, the hearing officer shall submit to the Director within                ing party’s rights:
     15 days after the conclusion of the hearing a written decision                  a. Irregularity in the administrative proceedings of the
     which shall include proposed findings of fact, conclusions of                         hearing officer or Director or the prevailing party, or
     law and order. The decision of the hearing officer may be                             any order or abuse of discretion, whereby the mov-
     approved or modified by the Director. The decision of the                             ing party was deprived of a fair hearing.
     hearing officer becomes the decision of the Director unless                     b. Misconduct of the hearing officer, Director, or the
     modified by the Director within 45 days.                                              prevailing party.
E.   Depositions                                                                     c. Accident or surprise which could not have been pre-
     1. When any party desires to take the oral deposition of any                          vented by ordinary prudence.
          witness residing outside the state or otherwise unavail-                   d. Newly discovered material evidence which could
          able as a witness, such party shall file with the Director a                     not with reasonable diligence have been discovered
          petition for permission to take the deposition of such wit-                      and produced at the original hearing.
          ness, showing the name and address of such witness and                     e. Excessive or insufficient penalties.
          setting forth specifically and in detail the nature and sub-               f. Error in the admission or rejection of evidence or
          stance of the testimony expected to be given by such wit-                        other errors of law occurring at the administrative
          ness. The application shall be granted if it appears from                        hearing.
          such petition that the witness resides outside the state or                g. That the decision is not justified by the evidence or
          is otherwise unavailable and that the testimony of such                          is contrary to law.
          witness is relevant and material. If such statement is not            4. The Director may affirm or modify the decision or grant a
          made specifically and in detail, so that the Director may                  rehearing to all or any of the parties and on all or part of
          determine therefrom the relevancy and materiality of the                   the issues for any of the reasons set forth in subsection
          testimony of such witness, such petition may be denied.                    (G)(3). An order granting a rehearing shall specify with
     2. The Director may, at his or her discretion, designate the                    particularity the ground or grounds on which the rehear-
          time and place and office before which such a deposition                   ing is granted, and the rehearing shall cover only those
          may be taken. The expense of any deposition will be                        matters so specified.




June 30, 2006                                                         Page 47                                                         Supp. 06-2
Title 19, Ch. 2                                           Arizona Administrative Code
                                                          Arizona Racing Commission

     5.   Not later than 10 days after a decision is rendered, the                   mission upon written petition of any party to the proceed-
          Director may, on his or her own initiative, order a rehear-                ings.
          ing or review of his or her decision for any reason for          C.   Hearing officer. If the Commission assigns a matter to a hear-
          which he or she might have granted a rehearing on                     ing officer, the hearing officer shall submit to the Commission
          motion of a party. After giving the parties or their counsel          within 15 days after the conclusion of the hearing a written
          notice and an opportunity to be heard on the matter, the              decision which shall include proposed findings of fact, conclu-
          Director may grant a motion for rehearing for a reason                sions of law and order. The decision of the hearing officer may
          not stated in the motion. In either case, the order granting          be approved or modified by the Commission. The decision of
          such a rehearing shall specify the grounds therefor.                  the hearing officer becomes the decision of the Commission
     6.   When a motion for rehearing is based upon affidavits,                 unless modified by the Commission within 45 days.
          they shall be served with the motion. An opposing party          D.   Depositions.
          may within 10 days after such service serve opposing                  1. When any party desires to take the oral deposition of any
          affidavits, which period may be extended for an addi-                      witness residing outside the state or otherwise unavail-
          tional period not exceeding 20 days by the Director for                    able as a witness, such party shall file with the Commis-
          good cause shown or by written stipulation of the parties.                 sion a petition for permission to take the deposition of
          Reply affidavits may be permitted.                                         such witness, showing the name and address of such wit-
     7.   If in a particular decision it is necessary for the immediate              ness and setting forth specifically and in detail the nature
          preservation of the public peace, health, and safety, and if               and substance of the testimony expected to be given by
          a rehearing or review of the decision is impracticable,                    such witness. The application shall be granted if it
          unnecessary, or contrary to the public interest, the deci-                 appears from such petition that the witness resides out-
          sion may be issued as a final decision without an opportu-                 side the state or is otherwise unavailable and that the tes-
          nity for a rehearing or review.                                            timony of such witness is relevant and material. If such
     8.   For purposes of this subsection the terms “contested                       statement is not made specifically and in detail, so that
          case” and “party” shall be defined as provided in A.R.S. §                 the Commission may determine therefrom the relevancy
          41-1001.                                                                   and materiality of the testimony of such witness, such
     9.   To the extent that the provisions of this rule are in conflict             petition may be denied.
          with the provisions of any statute providing for rehearing            2. The Commission may, at its discretion, designate the time
          of decisions of the Director, such statutory provisions                    and place and office before which such a deposition may
          shall govern.                                                              be taken. The expense of any deposition will be borne by
                                                                                     the party applying to the Commission for permission to
                       Historical Note
                                                                                     take same.
        Adopted effective August 5, 1983 (Supp. 83-4).
                                                                                3. Any deposition taken under this rule shall be returned and
     Amended effective March 20, 1990 (Supp. 90-1). R19-2-
                                                                                     filed with the Commission within 30 days after permis-
         322 recodified from R4-27-322 (Supp. 95-1).
                                                                                     sion for taking same is granted.
R19-2-323.      Procedure before the Commission                            E.   Service.
A. Appeal of Director’s rulings.                                                1. Service of any decision, order, or other process may be
    1. Any person or persons aggrieved by a ruling of the Direc-                     made in person or by mail. Service by mail shall be made
        tor may appeal to the Commission. Such an appeal must                        by enclosing the same or a copy thereof in a sealed enve-
        be filed in writing in the office of the Commission within                   lope and depositing the same in the United States mail,
        15 days after service of the Director’s ruling.                              postage prepaid, addressed to the party served, at the
    2. The appeal shall be signed by the person making said                          address shown by the records of the Department, except
        request or his or her attorney and must set forth with                       that notice of a hearing before the Commission shall be
        specificity his or her grounds for appeal and reasons for                    mailed by certified mail to the last known address of the
        believing he or she is entitled to a hearing.                                parties as shown by the records of the Department.
    3. Upon the filing of an appeal set forth above, the Commis-                2. Proof of service may be made by the affidavit or oral tes-
        sion shall review the record and may affirm, reverse, or                     timony of the person making such service.
        modify the Director’s ruling or conduct such other pro-                 3. The time periods prescribed or allowed by these rules, by
        ceedings as the Commission deems appropriate.                                order of the Department or by an applicable statute, shall
B. Permit denial, suspension, or revocation.                                         be computed as provided in the Rules of Civil Procedure.
    1. The Commission may deny a permit application pursuant                    4. Service upon an attorney who has appeared on behalf of a
        to a hearing upon 15 days notice.                                            party will constitute service upon such party. In the case
    2. The Commission may revoke or suspend a permit only                            of papers requested to be served upon the Commission,
        after notice and opportunity for hearing. Notice of the                      an original and five copies shall be filed in the office of
        hearing shall be given in writing at least 20 days prior to                  the Department and a copy shall be served upon the
        the date set for hearing, unless waived by the applicant.                    Attorney General.
    3. All parties appearing before the Commission shall be                F.   Rehearing or review.
        afforded an opportunity for a hearing and the opportunity               1. Except as provided in subsection (7), any party in a con-
        to respond and present evidence and argument on all                          tested case before the Commission who is aggrieved by a
        issues.                                                                      decision rendered in such case may file with the Commis-
    4. Any party appearing before the Commission shall have                          sion, not later than 15 days after service of the decision, a
        the right to appear in person or by counsel, except that a                   written motion for rehearing or review of the decision
        corporation may appear only through counsel. Any party                       specifying the particular grounds therefor. For purposes
        may submit his or her case in writing. Failure of a party to                 of this subsection, a decision shall be deemed to have
        appear for a hearing shall leave the Commission free to                      been served when personally delivered or mailed to the
        act upon the evidence at hand without further notice to                      party at his or her last known residence or place of busi-
        the parties. Proceedings may be reopened by the Com-                         ness.


Supp. 06-2                                                            Page 48                                                      June 30, 2006
                                                         Arizona Administrative Code                                           Title 19, Ch. 2
                                                         Arizona Racing Commission

    2.   The motion for rehearing may be amended at any time              R19-2-324.      Greyhound Housing
         before it is ruled upon by the Commission. A response            A. Kennel housing facilities:
         may be filed within 10 days after service of such motion             1. Facilities shall be constructed and maintained in good
         or amended motion by any other party. The Commission                     repair to ensure protection from exposure or hazards that
         may require the filing of written briefs upon the issues                 could endanger the greyhounds.
         raised in the motion and may provide for oral argument.              2. Bedding shall be provided for all greyhounds. Heat, insu-
    3.   A rehearing or review of the decision may be granted for                 lation, or additional bedding adequate to provide warmth
         any of the following causes materially affecting the mov-                shall be provided when the indoor temperature is below
         ing party’s rights:                                                      50 degrees Fahrenheit,. Facilities shall have operational
         a. Irregularity in the administrative proceedings of the                 cooling devices so the indoor temperature does not
               hearing officer or Commission or the prevailing                    exceed 85 degrees Fahrenheit.
               party, or any order or abuse of discretion, whereby            3. Facilities shall be provided for greyhounds under the age
               the moving party was deprived of a fair hearing.                   of eight weeks and for females within two weeks of
         b. Misconduct of the hearing officer, Commission, or                     whelping. The facility shall be disinfected on a daily
               the prevailing party.                                              basis and separate from a racing kennel.
         c. Accident or surprise which could not have been pre-               4. Facilities shall at all times provide ventilation to all grey-
               vented by ordinary prudence.                                       hounds by means of doors, windows, vents, air condition-
         d. Newly discovered material evidence which could                        ing, or an evaporative cooling system.
               not with reasonable diligence have been discovered             5. Walls and floors shall be constructed to lend themselves
               and produced at the original hearing.                              to efficient cleaning and sanitizing.
         e. Excessive or insufficient penalties.                              6. Ample lighting shall be provided by natural or artificial
         f. Error in the admission or rejection of evidence or                    means or both to allow efficient cleaning of the facilities,
               other errors of law occurring at the administrative                routine inspection of the facilities, and the greyhounds
               hearing.                                                           contained therein.
         g. That the decision is not justified by the evidence or             7. Each facility shall have at least one turn-out pen.
               is contrary to law.                                            8. A minimum of one functional fire extinguisher shall be
    4.   The Commission may affirm or modify the decision or                      available at each kennel facility.
         grant a rehearing to all or any of the parties and on all or         9. Facilities shall be cleaned and disinfected at least weekly
         part of the issues for any of the reasons set forth in sub-              or more frequently as may be necessary to reduce disease
         section (F)(3). An order granting a rehearing shall specify              hazards, odors, fleas, ticks and vermin.
         with particularity the ground or grounds on which the                10. Smoking shall not be allowed in kennel housing.
         rehearing is granted, and the rehearing shall cover only         B. Run housing.
         those matters so specified.                                          1. Buildings and structures shall be constructed and main-
    5.   Not later than 10 days after a decision is rendered, the                 tained in good repair to ensure protection from exposure
         Commission may, on its own initiative, order a rehearing                 or hazards that could endanger the greyhounds.
         or review of its decision for any reason for which it may            2. Sufficient shelter shall be provided to accommodate all
         have granted a rehearing on motion of a party. After giv-                greyhounds to allow access to shade from direct sunlight
         ing the parties or their counsel notice and an opportunity               and regress from exposure to inclement weather. Heat,
         to be heard on the matter, the Commission may grant a                    insulation, or bedding adequate to provide warmth shall
         motion for rehearing for a reason not stated in the motion.              be provided when the atmospheric temperature is below
         In either case, the order granting such a rehearing shall                50 degrees Fahrenheit.
         specify the grounds therefor.                                        3. The run area shall be kept free of debris, brush, feces or
    6.   When a motion for rehearing is based upon affidavits, the                any unsanitary or hazardous materials that could endan-
         affidavits shall be served with the motion. An opposing                  ger the greyhounds.
         party may within 10 days after such service serve oppos-             4. Fencing for the run shall be a minimum of 4 feet high.
         ing affidavits, which period may be extended for an addi-                Material for fencing shall be such that the health and
         tional period not exceeding 20 days by the Commission                    safety of the greyhounds are not endangered. Fences shall
         for good cause shown or by written stipulation of the par-               be maintained in satisfactory repair.
         ties. Reply affidavits may be permitted.                             5. Run housing shall be cleaned at least daily or more fre-
    7.   If in a particular decision it is necessary for the immediate            quently as may be necessary to reduce disease hazards
         preservation of the public peace, health, and safety and if              and odors.
         a rehearing or review of the decision is impracticable,          C. Kennel housing crates.
         unnecessary, or contrary to the public interest, the deci-           1. The crates shall be of sound construction and maintained
         sion may be issued as a final decision without an opportu-               in good repair to protect the greyhounds from injury.
         nity for a rehearing or review.                                      2. Construction materials and maintenance shall allow the
    8.   For purposes of this subsection the terms “contested                     greyhounds to be kept clean and dry. Walls and floors
         case” and “party” shall be defined as provided in A.R.S. §               shall be impervious to urine and other moisture.
         41-1001.                                                             3. The shape and size of the crate shall afford ample space
    9.   To the extent that the provisions of this rule are in conflict           for the greyhounds to comfortably turn about, stand erect,
         with the provisions of any statute providing for rehearing               sit and lie, but the crate shall not be smaller than 31
         of decisions of the Commission, such statutory provisions                inches wide, 42 inches long and 32 inches high.
         shall govern.                                                        4. The greyhounds shall be removed from their crate at least
                      Historical Note                                             four times in each 24-hour period. The release time shall
       Adopted effective August 5, 1983 (Supp. 83-4).                             be sufficient to relieve bodily functions and to loosen
    Amended effective March 20, 1990 (Supp. 90-1). R19-2-                         cramped muscles.
        323 recodified from R4-27-323 (Supp. 95-1).


June 30, 2006                                                        Page 49                                                       Supp. 06-2
Title 19, Ch. 2                                       Arizona Administrative Code
                                                      Arizona Racing Commission

    5.   Except as provided in R19-2-328 (B), there shall be only          7.   Fresh sand shall be added to soak up urine at least annu-
         one greyhound per crate.                                               ally or more frequently as may be necessary to reduce
    6.   Crates shall be cleaned and sanitized at least daily or                disease and odors.
         more frequently as may be necessary in order to maintain          8.   Buildings and structures present in or around the turn-out
         a sanitary living environment for the greyhounds.                      pens or exercise areas shall be constructed and main-
                                                                                tained in good repair to ensure protection from exposure
                        Historical Note
                                                                                or hazards that could endanger the greyhounds.
     Adopted effective March 1, 1995; R19-2-324 recodified
                 from R4-27-324 (Supp. 95-1).                                                  Historical Note
                                                                            Adopted effective March 1, 1995; R19-2-325 recodified
R19-2-325. Grounds of the Racing Kennel, Breeding Farm,                    from R4-27-325 (Supp. 95-1). Amended effective August
or Other Operation                                                                          7, 1996 (Supp. 96-3).
A. General.
    1. Food supplies and bedding materials shall be stored to         R19-2-326.       General Care of Greyhounds in a Racing Ken-
         protect them from contamination or infestation by vermin     nel, on a Breeding Farm, or on Another Operation
         or other factors which would render the food or bedding      A. All greyhounds shall be properly cared for on a daily basis.
         unsanitary. All meat shall be kept frozen or refrigerated         This includes physically inspecting the greyhounds for sores,
         until such time that it is to be thawed for immediate con-        cuts, abrasions, muzzle bums, fleas, ticks, and providing ade-
         sumption.                                                         quate feed.
    2. Washrooms, basins, or sinks shall be readily accessible        B. Greyhounds shall be provided with clean, fresh water in run
         for maintaining cleanliness among greyhound caretakers            housing, exercise areas, and turnout pens at all times.
         and sanitizing of food and water utensils. Running water     C. All food and water dishes shall be free of mold and slime.
         shall be immediately available and hot water shall be        D. Greyhounds shall be reasonably free of ticks and fleas. Care
         obtainable on the premises to properly disinfect dishes,          shall be taken to ensure that the greyhounds do not injest
         utensils, or other equipment.                                     chemicals used to control fleas and ticks.
    3. Waste materials shall be removed at least daily and dis-       E. Sick, diseased, or injured greyhounds shall be provided with
         posed of at least weekly to minimize vermin infestation,          proper veterinary care.
         odors, and disease hazards.                                  F. Muzzles used shall be lightweight, plastic, or padded wire
    4. Dropping buckets shall have lids in place except while in           tape. Worn, broken, or rusted muzzles are prohibited.
         use and shall be stored in an area removed from kennel       G. All greyhounds shall be vaccinated annually against common
         housing and run housing.                                          canine diseases such as parvo, rabies, distemper, hepatitis, ade-
    5. Space shall be provided to prevent crowding and to allow            novirus type 2, parainfluenza, and leptospira. Current records
         freedom of movement and comfort to the greyhounds.                shall be kept and available for review by the Department
    6. Females in estrus shall not be housed with racing dogs or           inspector.
         males except for breeding purposes.
    7. Cleaning supplies and pesticides shall be stored in a                                  Historical Note
         secure area completely separate from food, bedding stor-          Adopted effective March 1, 1995; R19-2-326 recodified
         age, and greyhounds.                                                          from R4-27-326 (Supp. 95-1).
    8. The grounds shall be free of weeds and other materials         R19-2-327.       Personnel of the Racing Kennel, Breeding
         that may constitute a fire or other hazard and that may      Farm, or Other Operation
         create a breeding ground for fleas and ticks.                A. The owner of the racing kennel, breeding farm, or other opera-
    9. Racing kennels, breeding farms, and other operations in            tion manager / agent, or supervising personnel shall be present
         Arizona shall apply for a license to operate from the            at least once in each 24-hour period to supervise and to ascer-
         Department. Greyhounds bred, whelped, raised, trained,           tain that the care of the greyhounds and maintenance of the
         or kenneled by unlicensed Arizona operations shall not be        facilities conform to all of the rules.
         eligible to race within Arizona.                             B. A sufficient number of employees shall be utilized to provide
B. Turn-out pens and exercise areas.                                      the required care of greyhounds and maintenance of the facili-
    1. Fencing for turn-out pens and exercise areas shall be a            ties.
         minimum of 5 feet high. Material for fencing shall be        C. The racing kennel, breeding farm, or other operation shall be
         such that the health and safety of the greyhounds are not        licensed by the Department. If the owner of the racing kennel,
         endangered. Fences shall be maintained in satisfactory           breeding farm, or other operation is not physically present to
         repair.                                                          run the racing kennel, breeding farm, or other operation, the
    2. Ample lighting shall be provided by natural or artificial          owner’s manager / agent shall also be licensed by the Depart-
         means or both to view the greyhounds while in the turn-          ment.
         out pens and to allow efficient cleaning thereof.
    3. Turn-out pens and exercise areas shall be free of debris,                              Historical Note
         brush, feces, or any unsanitary, or hazardous materials           Adopted effective March 1, 1995; R19-2-327 recodified
         that could endanger the greyhounds.                                           from R4-27-327 (Supp. 95-1).
    4. The greyhound shall be supervised at all times while in        R19-2-328.       Transportation of Greyhounds
         the turnout pens.                                            A. When transported within the state, all greyhounds shall be
    5. Sufficient shelter shall be provided to accommodate all            hauled in crates designed for the sole purpose of transporting
         greyhounds in the exercise areas and turn-out pens to            greyhounds. These crates shall be a minimum of two feet
         allow access to shade from direct sunlight and regress           wide, three feet long, and 34 inches high.
         from exposure to inclement weather.                          B. When transporting racing greyhounds to and from the race-
    6. Turn-out pens shall be cleaned at least daily or more fre-         track, there shall be allowed a maximum of two greyhounds
         quently as may be necessary to reduce disease hazards            per crate, provided that there is enough space for each grey-
         and odors.                                                       hound to comfortably turn about sit, lie, and stand erect. When


Supp. 06-2                                                       Page 50                                                     June 30, 2006
                                                       Arizona Administrative Code                                           Title 19, Ch. 2
                                                       Arizona Racing Commission

   otherwise transporting greyhounds within the state, there shall            rulemaking at 12 A.A.R. 1771, effective July 1, 2006
   be allowed only two greyhounds per crate provided that there                                  (Supp. 06-2).
   is enough space for each greyhound to comfort ably turn
                                                                       R19-2-330.       Inspection Procedure for a Racing Kennel,
   about, sit, lie and stand erect.
C. The crates shall be of sound construction and maintained in         Breeding Farm, or Other Operation
   good repair to ensure that the health and safety of the grey-       A. All racing kennels, breeding farms, or other operations shall be
   hounds are not endangered.                                              available for inspection at all times by representatives of the
D. Floors and lower sides of the crates shall be constructed or            Department. Hauling vehicles used to transport greyhounds
   shall be covered on the inner surfaces to contain excreta and           are considered part of the general equipment of the operation
   bedding materials.                                                      and as such shall be subject to inspection.
E. The crates shall be cleaned and sanitized at least daily, or more   B. Inspections shall be unannounced.
   frequently as may be necessary in order to maintain a sanitary      C. A representative of the racing kennel, breeding farm, or other
   environment for the greyhounds.                                         operation shall be present to assist the investigator during the
F. Hauling vehicles shall provide ventilation that reaches each            inspection.
   greyhound by means of windows, vents, air conditioner or an         D. A copy of the inspection report detailing the findings of the
   evaporative cooling system. Air conditioning, or evaporative            inspection shall be left by the investigator at the racing kennel,
   cooling devices in good working order shall be provided when            breeding farm, or other operation.
   the atmospheric temperature is above 90 degrees Fahrenheit to       E. A follow-up inspection shall be conducted by the Department
   provide comfort to the greyhounds during transport. Heat,               if corrective measures are required, or if sick, or poorly main-
   insulation or bedding adequate to provide warmth shall be pro-          tained grey hounds are found. The Department may seek assis-
   vided when the atmospheric temperature is below 50 degrees              tance from Animal Control authorities for the removal and
   Fahrenheit.                                                             treatment of sick and poorly maintained greyhounds.
G. Greyhounds in hauling vehicles shall be inspected at least once                             Historical Note
   in each four-hour period and their needs attended to immedi-             Adopted effective March 1, 1995; R19-2-330 recodified
   ately. Water shall be provided at each four-hour interval check.                     from R4-27-330 (Supp. 95-1).
H. Racing kennels, breeding farms, or other operations that
   receive greyhounds transported from out-of-state locations          R19-2-331.       Greyhound Adoption Grants
   shall maintain a log. The log shall include:                        A. The purpose of the grants is to promote the adoption of racing
   1. The name of each greyhound,                                          greyhounds as domestic pets. A maximum of 25% of the
   2. Left and right ear tattoo numbers or other permanent                 license fees generated from A.R.S. § 5-104(F)(7) and (8) shall
         identification acceptable to the National Greyhound               be distributed to nonprofit enterprises pursuant to A.R.S. § 5-
         Association,                                                      104(G).
   3. The names of owners or lessees,                                  B. Procedures.
   4. The date of shipping or receiving,                                   1. The enterprise shall submit a Department-generated
   5. Purpose (breeding, racing, training), and                                 application form to the Commission by March 1 of each
   6. Name of hauling company and driver.                                       year the enterprise may desire to apply for a grant. The
I. Newly arriving out-of-state greyhounds shall be housed sepa-                 application form shall require the following information:
   rately until a physical evaluation can be made for the presence              a. A written description of the enterprise and proposed
   of ticks, or fleas and the administration of proper treatment.                    use of the grant;
                                                                                b. Proof of nonprofit status;
                        Historical Note                                         c. A description of its procedures to acclimate the
     Adopted effective March 1, 1995; R19-2-328 recodified                           greyhounds required by A.A.C. R19-2-331(C)(6);
        from R4-27-328 (Supp. 95-1). Amended by final                           d. A description of its adoption procedures required by
      rulemaking at 12 A.A.R. 1771, effective July 1, 2006                           A.A.C. R19-2-331(C)(7);
                         (Supp. 06-2).                                          e. A copy of the application form and the adoption
R19-2-329.        Disposition of Greyhounds                                          agreement required by A.A.C. R19-2-331(C)(7)(a)
A. Racing kennels, breeding farms, or other operations shall                         and (c); and
    maintain a log as to the disposition of individually registered             f. A copy of the owner release form required by
    greyhounds at the end of their breeding, racing, or nonracing                    A.A.C. R19-2-331(C)(9).
    careers. The log shall include:                                        2. The Commission shall decide which enterprise shall
    1. The name of each greyhound,                                              receive a grant, the amount of the grant, and the date of
    2. Left and right ear tattoo numbers or other permanent                     disbursement of such grant.
          identification acceptable to the National Greyhound              3. The recipients of the grants shall report quarterly to the
          Association,                                                          Commission on a form provided by the Department to
    3. The names of owners or lessees,                                          gather the following information:
    4. Date career ended and reason why, and                                    a. The number of greyhounds the enterprise received;
    5. Destination.                                                             b. The number of greyhounds adopted;
B. Every effort shall be made to adopt the greyhounds not used                  c. The number of greyhounds returned and reason for
    for racing or breeding purposes.                                                 return;
C. Greyhounds transported to an adoption agency, breeding farm,                 d. The actual use of the grant; and
    or other location at the end of their breeding, racing, or non-             e. A list of people who adopted the greyhounds, or
    racing careers are subject to the transportation requirements in                 make available to the Department copies of the con-
    R19-2-328.                                                                       tracts between the agency and the adoptee.
                                                                       C. Minimum qualifications.
                        Historical Note                                    1. The enterprise shall be nonprofit.
     Adopted effective March 1, 1995; R19-2-329 recodified                 2. The enterprise shall not:
       from R4-27-329 (Supp. 95-1). Amended by final


June 30, 2006                                                     Page 51                                                        Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

          a.    Allow the greyhounds to be used for racing, wager-      B. Within 10 days of whelping, the breeder shall provide notice
                ing, or hunting;                                           of whelping to the Department on a Department-approved
          b. Place the greyhounds in a pound, humane society, or           form. This notice shall include the names of all owners or les-
                research facility;                                         sees of the dam at the time of whelping who will be entitled to
          c. Resell the greyhounds; or                                     breeders’ awards at a later date. The breeder shall also provide
          d. Place the greyhounds for resale.                              a copy of the Breeding Acknowledgment Form returned to the
    3.    The enterprise shall not euthanize an adoptable grey-            breeder by the National Greyhound Association (NGA).
          hound unless, as determined by a licensed veterinarian, it    C. Within 90 days of whelping, the breeder shall provide tattoo
          is medically necessary for humane reasons.                       numbers of greyhounds from the litter to the Department on a
    4.    The enterprise shall be affiliated with a racetrack that         Department-approved form.
          conducts greyhound racing. Affiliation is satisfied when      D. The breeder shall apply for Arizona-bred certification by sub-
          the general manager, or other executive from the race-           mitting to the Department the completed application form pro-
          track submits to the Commission a written recommenda-            vided by the Department and a National Greyhound
          tion on behalf of the enterprise.                                Association Individual Registration Application. The applica-
    5.    The enterprise shall require that a licensed veterinarian        tion shall include the names of all owners or lessees of the dam
          perform a complete check-up on each greyhound. Each              at the time of whelping who shall be entitled to breeders’
          greyhound shall be spayed, or neutered, and vaccinated as        awards.
          necessary.                                                    E. The breeder shall comply with the following rules in order to
    6.    The enterprise shall employ procedures for acclimating           be eligible for Arizona-bred certification:
          greyhounds, which include:                                       1. A greyhound must be present in Arizona for not less than
          a. Exposure to the public;                                             six months of its first year.
          b. Exposure to a household environment which may                 2. During the greyhound’s first year, the breeder shall notify
                include stairs, couches, toys, mirrors, tables;                  the Department whenever the greyhound is removed from
          c. Exposure to cats; and                                               the state.
          d. Exposure to a new diet.                                       3. The Department may conduct inspections at any time to
    7.    The enterprise shall employ procedures for adopting-out                ensure that greyhounds meet the residency requirement.
          greyhounds, which include:                                    F. The breeder shall make the litter available for inspection by
          a. An application process for prospective adoptees;              the representatives of the Department at any time. The Depart-
          b. A visual check of each prospective adoptee’s home             ment representative shall conduct the inspection of the litter at
                with written documentation;                                a location licensed by the Department and designated on the
          c. A written adoption agreement between the enter-               Breeding Acknowledgement Form within 30 days of whelp-
                prise and adoptee;                                         ing. The Department representative may conduct additional
          d. At a minimum, follow-ups conducted by phone, or               inspections of the litter to verify tattoo numbers and ensure
                visit after seven days and 30 days with written docu-      compliance with requirements of A.R.S. § 5-114(C).
                mentation; and                                          G. If the greyhound and its breeder qualify by meeting require-
          e. Procedures for the return of greyhounds.                      ments set forth in subsections (A) through (E), the Department
    8.    The enterprise shall comply with the housing require-            shall certify that the greyhound is Arizona bred and mail all
          ments set forth in R19-2-324.                                    necessary documents, including the National Greyhound
    9.    The enterprise shall have an owner release form for each         Association Individual Registration Application form, to the
          greyhound in their care.                                         NGA. A greyhound is considered Arizona bred as of the date
    10.   The enterprise shall make available a person to answer           indicated on the Department’s certificate.
          questions from a prospective, or current adoptee.             H. If the Breeder is ineligible for breeders’ awards, the Director
    11.   The enterprise shall keep a file on each greyhound. The          shall send a letter to the applicant explaining the ineligibility.
          file shall include:                                           I. The Department shall retain a copy of the NGA registration
          a. The owner release form;                                       certificate and mail the original to the registered breeder.
          b. The vaccination record, health record, and spay, or        J. Denial. The Director may deny an application for Arizona-
                neuter record;                                             bred certification for any of the following reasons:
          c. The greyhound personality profile;                            1. Failure to notify the Department of whelping as required
          d. The written adoption agreement between the enter-                   by subsection (B),
                prise and adoptee;                                         2. Failure to provide the greyhound tattoo numbers as
          e. The written documentation of visits and follow-ups;                 required in subsection (C),
                and                                                        3. Failure to meet the residency requirements in subsection
          f. The adoptee’s application form.                                     (E)(1) or failure to meet the notification requirement of
    12.   The enterprise shall make available to the adoptee an                  subsection (E)(2), and
          owner’s manual, or other packet of information.                  4. Material misstatement by the breeder.
    13.   Records required by A.A.C. R19-2-331(C)(11) shall be          K. The Department shall use information contained in applica-
          subject to inspection by representatives of the Depart-          tions and notices submitted to the Department in the event of a
          ment.                                                            conflict between Department records and records of another
                                                                           organization.
                        Historical Note
                                                                        L. An applicant may appeal a decision of the Director by follow-
     Adopted effective February 28, 1995; R19-2-331 recodi-
                                                                           ing the requirements in R19-2-322.
               fied from R4-27-331 (Supp. 95-1).
                                                                                                Historical Note
R19-2-332.     Certifying a Greyhound Arizona Bred
                                                                                 Adopted effective January 6, 1998 (Supp. 98-1).
A. A breeder shall be properly licensed pursuant to A.R.S. § 5-
    107.01(B) in order to certify an Arizona-bred greyhound.                            ARTICLE 4. TELETRACKING
                                                                             Section R19-2-401 was adopted and subsequently amended


Supp. 06-2                                                         Page 52                                                    June 30, 2006
                                                         Arizona Administrative Code                                         Title 19, Ch. 2
                                                         Arizona Racing Commission

under an exemption from the provisions of the Arizona Adminis-                14. “Video Breakdown” means any failure in the receipt of a
trative Procedure Act pursuant to A.R.S. § 41-1005(A)(18).                        video signal at a teletrack or racetrack facility including
Exemption from the rulemaking process means that the agency                       any failure to initially acquire a signal.
did not submit these rules to the Secretary of State’s Office for             15. “Video Reception” means the display of wagering infor-
publication in the Register as proposed rules, the agency was not                 mation and races as offered to the general public.
required to accept public comment, and the rules were not
                                                                                                   Historical Note
approved by either the Governor’s Regulatory Review Council or
                                                                               Adopted effective April 3, 1984 (Supp. 84-2). Amended
the Attorney General.
                                                                                by adding paragraphs (8) and (9) effective August 21,
R19-2-401. Definitions                                                           1985 (Supp. 85-4). Repealed effective December 14,
For purposes of this Article, in addition to the definitions set forth          1994 (Supp. 94-4). R19-2-401 recodified from R4-27-
in R19-2-102 and R19-2-302, and unless the context otherwise                   401 (Supp. 95-1). New Section adopted effective Febru-
requires:                                                                          ary 26, 1996, pursuant to an exemption from the
     1. “Teletrack Wagering Permit” means a permit issued by                  rulemaking process (Supp. 96-1). Amended effective July
          the Commission authorizing an Arizona racetrack permit-              22, 1998, pursuant to an exemption from the rulemaking
          tee to telecast a racing program to single or multiple tele-        process (Supp. 98-3). Amended by exempt rulemaking at
          track wagering facilities within the State of Arizona for             5 A.A.R. 532, effective January 29, 1999 (Supp. 99-1).
          the purpose of pari-mutuel wagering.                                Section R19-2-402 was adopted under an exemption from the
     2. “Teletrack Facility” means an additional wagering facil-         provisions of the Arizona Administrative Procedure Act pursuant
          ity owned or leased by an Arizona permittee which is           to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
          used for handling legal wagers.                                cess means that the agency did not submit these rules to the Secre-
     3. “Satellite” means the receiving and retransmission space         tary of State’s Office for publication in the Register as proposed
          station which is in orbit with the earth.                      rules, the agency was not required to accept public comment, and
     4. “Sending Track” means the enclosure where a racing pro-          the rules were not approved by either the Governor’s Regulatory
          gram of authorized live racing is conducted from which         Review Council or the Attorney General.
          teletracking originates.
     5. “Teletracking” means the telecast of live audio and visual       R19-2-402.        Teletrack Wagering
          signals of live or simulcast horse, mule, or greyhound         A. All applicable Department rules governing pari-mutuel wager-
          racing programs conducted at an authorized enclosure                ing are incorporated by reference as also governing teletrack
          within Arizona to an authorized additional wagering                 wagering. Teletrack monies wagered shall be made a part of
          facility within Arizona, by a racetrack permittee for the           the pool of the sending track.
          purpose of pari-mutuel wagering.                               B. Sales transaction data from a teletrack facility to the sending
     6. “Teletrack Wagering” means pari-mutuel wagering con-                  track must be maintained as a separate account for audit pur-
          ducted at a teletrack facility within Arizona on a racing           poses.
          program which is conducted at an authorized track within       C. Sales transaction data shall, by the use of currently approved
          Arizona.                                                            technology, be transmitted separately from pari-mutuel data
     7. “Transmission” means the point-to-point sending and                   and the visual display of the races.
          receiving of an audio/visual signal by any method              D. In case of interruption of transmission of sales transaction or
          approved by the Arizona Department of Racing.                       pari-mutuel output data to or from the teletrack facility, the
     8. “Operating Hours” means the hours in which pari-mutuel                designated representative of the Department may require that
          windows are open at a teletrack facility.                           the amount of wagers which have been accepted be deducted
     9. “Sales Transaction Data” means the electronic signals                 from the sending track pool, the odds recalculated, and those
          transmitted between totalisator ticket-issuing machines             monies bet at the teletrack facility refunded, taking into con-
          and the totalisator central processing unit for the purpose         sideration time, the extent of the breakdown, and the amount
          of accepting wagers and generating, canceling and cash-             of monies wagered.
          ing pari-mutuel tickets; also, the financial information                                 Historical Note
          resulting from processing sales transaction data, such as            Adopted effective April 3, 1984 (Supp. 84-2). Amended
          handle and revenues.                                                 effective August 21, 1985 (Supp. 85-4). Repealed effec-
     10. “Pari-Mutuel Output Data” means any data provided by                 tive December 14, 1994 (Supp. 94-4). R19-2-402 recodi-
          the totalisator system other than sales transaction data            fied from R4-27-401 (Supp. 95-1). New Section adopted
          including, but not limited to, odds, will pays, race results          effective February 26, 1996, pursuant to an exemption
          and pay-off prices.                                                         from the rulemaking process (Supp. 96-1).
     11. “Racing Program” means the live races conducted at an
          authorized track, approved dark-day simulcasts and any               Section R19-2-403 was adopted and subsequently amended
          simulcast races shown to the public in conjunction with        under an exemption from the provisions of the Arizona Adminis-
          live racing on which pari-mutuel wagering is allowed.          trative Procedure Act pursuant to A.R.S. § 41-1005(A)(18).
     12. “TIM-To-Tote Linkage” means the connection in which             Exemption from the rulemaking process means that the agency
          the Ticket Issuing Machines (TIM) are directly connected       did not submit these rules to the Secretary of State’s Office for
          to the permittee’s own calculating or compiling totalisator    publication in the Register as proposed rules, the agency was not
          with no intermediate totalisator systems within that con-      required to accept public comment, and the rules were not
          nection.                                                       approved by either the Governor’s Regulatory Review Council or
     13. “Tote-To-Tote Linkage” means the connection between             the Attorney General.
          the totalisator systems in which one of the systems is not     R19-2-403. General Provisions
          part of the permittee’s calculating system and may or may      The following rules shall apply to each teletrack facility:
          not be used for the compilation of TIM-to-tote wagers               1. At the Director’s discretion, a Department representative
          within its own wagering network that are then forwarded                 may be present during all operating hours.
          to the permittee’s calculating totalisator system.


June 30, 2006                                                       Page 53                                                      Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

    2.   Suitable back-up or replacement tote equipment shall be              10. Notice of any race cancellation, scratches, and other
         available such that down time in the event of equipment                  changes shall be posted conspicuously as soon as possible
         failure shall be 60 minutes or less, during operating                    in the wagering area. In addition, it shall be the responsi-
         hours. At teletrack sites with multiple teller equipment                 bility of the mutuel manager at the host permittee to dis-
         installed, back-up equipment may consist of the remain-                  seminate all changes in wagering information to all
         ing operating teller machines provided that the remaining                teletrack wagering locations.
         machines are sufficient to handle the reasonably antici-             11. The results of each race, and the winnings therefrom,
         pated volume of sales transactions without unreasonable                  shall be posted as soon as possible at each teletrack facil-
         delays or inconvenience to patrons.                                      ity and shall be available to the wagering public for 24
    3.   The permittee controlling the teletrack wagering permit is               hours on the race day following the day of the race.
         responsible during the racing program for reporting any              12. A permittee shall report to the Department any violation
         problems or delays to the public.                                        or suspected violation of law which occurs on or about
    4.   Security requirements will be adequate to control distur-                the premises of the teletrack facility.
         bances.                                                              13. The permittee shall make daily handle and attendance
    5.   Communications must allow the sending track and tele-                    reports for each teletrack facility as prescribed by the
         track facility to communicate without delay. In a Tote-to-               Department.
         Tote situation, if the data transmission link between the            14. Betting Period:
         tote systems fail, the permittee holding the teletrack per-              a. Wagering may only be conducted during periods
         mit shall decide the policy for paying off or refunding                        approved by the Director or Commission in respect
         pari-mutuel tickets and all other communication failures                       to any race, racing card, pool or feature pool.
         at the teletrack site.                                                   b. The Director may prescribe the closing time for pari-
    6.   Photo finish pictures of the previous day’s live races will                    mutuel equipment at each facility based on the level
         be available for viewing upon request within 48 hours.                         of sophistication of the pari-mutuel equipment and
    7.   A video display showing the following information must                         transmission equipment.
         be in operation at each teletrack facility during all operat-        15. The method used to transmit sales transaction and pari-
         ing hours:                                                               mutuel output data shall be approved in writing by the
         a. All wagering information including pool totals, will                  Director, based upon the Director’s determination that
               pays, or odds as offered to the general public at the              provisions to secure the system and transmissions are sat-
               permittee racetrack location;                                      isfactory.
         b. Each race shown live, as it is run;                               16. The permittee shall provide computer reports pertaining
         c. Race Results;                                                         to pari-mutuel activity as required by the Director.
         d. Prices or payoff;
                                                                                                  Historical Note
         e. Minutes to post;
                                                                               Adopted effective April 3, 1984 (Supp. 84-2). Amended
         f. The corresponding race number and track for which
                                                                                 paragraphs (16) and (17) effective August 21, 1985
               the above information is displayed.
                                                                                (Supp. 85-4). Repealed effective December 14, 1994
    8.   Notwithstanding subsection (7), should a video break-
                                                                                (Supp. 94-4). R19-2-403 recodified from R4-27-403
         down occur in the display of the race and wagering infor-
                                                                              (Supp. 95-1). New Section adopted effective February 26,
         mation, the permittee shall immediately contact the
                                                                              1996, pursuant to an exemption from the rulemaking pro-
         Director or his designee. Wagering may continue at the
                                                                              cess (Supp. 96-1). Amended effective July 22, 1998, pur-
         teletrack facility on the affected racing program for the
                                                                                 suant to an exemption from the rulemaking process
         remainder of that racing day provided the following con-
                                                                                 (Supp. 98-3). Amended by exempt rulemaking at 5
         ditions are met:
                                                                                A.A.R. 532, effective January 29, 1999 (Supp. 99-1).
         a. The racetrack permittee shall notify the wagering
               public at the affected teletrack facility of the nature        Section R19-2-404 was adopted under an exemption from the
               of the breakdown;                                         provisions of the Arizona Administrative Procedure Act pursuant
         b. The racetrack permittee shall make immediate and             to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
               continuing efforts to repair the video breakdown;         cess means that the agency did not submit these rules to the Secre-
         c. The racetrack permittee shall provide the Director a         tary of State’s Office for publication in the Register as proposed
               written report concerning the circumstances within        rules, the agency was not required to accept public comment, and
               48 hours of any such breakdown;                           the rules were not approved by either the Governor’s Regulatory
         d. The racetrack permittee shall not accept wagers at           Review Council or the Attorney General.
               the teletrack facility on the affected racing program     R19-2-404.         Application for Original Teletrack Wagering
               for any performance on a subsequent racing day            Permit; Plan of Operation; Renewals of Teletrack Wagering
               until the breakdown has been repaired. The Director
                                                                         Permit
               may, upon written request, authorize the racetrack
               permittee to accept wagers at a teletrack facility        A. An applicant must submit an Application for a Teletrack
               despite an ongoing video breakdown;                            Wagering permit and a Plan of Operation to the Commission
         e. If there is not a reasonable expectation of video                 before the Commission may grant a teletrack wagering permit.
               reception, the racetrack permittee shall not accept            The length of the permit shall not exceed three years. The Plan
               wagers at the teletrack facility on the affected racing        of Operation shall include but not be limited to the following:
               program. The Director may upon written request,                1. Feasibility and accounts. A feasibility study denoting the
               authorize the racetrack permittee to accept wagers at                estimated gross revenue from the teletrack wagering
               a teletrack facility despite the lack of expectation of              operation and the estimated costs to operate. The feasibil-
               video reception.                                                     ity study shall include:
    9.   Arizona pari-mutuel rules must be available in the wager-                  a. The number of races to be displayed,
         ing area.                                                                  b. The types of wagering to be offered and hours dur-
                                                                                          ing which pari-mutuel windows will be in operation,


Supp. 06-2                                                          Page 54                                                     June 30, 2006
                                                         Arizona Administrative Code                                           Title 19, Ch. 2
                                                         Arizona Racing Commission

          c.   The estimated attendance at all additional wagering            1.   Report to the Department any changes in ownership/man-
               facilities,                                                         agement groups,
          d. The level of anticipated wagering activity,                      2. Provide to the Department new contracts or amendments
          e. The source and amount of estimated revenues other                     to existing ones,
               than pari-mutuel wagering,                                     3. Request the approval of the Director for any change in
          f. The cost of operating the teletrack wagering system,                  technology used to transmit sales transaction data,
          g. The amount and source of revenues needed for                     4. Notify the Department of any change in the Plan of Oper-
               financing the teletrack wagering operation,                         ation.
          h. Proof of financial stability and assets sufficient to       C.   Renewal. A permittee shall apply to the Racing Commission
               cover projected costs,                                         for renewal of its teletrack wagering permit at the time it
          i. An estimate of the total amount of anticipated reve-             makes application for a permit to operate a racing meet. The
               nues to be paid to the state of Arizona resulting from         application for renewal shall provide the information required
               teletrack wagering operations.                                 in subsections (A)(1) through (5) above.
     2. Proof of compliance with applicable FCC regulations,
                                                                                                   Historical Note
          and applicable FCC licensing requirements.
                                                                               Adopted effective April 3, 1984 (Supp. 84-2). Amended
     3. Contracts and agreements. The following information
                                                                               effective August 21, 1985 (Supp. 85-4). Repealed effec-
          must be submitted in relation to any groups, concessions,
                                                                              tive December 14, 1994 (Supp. 94-4). R19-2-404 recodi-
          or contracts whether within or outside of Arizona which
                                                                              fied from R4-27-404 (Supp. 95-1). New Section adopted
          are related to the teletrack wagering operation unless such
                                                                                effective February 26, 1996, pursuant to an exemption
          information is already on record with the Department as
                                                                                      from the rulemaking process (Supp. 96-1).
          part of the permittee’s original application to operate rac-
          ing meet:                                                           Section R19-2-405 was adopted under an exemption from the
          a. Copy of all contracts to provide service within Ari-        provisions of the Arizona Administrative Procedure Act pursuant
               zona;                                                     to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
          b. Names and background of the individuals responsi-           cess means that the agency did not submit these rules to the Secre-
               ble for operating the teletrack wagering system;          tary of State’s Office for publication in the Register as proposed
          c. Copies of proposed agreements for the transmission          rules, the agency was not required to accept public comment, and
               of audio-visual signals of racing events and trans-       the rules were not approved by either the Governor’s Regulatory
               mission of sales transaction and pari-mutuel output       Review Council or the Attorney General.
               data;                                                     R19-2-405.         Application for Approval of Additional Wager-
          d. Other information which, in the Director’s judg-            ing Facilities; Plan of Operation; Renewal or Approval of Addi-
               ment, is or may be material, such as information per-
                                                                         tional Wagering Facilities
               taining to financial background and persons
               associated with the parties to the contract.              A. A permittee who holds a permit for teletrack wagering shall
     4. Security.                                                             submit an Application for Approval and a Plan of Operation
          a. The security measures to be employed to protect the              for each additional teletrack wagering facility to the Racing
               teletrack wagering facilities,                                 Commission. The length of the permit for an additional wager-
          b. The security measures to be employed to protect the              ing facility shall not exceed three years. The Plan of Operation
               public,                                                        shall include but not be limited to the following:
          c. The security measures to be employed to prevent the              1. Feasibility and accounts. A feasibility study denoting the
               interception of audio and video signal transmission                  estimated gross revenue from the teletrack facility and the
               of races,                                                            estimated costs to operate the facility. The feasibility
          d. The security measures to be employed to protect                        study shall include:
               transmission of sales transaction and pari-mutuel                    a. The number of races to be displayed,
               output data.                                                         b. The types of wagering to be offered and the hours
     5. Equipment, communication, and transmission.                                      during which pari-mutuel windows will be in opera-
          a. The type of data processing, communication, and                             tion,
               transmission equipment to be utilized;                               c. The estimated attendance at the teletrack facility,
          b. A description of all computer services and all other                   d. The level of anticipated wagering activity,
               methods utilized for the transmission of any data or                 e. The source and amount of estimated revenues from
               signal;                                                                   sources other than pari-mutuel wagering,
          c. A description of any alternate or backup system in                     f. The cost of operating the facility,
               case of principal system failure of communications                   g. The amount and source of revenues needed for
               or data-processing equipment used for forwarding                          financing the teletrack wagering operation,
               wagers;                                                              h. Proof of financial stability and assets sufficient to
          d. Identification of satellite, if applicable;                                 cover projected costs,
          e. Additional information which may be required, at                       i. An estimate of the total amount of anticipated reve-
               the discretion of the Director, such as the names,                        nues to be paid to the state of Arizona resulting from
               addresses, and phone numbers of all individuals who                       teletrack wagering.
               will be involved in the delivery of the signal.                2. Contracts and agreements. The following information
B.   Approval and amendments. A permittee shall conduct a tele-                     must be submitted in relation to any groups, concessions,
     track wagering operation only according to the provisions of                   or contracts, whether within or outside of Arizona, which
     an approved Plan of Operation. Any change to the Plan of                       are connected with the operation of a teletrack facility,
     Operation will be allowed only when approved in writing by                     unless such information is already on record.
     the Director. A permittee shall:                                               a. Listing and background of the management groups
                                                                                         responsible for the operation of the facility;



June 30, 2006                                                       Page 55                                                        Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          b.     The names of all individuals who own 10% or more              tive December 14, 1994 (Supp. 94-4). R19-2-406 recodi-
                 of the facility;                                              fied from R4-27-406 (Supp. 95-1). New Section adopted
           c. Other information which, in the Director’s judg-                   effective February 26, 1996, pursuant to an exemption
                 ment, is or may be material, such as information per-                 from the rulemaking process (Supp. 96-1).
                 taining to financial background and persons
                                                                               Section R19-2-407 was adopted under an exemption from the
                 associated with the parties to the contract.
                                                                          provisions of the Arizona Administrative Procedure Act pursuant
     3. Security. The measures to be employed to protect the
                                                                          to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
           facility, the employees, the public, and the wagering dol-
                                                                          cess means that the agency did not submit these rules to the Secre-
           lars.
                                                                          tary of State’s Office for publication in the Register as proposed
     4. Location of the teletrack wagering facility.
                                                                          rules, the agency was not required to accept public comment, and
     5. Proof that approval for use of the facility to handle pari-
                                                                          the rules were not approved by either the Governor’s Regulatory
           mutuel wagering has been given by the governing body
                                                                          Review Council or the Attorney General.
           of the city or town or by the board of supervisors, if the
           facility is located in an unincorporated area.                 R19-2-407.        Transmission
     6. Building plans and specifications. Adequate provision             A. Only persons authorized in writing by the Director will have
           shall be made for areas appropriate for patrons to handi-           access to the encoder and decoder. An updated list of the loca-
           cap the races and the facilities shall allow reasonable             tion of all decoders, controlled by the sending track or its des-
           access by handicapped persons.                                      ignee, capable of obtaining the race signal of Arizona
B.   Approval and amendments shall be the same as provided in                  racetracks, shall be provided to the Department every 30 days.
     R19-2-404(B).                                                        B. Decoder authorization codes shall be changed more often than
C.   Renewal. A permittee shall apply to the Department for                    every 30 days and changes may be required more often by the
     renewal of its additional wagering facility permits at the time it        Director.
     makes application to renew its Teletrack Wagering Permit.            C. The sending track or its licensed designee (who must be
     Upon receipt of a completed application, the Director may                 approved by the Director) will be the sole controller of the
     approve the:                                                              codes.
     1. Renewal of a teletrack wagering facility,                                                   Historical Note
     2. A permittee’s application to begin operation at a teletrack             Adopted effective April 3, 1984 (Supp. 84-2). Repealed
           wagering facility previously approved by the Racing                  effective December 14, 1994 (Supp. 94-4). R19-2-407
           Commission and currently used by another permittee.                  recodified from R4-27-407 (Supp. 95-1). New Section
D.   After receiving approval from the Racing Commission, a new                   adopted effective February 26, 1996, pursuant to an
     facility may not open for business for a period of five working             exemption from the rulemaking process (Supp. 96-1).
     days or until all licensing requirements are satisfied. Should
     the necessary licensing requirements be completed in less than            Section R19-2-408 was adopted under an exemption from the
     five working days, the remaining days may be waived by the           provisions of the Arizona Administrative Procedure Act pursuant
     Director.                                                            to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
                                                                          cess means that the agency did not submit these rules to the Secre-
                          Historical Note                                 tary of State’s Office for publication in the Register as proposed
      Adopted effective April 3, 1984 (Supp. 84-2). Amended               rules, the agency was not required to accept public comment, and
      effective August 21, 1985 (Supp. 85-4). Repealed effec-             the rules were not approved by either the Governor’s Regulatory
     tive December 14, 1994 (Supp. 94-4). R19-2-405 recodi-               Review Council or the Attorney General.
     fied from R4-27-405 (Supp. 95-1). New Section adopted
       effective February 26, 1996, pursuant to an exemption              R19-2-408.       Suspension of Teletrack Permit
             from the rulemaking process (Supp. 96-1).                    A. The Director or the Director’s designee may suspend any per-
                                                                               mit authorizing the operation of teletrack wagering or may
     Section R19-2-406 was adopted under an exemption from the                 suspend any permit to operate an additional wagering facility
provisions of the Arizona Administrative Procedure Act pursuant                granted to a permittee if such permittee fails to conduct opera-
to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-                  tions in accordance with the provisions of the applicable Plan
cess means that the agency did not submit these rules to the Secre-            of Operation, the applicable rules, or directives, or statutes.
tary of State’s Office for publication in the Register as proposed        B. If the Director finds that the public health, safety, or welfare
rules, the agency was not required to accept public comment, and               imperatively requires emergency action, the Director may
the rules were not approved by either the Governor’s Regulatory                order summary suspension of a teletrack wagering permit or
Review Council or the Attorney General.                                        may order summary suspension of any permit authorizing
R19-2-406.        Requisites for a Teletrack Wagering System                   operation of an additional wagering facility, pending a hearing.
After a permit has been granted by the Commission but prior to                                      Historical Note
beginning operation, if the applicant is required to utilize encoding           Adopted effective April 3, 1984 (Supp. 84-2). Repealed
and decoding systems, applicant will submit the following to the                effective December 14, 1994 (Supp. 94-4). R19-2-408
Director:                                                                       recodified from R4-27-408 (Supp. 95-1). New Section
     1. A description of the coding system used for any autho-                    adopted effective February 26, 1996, pursuant to an
           rized encoding and decoding systems;                                  exemption from the rulemaking process (Supp. 96-1).
     2. Number and manufacturer of any encoders and decoders;
     3. Serial numbers of all encoders and decoders, updated                   Section R19-2-409 was adopted under an exemption from the
           monthly;                                                       provisions of the Arizona Administrative Procedure Act pursuant
     4. Number and location of decoders, updated monthly.                 to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
                                                                          cess means that the agency did not submit these rules to the Secre-
                        Historical Note                                   tary of State’s Office for publication in the Register as proposed
     Adopted effective April 3, 1984 (Supp. 84-2). Amended                rules, the agency was not required to accept public comment, and
     effective August 21, 1985 (Supp. 85-4). Repealed effec-              the rules were not approved by either the Governor’s Regulatory


Supp. 06-2                                                           Page 56                                                     June 30, 2006
                                                      Arizona Administrative Code                                            Title 19, Ch. 2
                                                      Arizona Racing Commission

Review Council or the Attorney General.                                    The following Section was adopted under an exemption from
R19-2-409.       Licensing of Employees at Teletrack Facilities       the provisions of the Administrative Procedure Act (A.R.S. Title
A. A teletrack wagering facility shall not participate in teletrack   41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
    wagering unless all individuals required to be licensed in sub-   from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
    section (B) have been licensed.                                   Commission did not submit these rules to the Governor’s Regula-
B. The following individuals shall be licensed by the Department      tory Review Council for Review; the Commission did not submit
    prior to participating in teletrack wagering:                     notice of proposed rulemaking to the Secretary of State for publi-
    1. All persons employed at any teletrack facility by any per-     cation in the Arizona Administrative Register; the Commission
         mittee,                                                      was not required to hold public hearings on these rules; and the
    2. All persons who own 10% or more in a teletrack facility        Attorney General did not certify these rules.
         leased be a permittee,                                       R19-2-502.        Records
    3. Any individual employed by the facility who has respon-        A. The permittee shall maintain records of all wagering so the
         sibility as manager of the facility during operating (rac-        Department may review such records for any contest including
         ing) hours,                                                       the opening line, subsequent odds fluctuation, the amount and
    4. Any other person designated by the Director.                        at which window wagers were placed on any betting, interest,
                                                                           and such other information as may be required. Such wagering
                         Historical Note
                                                                           records shall be retained by each permittee and safeguarded
     Adopted effective April 3, 1984 (Supp. 84-2). Repealed
                                                                           for a period of time specified by the Department. The Depart-
     effective December 14, 1994 (Supp. 94-4). R19-2-409
                                                                           ment may require that certain of these records be made avail-
     recodified from R4-27-409 (Supp. 95-1). New Section
                                                                           able to the wagering public at the completion of each contest.
       adopted effective February 26, 1996, pursuant to an
                                                                      B. The permittee shall provide the Department with a list of the
      exemption from the rulemaking process (Supp. 96-1).
                                                                           licensed individuals afforded access to pari-mutuel records
     Section R19-2-410 was adopted under an exemption from the             and equipment at the wagering facility.
provisions of the Arizona Administrative Procedure Act pursuant
                                                                                               Historical Note
to A.R.S. § 41-105(A)(18). Exemption from the rulemaking pro-
                                                                           Adopted effective October 21, 1993, under an exemption
cess means that the agency did not submit these rules to the Secre-
                                                                              from the Administrative Procedure Act pursuant to
tary of State’s Office for publication in the Register as proposed
                                                                           A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-502 recod-
rules, the agency was not required to accept public comment, and
                                                                                     ified from R4-27-502 (Supp. 95-1).
the rules were not approved by either the Governor’s Regulatory
Review Council or the Attorney General.                                    The following Section was adopted under an exemption from
R19-2-410.       Directives                                           the provisions of the Administrative Procedure Act (A.R.S. Title
Notwithstanding anything contained in this Article, decisions on      41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
other matters which arise concerning teletrack facility operations    from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
may be made by the Director, within the scope of the Director’s       Commission did not submit these rules to the Governor’s Regula-
statutory authority. The decisions shall be effective immediately     tory Review Council for Review; the Commission did not submit
upon written notification.                                            notice of proposed rulemaking to the Secretary of State for publi-
                                                                      cation in the Arizona Administrative Register; the Commission
                         Historical Note                              was not required to hold public hearings on these rules; and the
     Adopted effective April 3, 1984 (Supp. 84-2). Repealed           Attorney General did not certify these rules.
     effective December 14, 1994 (Supp. 94-4). R19-2-410              R19-2-503.        Pari-mutuel Tickets
     recodified from R4-27-410 (Supp. 95-1). New Section
                                                                      A pari-mutuel ticket is evidence of a contribution to the pari-mutuel
       adopted effective February 26, 1996, pursuant to an
                                                                      pool operated by the permittee and is evidence of the obligation of
      exemption from the rulemaking process (Supp. 96-1).
                                                                      the permittee to pay to the holder thereof such portion of the distrib-
          ARTICLE 5. PARI-MUTUEL WAGERING                             utable amount of the pari-mutuel pool as is represented by such
                                                                      valid pari-mutuel ticket. The permittee shall cash all valid winning
      The following Section was adopted under an exemption from       tickets when such are presented for payment during the course of
the provisions of the Administrative Procedure Act (A.R.S. Title      the meeting where sold, and for a one-year period after the last day
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption         of the meeting. Each pari-mutuel ticket purchaser agrees to abide
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing         by the terms and provisions of these rules, other applicable rules of
Commission did not submit these rules to the Governor’s Regula-       the Arizona Racing Commission, and by the laws of the state of
tory Review Council for Review; the Commission did not submit         Arizona.
notice of proposed rulemaking to the Secretary of State for publi-         1. To be deemed a valid pari-mutuel ticket, such ticket shall
cation in the Arizona Administrative Register; the Commission                   have been issued by a pari-mutuel ticket machine oper-
was not required to hold public hearings on these rules; and the                ated by the permittee and recorded as a ticket entitled to a
Attorney General did not certify these rules.                                   share of the pari-mutuel pool and contain imprinted infor-
R19-2-501.        General                                                       mation as to:
Each permittee shall conduct wagering in accordance with applica-               a. The name of the permittee operating the meeting,
ble laws and these rules. Such wagering shall employ a pari-mutuel              b. A unique identifying number or code,
system approved by the Department. The totalisator shall be tested              c. Identification of the terminal at which the ticket was
prior to and during the meeting as required by the Department.                        issued,
                                                                                d. A designation of the performance for which the
                        Historical Note
                                                                                      wagering transaction was issued,
    Adopted effective October 21, 1993, under an exemption
                                                                                e. The contest number for which the pool is conducted,
       from the Administrative Procedure Act pursuant to
                                                                                f. The type or types of wagers represented,
    A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-501 recod-
              ified from R4-27-501 (Supp. 95-1).


June 30, 2006                                                    Page 57                                                         Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          g.   The number or numbers representing the betting             41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
               interests for which the wager is recorded,                 from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
          h. The amount or amounts of the contributions to the            Commission did not submit these rules to the Governor’s Regula-
               pari-mutuel pool or pools for which the ticket is evi-     tory Review Council for Review; the Commission did not submit
               dence.                                                     notice of proposed rulemaking to the Secretary of State for publi-
     2.   No pari-mutuel ticket recorded or reported as previously        cation in the Arizona Administrative Register; the Commission
          paid, cancelled, or nonexistent shall be deemed a valid         was not required to hold public hearings on these rules; and the
          pari-mutuel ticket by the permittee. The permittee may          Attorney General did not certify these rules.
          withhold payment and refuse to cash any pari-mutuel             R19-2-505.         Advance Performance Wagering
          ticket deemed not valid, except as provided in R19-2-           No permittee shall permit wagering to begin more than one day
          504(E) of these rules.                                          before scheduled post time of the first contest of a performance
                         Historical Note                                  unless it has first obtained the authorization of the Department.
     Adopted effective October 21, 1993, under an exemption                                        Historical Note
        from the Administrative Procedure Act pursuant to                      Adopted effective October 21, 1993, under an exemption
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-503 recod-                       from the Administrative Procedure Act pursuant to
               ified from R4-27-503 (Supp. 95-1).                              A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-505 recod-
     The following Section was adopted under an exemption from                           ified from R4-27-505 (Supp. 95-1).
the provisions of the Administrative Procedure Act (A.R.S. Title               The following Section was adopted under an exemption from
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption             the provisions of the Administrative Procedure Act (A.R.S. Title
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing             41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
Commission did not submit these rules to the Governor’s Regula-           from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
tory Review Council for Review; the Commission did not submit             Commission did not submit these rules to the Governor’s Regula-
notice of proposed rulemaking to the Secretary of State for publi-        tory Review Council for Review; the Commission did not submit
cation in the Arizona Administrative Register; the Commission             notice of proposed rulemaking to the Secretary of State for publi-
was not required to hold public hearings on these rules; and the          cation in the Arizona Administrative Register; the Commission
Attorney General did not certify these rules.                             was not required to hold public hearings on these rules; and the
R19-2-504.        Pari-mutuel Ticket Sales                                Attorney General did not certify these rules.
A. Pari-mutuel tickets shall not be sold by anyone other than a           R19-2-506.       Claims for Payment from Pari-mutuel Pool
     permittee licensed to conduct pari-mutuel wagering, and such         At a designated location, a written, verified claim for payment from
     tickets shall be sold within the enclosure in which authorized       a pari-mutuel pool shall be accepted by the permittee in any case
     racing takes place and at all facilities pursuant to A.R.S. § 5-     where the permittee has withheld payment or has refused to cash a
     111 and A.R.S. § 5-112.                                              pari-mutuel wager. The claim shall be made on such form as
B. No pari-mutuel ticket may be sold on a contest for which               approved by the Department, and the claimant shall make such
     wagering has already been closed and no permittee shall be           claim under penalty of perjury. The original of such claim shall be
     responsible for ticket sales entered into but not completed by       forwarded to the Department within 48 hours.
     issuance of a ticket before the totalisator is closed for wagering        1. In the case of a claim made for payment of a mutilated
     on such contest.                                                               pari-mutuel ticket which does not contain the total
C. Claims pertaining to a mistake on an issued or unissued ticket                   imprinted elements required pursuant to R19-2-503(1) of
     must be made by the bettor prior to leaving the seller’s win-                  these rules, the permittee shall make a recommendation
     dow.                                                                           to accompany the claim forwarded to the Department as
D. Payment on winning pari-mutuel wagers shall be made on the                       to whether or not the mutilated ticket has sufficient ele-
     basis of the order of finish as purposely posted and declared                  ments to be positively identified as a winning ticket.
     “official.” Any subsequent change in the order of finish or               2. In the case of a claim made for payment on a pari-mutuel
     award of purse money as may result from a subsequent ruling                    wager, the Department shall adjudicate the claim and may
     by the stewards or Department shall in no way affect the pari-                 order payment thereon from the pari-mutuel pool or by
     mutuel payoff. If an error in the posted order of finish or pay-               the permittee, or may deny the claim, or may make such
     off figures is discovered, the official order of finish or payoff              other order as it may deem proper.
     prices may be corrected and an announcement concerning the
     change shall be made to the public.                                                           Historical Note
E. The permittee shall not satisfy claims on lost, mutilated, or               Adopted effective October 21, 1993, under an exemption
     altered pari-mutuel tickets without authorization of the Depart-             from the Administrative Procedure Act pursuant to
     ment.                                                                     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-506 recod-
F. The permittee shall have no obligation to enter a wager into a                        ified from R4-27-506 (Supp. 95-1).
     betting pool if unable to do so due to equipment failure.                 The following Section was adopted under an exemption from
G. Pari-mutuel tickets shall neither be sold nor purchased by any-        the provisions of the Administrative Procedure Act (A.R.S. Title
     one under 18 years of age.                                           41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
                         Historical Note                                  from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
     Adopted effective October 21, 1993, under an exemption               Commission did not submit these rules to the Governor’s Regula-
        from the Administrative Procedure Act pursuant to                 tory Review Council for Review; the Commission did not submit
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-504 recod-               notice of proposed rulemaking to the Secretary of State for publi-
               ified from R4-27-504 (Supp. 95-1).                         cation in the Arizona Administrative Register; the Commission
                                                                          was not required to hold public hearings on these rules; and the
     The following Section was adopted under an exemption from            Attorney General did not certify these rules.
the provisions of the Administrative Procedure Act (A.R.S. Title



Supp. 06-2                                                           Page 58                                                   June 30, 2006
                                                         Arizona Administrative Code                                           Title 19, Ch. 2
                                                         Arizona Racing Commission

R19-2-507.        Payment for Errors                                      C.   Official results and payoffs must be displayed upon each con-
If an error occurs in the payment amounts for pari-mutuel wagers               test being declared official.
which are cashed or entitled to be cashed and, as a result of such                                 Historical Note
error, the pari-mutuel pool involved in the error is not correctly dis-        Adopted effective October 21, 1993, under an exemption
tributed among winning ticket holders, the following shall apply:                 from the Administrative Procedure Act pursuant to
     1. Verification is required to show that the amount of the                A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-509 recod-
           commission, the amount in breakage, and the amount in                         ified from R4-27-509 (Supp. 95-1).
           payoffs is equal to the total gross pool. If the amount of
           the pool is more than the amount used to calculate the              The following Section was adopted under an exemption from
           payoff, the underpayment shall be paid to the Department       the provisions of the Administrative Procedure Act (A.R.S. Title
           for deposit into the State Treasury.                           41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
     2. Any claim not filed with the permittee within 30 days,            from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
           inclusive of the date on which the underpayment was            Commission did not submit these rules to the Governor’s Regula-
           publicly announced, shall be deemed waived, and the per-       tory Review Council for Review; the Commission did not submit
           mittee shall have no further liability therefore.              notice of proposed rulemaking to the Secretary of State for publi-
     3. In the event the error results in an overpayment to win-          cation in the Arizona Administrative Register; the Commission
           ning wagers, the permittee shall be responsible for such       was not required to hold public hearings on these rules; and the
           payment.                                                       Attorney General did not certify these rules.
                         Historical Note                                  R19-2-510.        Cancelled Contests
     Adopted effective October 21, 1993, under an exemption               A. If a contest is cancelled or declared “no contest,” refunds shall
        from the Administrative Procedure Act pursuant to                      be granted on valid wagers in accordance with these rules.
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-507 recod-               B. Should less than three contestants in a greyhound race finish,
               ified from R4-27-507 (Supp. 95-1).                              the contest shall be declared “no contest,” and refunds shall be
                                                                               granted on valid wagers in accordance with these rules.
      The following Section was adopted under an exemption from
the provisions of the Administrative Procedure Act (A.R.S. Title                                   Historical Note
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption                  Adopted effective October 21, 1993, under an exemption
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing                     from the Administrative Procedure Act pursuant to
Commission did not submit these rules to the Governor’s Regula-                A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-510 recod-
tory Review Council for Review; the Commission did not submit                            ified from R4-27-510 (Supp. 95-1).
notice of proposed rulemaking to the Secretary of State for publi-             The following Section was adopted under an exemption from
cation in the Arizona Administrative Register; the Commission             the provisions of the Administrative Procedure Act (A.R.S. Title
was not required to hold public hearings on these rules; and the          41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
Attorney General did not certify these rules.                             from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
R19-2-508.       Betting Explanation                                      Commission did not submit these rules to the Governor’s Regula-
A summary explanation of pari-mutuel wagering and each type of            tory Review Council for Review; the Commission did not submit
betting pool offered shall be published in the program for every          notice of proposed rulemaking to the Secretary of State for publi-
wagering performance. The rules of racing relative to each type of        cation in the Arizona Administrative Register; the Commission
pari-mutuel pool offered must be prominently displayed on permit-         was not required to hold public hearings on these rules; and the
tee grounds and available upon request through permittee represen-        Attorney General did not certify these rules.
tatives.                                                                  R19-2-511.        Refunds
                         Historical Note                                  A. Notwithstanding other provisions of these rules, refunds of the
     Adopted effective October 21, 1993, under an exemption                    entire pool shall be made on:
        from the Administrative Procedure Act pursuant to                      1. Win pools, Exacta pools, and first-half Double pools
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-508 recod-                         offered in contests in which the number of betting inter-
               ified from R4-27-508 (Supp. 95-1).                                   ests has been reduced to fewer than 2.
                                                                               2. Place pools, Quinella pools, Trifecta pools, first-half
     The following Section was adopted under an exemption from                      Quinella Double pools, first-half Twin Quinella pools,
the provisions of the Administrative Procedure Act (A.R.S. Title                    first-half Twin Trifecta pools, and first-half Tri-Super-
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption                       fecta pools offered in contests in which the number of
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing                       betting interests has been reduced to fewer than 3.
Commission did not submit these rules to the Governor’s Regula-                3. Show pools, Superfecta pools, and first-half Twin Super-
tory Review Council for Review; the Commission did not submit                       fecta pools offered in contests in which the number of
notice of proposed rulemaking to the Secretary of State for publi-                  betting interests has been reduced to fewer than 4.
cation in the Arizona Administrative Register; the Commission             B. Authorized refunds shall be paid upon presentation and surren-
was not required to hold public hearings on these rules; and the               der of the affected pari-mutuel ticket.
Attorney General did not certify these rules.
                                                                                                   Historical Note
R19-2-509.        Display of Betting Information
                                                                               Adopted effective October 21, 1993, under an exemption
A. Approximate odds for Win pool betting shall be posted on dis-                 from the Administrative Procedure Act pursuant to
     play devices within view of the wagering public and updated               A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-511 recod-
     at intervals of not more than 90 seconds.                                           ified from R4-27-511 (Supp. 95-1).
B. The probable payoff or amounts wagered, in total and on each
     betting interest, for other pools shall be displayed to the               The following Section was adopted under an exemption from
     wagering public at intervals and in a manner approved by the         the provisions of the Administrative Procedure Act (A.R.S. Title
     Department.                                                          41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption



June 30, 2006                                                        Page 59                                                       Supp. 06-2
Title 19, Ch. 2                                           Arizona Administrative Code
                                                          Arizona Racing Commission

from A.R.S. Title 41, Chapter 6 means that the Arizona Racing                   9.    May be allowed to prohibit Twin Quinella wagering on
Commission did not submit these rules to the Governor’s Regula-                       any contests with three or fewer betting interests sched-
tory Review Council for Review; the Commission did not submit                         uled to start.
notice of proposed rulemaking to the Secretary of State for publi-              10.   Shall prohibit Twin Trifecta wagering on any contests
cation in the Arizona Administrative Register; the Commission                         with six or fewer betting interests scheduled to start.
was not required to hold public hearings on these rules; and the                11.   Shall prohibit Tri-Superfecta wagering on any contests
Attorney General did not certify these rules.                                         with of seven or fewer betting interests scheduled to start.
R19-2-512.        Coupled Entries and Mutuel Fields                             12.   Shall prohibit Twin Superfecta wagering on any contests
A. Contestants coupled in wagering as a coupled entry or mutuel                       with seven or fewer betting interests scheduled to start.
     field shall be considered part of a single betting interest for the        13.   May prohibit wagering on any particular contestant or
     purpose of price calculations and distribution of pools. Should                  contestants in stakes races, if such exclusions are clearly
     any contestant in a coupled entry or mutuel field be officially                  indicated within the program.
     withdrawn or scratched, the remaining contestants in that cou-                                  Historical Note
     pled entry or mutuel field shall remain valid betting interests            Adopted effective October 21, 1993, under an exemption
     and no refunds will be granted. If all contestants within a cou-               from the Administrative Procedure Act pursuant to
     pled entry or mutuel field are scratched, then tickets on such             A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-513 recod-
     betting interests shall be refunded, notwithstanding other pro-             ified from R4-27-513 (Supp. 95-1). Amended effective
     visions of these rules.                                                          July 3, 1996 (Supp. 96-3). Amended by exempt
B. For the purpose of price calculations only, coupled entries and               rulemaking at 6 A.A.R. 786, effective February 1, 2000
     mutuel fields shall be calculated as a single finisher, using the                                 (Supp. 00-1)
     finishing position of the leading contestant in that coupled
     entry or mutuel field to determine order of placing. This rule             The following Section was adopted under an exemption from
     shall apply to all circumstances, including situations involving      the provisions of the Administrative Procedure Act (A.R.S. Title
     a dead heat, except as otherwise provided by these rules.             41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
                                                                           from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
                         Historical Note                                   Commission did not submit these rules to the Governor’s Regula-
     Adopted effective October 21, 1993, under an exemption                tory Review Council for Review; the Commission did not submit
        from the Administrative Procedure Act pursuant to                  notice of proposed rulemaking to the Secretary of State for publi-
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-512 recod-                cation in the Arizona Administrative Register; the Commission
               ified from R4-27-512 (Supp. 95-1).                          was not required to hold public hearings on these rules; and the
     The following Section was adopted under an exemption from             Attorney General did not certify these rules.
the provisions of the Administrative Procedure Act (A.R.S. Title           R19-2-514.       Prior Approval Required for Betting Pools
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption              A. A permittee that desires to offer new forms of wagering must
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing                   apply in writing to the Department and receive written
Commission did not submit these rules to the Governor’s Regula-                 approval prior to implementing the new betting pool.
tory Review Council for Review; the Commission did not submit              B. The permittee may suspend previously approved forms of
notice of proposed rulemaking to the Secretary of State for publi-              wagering with the prior approval of the Department. Any car-
cation in the Arizona Administrative Register; the Commission                   ryover shall be held until the suspended form of wagering is
was not required to hold public hearings on these rules; and the                reinstated. A permittee may request approval of a form of
Attorney General did not certify these rules.                                   wagering or separate wagering pool for specific performances.
R19-2-513.        Pools Dependent upon Betting Interests                                            Historical Note
Unless the Department otherwise provides, at the time the pools are             Adopted effective October 21, 1993, under an exemption
opened for wagering, the permittee:                                                from the Administrative Procedure Act pursuant to
     1. May offer win, place, and show wagering on all contests                 A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-514 recod-
          with six or more betting interests.                                             ified from R4-27-514 (Supp. 95-1).
     2. May be allowed to prohibit show wagering on any contest
          with five or fewer betting interests scheduled to start.
     3. May be allowed to prohibit place wagering on any contest                The following Section was adopted under an exemption from
          with four or fewer betting interests scheduled to start.         the provisions of the Administrative Procedure Act (A.R.S. Title
     4. May be allowed to prohibit Quinella wagering on any                41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
          contest with three or fewer betting interests scheduled to       from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
          start.                                                           Commission did not submit these rules to the Governor’s Regula-
     5. May be allowed to prohibit Quinella Double wagering on             tory Review Council for Review; the Commission did not submit
          any contests with three or fewer betting interests sched-        notice of proposed rulemaking to the Secretary of State for publi-
          uled to start.                                                   cation in the Arizona Administrative Register; the Commission
     6. May be allowed to prohibit Exacta wagering on any con-             was not required to hold public hearings on these rules; and the
          test with three or fewer betting interests scheduled to          Attorney General did not certify these rules.
          start.                                                           R19-2-515.        Closing of Wagering in a Contest
     7. Shall prohibit Trifecta wagering on any horse racing con-          A. A Department representative shall close wagering for each
          test with five or fewer betting interests scheduled to start.         contest after which time no pari-mutuel tickets shall be sold
          The permittee shall prohibit Trifecta wagering on any                 for that contest.
          greyhound contest with five or fewer betting interests           B. The permittee shall maintain, in good order, a system
          scheduled to start.                                                   approved by the Department for closing wagering.
     8. Shall prohibit Superfecta wagering on any contest with                  1. Should the totalisator fail mechanically and become unre-
          six or fewer betting interests scheduled to start.                          liable as to the amounts wagered, the payoff shall be


Supp. 06-2                                                            Page 60                                                      June 30, 2006
                                                      Arizona Administrative Code                                           Title 19, Ch. 2
                                                      Arizona Racing Commission

         computed on the sums then wagered in each pool as                            ified from R4-27-517 (Supp. 95-1).
         shown by the recapitulation of the sales registered by
                                                                           The following Section was adopted under an exemption from
         each ticket-issuing device. If the pari-mutuel equipment
                                                                      the provisions of the Administrative Procedure Act (A.R.S. Title
         renders such recapitulation impossible, all money
                                                                      41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
         wagered on the contest shall be refunded.
                                                                      from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
    2.   In the event that a breakdown of the totalisator cannot be
                                                                      Commission did not submit these rules to the Governor’s Regula-
         repaired during wagering on a contest, the wagering for
                                                                      tory Review Council for Review; the Commission did not submit
         that contest shall be declared closed. The payoff for such
                                                                      notice of proposed rulemaking to the Secretary of State for publi-
         a race shall be computed on the sums wagered in each
                                                                      cation in the Arizona Administrative Register; the Commission
         pool prior to the breakdown, subject to the limitations of
                                                                      was not required to hold public hearings on these rules; and the
         subsection (B)(1) of this Section.
                                                                      Attorney General did not certify these rules.
                         Historical Note                              R19-2-518.        State Mutuel Supervisor
    Adopted effective October 21, 1993, under an exemption            A. The Director shall appoint a state mutuel supervisor who shall
       from the Administrative Procedure Act pursuant to                   monitor the pari-mutuel department and wagering at all race
    A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-515 recod-                 meetings and additional wagering facilities.
               ified from R4-27-515 (Supp. (5-1).                     B. A permittee shall grant the state mutuel supervisor and Depart-
     The following Section was adopted under an exemption from             ment unrestricted access to its facilities and equipment and to
the provisions of the Administrative Procedure Act (A.R.S. Title           all books, ledgers, accounts, documents, and records pertain-
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption              ing to pari-mutuel wagering.
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing         C. The state mutuel supervisor shall receive all requested infor-
Commission did not submit these rules to the Governor’s Regula-            mation from a permittee’s officers and employees promptly
tory Review Council for Review; the Commission did not submit              and shall receive full cooperation while carrying out the duties
notice of proposed rulemaking to the Secretary of State for publi-         of that office.
cation in the Arizona Administrative Register; the Commission         D. The state mutuel supervisor shall report to the Director and
was not required to hold public hearings on these rules; and the           stewards any failure of the permittee, including its officers and
Attorney General did not certify these rules.                              employees, to comply with both the provisions of these rules
R19-2-516.       Complaints Pertaining to Pari-mutuel Opera-               and the laws of the state of Arizona.
tions                                                                                          Historical Note
A. When a patron makes a complaint regarding the pari-mutuel               Adopted effective October 21, 1993, under an exemption
     department to a permittee, the permittee shall immediately               from the Administrative Procedure Act pursuant to
     issue a complaint report setting out:                                 A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-518 recod-
     1. The name of the complainant;                                                 ified from R4-27-518 (Supp. 95-1).
     2. The nature of the complaint;                                       The following Section was adopted under an exemption from
     3. The name of the persons, if any, against whom the com-        the provisions of the Administrative Procedure Act (A.R.S. Title
          plaint was made;                                            41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption
     4. The date of the complaint;                                    from A.R.S. Title 41, Chapter 6 means that the Arizona Racing
     5. The action taken or proposed to be taken, if any, by the      Commission did not submit these rules to the Governor’s Regula-
          permittee.                                                  tory Review Council for Review; the Commission did not submit
B. The permittee shall submit every complaint report to the           notice of proposed rulemaking to the Secretary of State for publi-
     Department within 48 hours after the complaint was made.         cation in the Arizona Administrative Register; the Commission
                        Historical Note                               was not required to hold public hearings on these rules; and the
    Adopted effective October 21, 1993, under an exemption            Attorney General did not certify these rules.
       from the Administrative Procedure Act pursuant to              R19-2-519.        Mutuel Manager
    A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-516 recod-            A. In the event of an emergency in connection with the pari-
              ified from R4-27-516 (Supp. 95-1).                           mutuel department not covered in these rules, the mutuel man-
     The following Section was adopted under an exemption from             ager representing the permittee shall report the problem to the
the provisions of the Administrative Procedure Act (A.R.S. Title           stewards and the permittee, and the stewards shall render a full
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption              report to the Department within 48 hours.
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing         B. The mutuel manager shall be responsible for the correctness of
Commission did not submit these rules to the Governor’s Regula-            all payoff prices posted on the odds board, subject to the limi-
tory Review Council for Review; the Commission did not submit              tations of nonfraudulent human and mechanical errors. In the
notice of proposed rulemaking to the Secretary of State for publi-         event that a payoff is both incorrectly posted and paid, the
cation in the Arizona Administrative Register; the Commission              mutuel manager shall file with the Department a complete
was not required to hold public hearings on these rules; and the           report explaining the circumstances prior to the next racing
Attorney General did not certify these rules.                              day.
                                                                      C. The mutuel manager shall provide the Department with, upon
R19-2-517.       Licensed Employees
                                                                           request, complete and detailed reports of each race day;
All licensees shall report any known irregularities or wrongdoings         including the handle of each race, the total handle and atten-
by any person involving pari-mutuel wagering immediately to the            dance, the payoffs on each race, breakage and commission,
Department and cooperate in subsequent investigations.                     opening and closing lines, and sellers’ shortages and overages.
                       Historical Note                                                        Historical Note
    Adopted effective October 21, 1993, under an exemption                 Adopted effective October 21, 1993, under an exemption
       from the Administrative Procedure Act pursuant to                     from the Administrative Procedure Act pursuant to
    A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-517 recod-


June 30, 2006                                                    Page 61                                                        Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-519 recod-                  3. The sending racetrack permittee shall maintain such secu-
               ified from R4-27-519 (Supp. 95-1).                               rity controls including encryption over its uplink and
                                                                                communications systems as directed or approved by the
R19-2-520.        Reserved
                                                                                Department.
                                                                        H. Duties of Receiving Racetrack Permittee
      The following Section was adopted and subsequently                   1. A receiving racetrack permittee conducting a live com-
amended under an exemption from the provisions of the Adminis-                  mercial racing meeting in this state may conduct and
trative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to                  operate a pari-mutuel wagering system on the results of
A.R.S. § 41-1005(A)(18). Exemption from A.R.S. Title 41, Chap-                  contests being held or conducted and simulcast from the
ter 6 means that the Arizona Racing Commission did not submit                   enclosures of one or more sending racetrack permittees
these rules to the Governor’s Regulatory Review Council for                     outside this state and with approval of the Department.
Review; the Commission did not submit notice of proposed                   2. Receiving racetrack permittee shall provide:
rulemaking to the Secretary of State for publication in the Ari-                a. Adequate transmitting and receiving equipment of
zona Administrative Register; the Commission was not required                         acceptable broadcast quality, which shall not inter-
to hold public hearings on these rules; and the Attorney General                      fere with the closed-circuit TV system of the send-
did not certify these rules.                                                          ing racetrack permittee for providing any sending
R19-2-521. Simulcast Wagering                                                         facility patron information.
A. The Department may authorize a racetrack permittee to con-                   b. Pari-mutuel terminals, pari-mutuel odds displays,
    duct simulcasting as defined in A.R.S. § 5-101 pursuant to                        modems, and switching units enabling pari-mutuel
    A.R.S. § 5-112 and the Interstate Horse Racing Act of 1978.                       data transmissions, and data communications
B. A racetrack permittee shall submit a request for sending or                        between the sending and receiving racetrack permit-
    receiving of simulcasts in writing to the Director of the                         tees.
    Department.                                                                 c. A voice communication system between receiving
C. For approval of horse simulcasts, the Department requires the                      racetrack permittee and the sending racetrack per-
    following:                                                                        mittee providing timely voice contact among the
    1. A completed simulcast agreement between a racetrack                            Department designees, placing judges, and pari-
         permittee and out-of-state entity specifying which races                     mutuel departments.
         will be simulcast to or from each specific track involved              d. A monthly copy of the simulcast schedule and any
         in the agreement.                                                            amendments to that schedule to the Department.
    2. Written approval of the out-of-state horsemen’s group, if           3. A receiving racetrack permittee shall conduct pari-mutuel
         applicable.                                                            wagering pursuant to the applicable Department rules.
    3. Written approval of the out-of-state racing commission.             4. With the exception of the cases in subsection (I)(1), at all
    4. Written approval of the local horsemen’s group. For pur-                 times the live video signal shall be shown to the wagering
         poses of this Section, horsemen’s group is the group                   public.
         which represents the majority of the horsemen racing at           5. The Department may appoint at least one designee to
         or contracted with the racetrack permittee.                            supervise all approved simulcast facilities and may
D. For approval of greyhound simulcasts, the Department                         require additional designees as is reasonably necessary
    requires the following:                                                     for the protection of the public interest.
    1. A completed simulcast agreement between a racetrack              I. Acquisition and Subsequent Loss of Simulcast Video Signal
         permittee and out-of-state entity.                                1. Should a video breakdown occur in the display of the race
    2. Written approval of the out-of-state racing commission.                  and wagering information, the permittee shall immedi-
E. Withdrawal of any of the written approvals required in subsec-               ately contact the Director or the Director’s designee.
    tions (C) and (D) shall at any time constitute grounds for the              Wagering may continue at the permittee racetrack loca-
    Department to rescind authorization for simulcasting.                       tion on the affected racing program for the remainder of
F. Additional Wagering Facilities                                               that racing day provided the following conditions are
    1. A racetrack permittee may conduct simulcasting at the                    met:
         racetrack enclosure and at any additional wagering facil-              a. The racetrack permittee shall notify the wagering
         ity operated by the racetrack permittee providing that the                   public of the nature of the breakdown;
         additional wagering facility is included in the simulcast              b. The racetrack permittee shall make immediate and
         agreement.                                                                   continuing efforts to repair the video breakdown;
    2. A racetrack permittee may send its simulcast signal to an                c. The racetrack permittee shall provide the Director a
         out-of-state racetrack enclosure and any additional                          written report concerning the circumstances within
         wagering facilities operated or used by the out-of-state                     48 hours of any such breakdown;
         entity providing all locations receiving the simulcast sig-            d. The racetrack permittee shall not accept wagers at
         nal are included in the simulcast agreement.                                 the racetrack enclosure on the affected racing pro-
G. Duties of Sending Racetrack Permittee                                              gram for any performance on a subsequent racing
    1. The sending racetrack permittee is responsible for content                     day until the breakdown has been repaired. The
         of the simulcast and shall use all reasonable effort to                      Director may, upon written request, authorize the
         present a simulcast which offers the viewers an exem-                        racetrack permittee to accept wagers despite an
         plary depiction of each performance.                                         ongoing video breakdown;
    2. Unless otherwise permitted by the Department, every                      e. If there is not a reasonable expectation of video
         simulcast will contain in its video content a digital signal                 reception, the racetrack permittee shall not accept
         of actual time of day, the name of the host facility from                    wagers on the affected racing program. The Director
         where it emanates, the number of the contest being dis-                      may, upon written request, authorize the racetrack
         played, and any other relevant information available to                      permittee to accept wagers despite an ongoing video
         patrons at the sending facility.                                             breakdown;


Supp. 06-2                                                         Page 62                                                  June 30, 2006
                                                        Arizona Administrative Code                                            Title 19, Ch. 2
                                                        Arizona Racing Commission

          f.   For separate pool simulcast wagering, the racetrack                jurisdiction is identical to that at the sending track (within
               permittee shall ensure that the voice communication                the limits permitted by state law).
               line between the Arizona Stewards and their out-of-           3. Where takeout rates in the merged pool are not identical,
               state counterpart remains intact;                                  the net price calculation shall be the method by which the
          g. For common pool simulcast wagering, the racetrack                    differing takeout rates are applied.
               permittee shall ensure that the core-to-core link             4. Rules of racing as established for the contest in the send-
               between the Arizona permittee’s tote system and the                ing track shall apply to the merged pool.
               out-of-state tote system remains intact.                      5. The Department shall approve agreements made between
     2.   In accordance with R19-2-505, the racetrack permittee                   the racetrack permittee and other participants in interstate
          may request in writing to the Director the authorization to             common pools governing the distribution of breakage
          conduct advance performance wagering.                                   between the jurisdictions.
                                                                             6. If, for any reason, it becomes impossible to successfully
                           Historical Note
                                                                                  merge the bets placed into the interstate common pool,
     Adopted effective October 21, 1993, under an exemption
                                                                                  the racetrack permittee shall make payoffs in accordance
         from the Administrative Procedure Act pursuant to
                                                                                  with payoff prices that would have been in effect if prices
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-521 recod-
                                                                                  for the pool of bets were calculated without regard to
      ified from R4-27-521 (Supp. 95-1). Amended effective
                                                                                  wagers placed elsewhere; except that, with permission of
     February 17, 1998, under an exemption from the Admin-
                                                                                  the Department, the racetrack permittee may alternatively
           istrative Procedure Act pursuant to A.R.S. § 41-
                                                                                  determine to either pay winning tickets at the payoff
       1005(A)(18) (Supp. 98-1). Amended effective July 22,
                                                                                  prices at the sending track or declare such accepted bets
     1998, pursuant to an exemption under the Administrative
                                                                                  void and make refunds in accordance with the applicable
         Procedure Act. (Supp. 98-3). Amended by exempt
                                                                                  rules.
      rulemaking at 5 A.A.R. 532, effective January 29, 1999
                                                                        C.   Participation in Merged Pools by Sending Racetrack Permittee
         (Supp. 99-1). Amended by exempt rulemaking at 5
                                                                             1. With the prior approval of the Department, a racetrack
         A.A.R. 2176, effective June 15, 1999 (Supp. 99-2).
                                                                                  permittee conducting a live racing meeting and conduct-
      The following Section was adopted and subsequently                          ing pari-mutuel wagering may determine that all or part
amended under an exemption from the provisions of the Adminis-                    of its racing program be utilized for pari-mutuel wagering
trative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to                    by sending all or part of its racing program to facilities
A.R.S. § 41-1005(A)(18). Exemption from A.R.S. Title 41, Chap-                    outside this state and may also determine that pari-mutuel
ter 6 means that the Arizona Racing Commission did not submit                     pools at such facilities be combined with corresponding
these rules to the Governor’s Regulatory Review Council for                       wagering pools established by it as the sending track.
Review; the Commission did not submit notice of proposed                     2. Rules of racing established for races held in this state
rulemaking to the Secretary of State for publication in the Ari-                  shall also apply to interstate common pools unless the
zona Administrative Register; the Commission was not required                     Department shall have specifically otherwise determined.
to hold public hearings on these rules; and the Attorney General             3. The Department shall approve agreements made between
did not certify these rules.                                                      the racetrack permittee and other participants in interstate
R19-2-522.         Interstate Common Pool Wagering                                common pools governing the distribution of breakage
A. General                                                                        between the jurisdictions.
      1. All contracts governing participation by a racetrack per-           4. Any contract for interstate common pools entered into by
           mittee in interstate common pools shall be submitted to                the racetrack permittee shall contain a provision to the
           the Department for approval.                                           effect that if, for any reason, it becomes impossible to
      2. Individual wagering transactions are made at the point of                successfully merge the bets placed in another state into
           sale in the state where placed. Pari-mutuel pools are com-             the interstate common pool formed by the racetrack per-
           bined solely for computing odds and calculating payoffs                mittee, or if, for any reason, the Department’s or the race-
           but will be held separate for auditing and all other pur-              track permittee’s representative determines that
           poses.                                                                 attempting to effect transfer of pool data from the receiv-
      3. Any surcharges or withholdings in addition to the takeout                ing facility may endanger the racetrack permittee’s
           shall only be applied in the jurisdiction otherwise impos-             wagering pool, the racetrack permittee shall have no lia-
           ing such surcharges or withholdings.                                   bility for any measures taken which may result in the
      4. The content and format of the visual display of racing and               receiving facility’s wagers not being accepted into the
           wagering information at facilities in other jurisdictions              pool.
           where wagering is permitted in the interstate common              5. Amounts wagered in an interstate common pool other
           pool need not be identical to the similar information per-             than amounts wagered within this state shall not be con-
           mitted or required to be displayed under these rules.                  sidered part of the racetrack permittee’s pari-mutuel
      5. A racetrack permittee may only participate in common                     wagering pool for purposes of A.R.S. § 5-111. A race-
           pool wagering on the same type of racing as authorized                 track permittee may charge a fee to a receiving facility or
           by the permit for live racing conducted by the racetrack               location outside this state for the privilege of conducting
           permittee.                                                             pari-mutuel wagering on the race and participating in the
B. Participation in Interstate Common Pools by Receiving Race-                    interstate common pool and for payment of costs incurred
      track Permittee                                                             to transmit the broadcast of the race.
      1. With the prior approval of the Department, pari-mutuel              6. Should a racetrack permittee experience a breakdown in
           wagering pools may be combined with corresponding                      the sending of the video signal while conducting inter-
           wagering pools at the sending facility outside of this                 state common pool wagering, the racetrack permittee:
           state.                                                                 a. Shall notify all receiving locations of the technical
      2. The Department may permit adjustment of the takeout                            difficulties being experienced;
           from the pari-mutuel pool so that the takeout rate in this


June 30, 2006                                                      Page 63                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          b.    May continue to accept wagers from the receiving                               total payout    =     $1 broken price x gross
                out-of-state locations provided there is compliance                                                  amount bet on winner
                with the guest site’s governing agency.                                        total breakage = net pool - total payout
D.   Takeout Rates in Interstate Common Pools. With prior                                PROFIT SPLIT (PLACE POOL)
     approval of the Department, a racetrack permittee wishing to                              Profit is net pool less gross amount bet on all
     participate in an interstate common pool may change its take-                             place finishers. Finishers split profit 1/2 and 1/2
     out rate (within the limits permitted by state law) so as to                              (place profit), then divide by gross amount bet
     achieve a common pool takeout rate with all other participants                            on each place finisher for two unique prices.
     in the interstate common pool.                                                      PROFIT SPLIT (SHOW POOL)
                                                                                               Profit is net pool less gross amount bet on all
                           Historical Note
                                                                                               show finishers. Finishers split profit 1/3 and 1/3
     Adopted effective October 21, 1993, under an exemption
                                                                                               and 1/3 (show profit), then divide by gross
         from the Administrative Procedure Act pursuant to
                                                                                               amount bet on each show finisher for three
     A.R.S. § 41-1005(A)(18) (Supp. 93-4). R19-2-522 recod-
                                                                                               unique prices.
      ified from R4-27-522 (Supp. 95-1). Amended effective
                                                                                     b. Net Price Calculation Procedure
     February 17, 1998, under an exemption from the Admin-
                                                                                               SINGLE PRICE POOL (WIN POOL)
           istrative Procedure Act pursuant to A.R.S. § 41-
                                                                                               gross pool            = sum of wagers on all
           1005(A)(18) (Supp. 98-1). Amended by exempt
                                                                                                                           betting interests -
      rulemaking at 5 A.A.R. 532, effective January 29, 1999
                                                                                                                           refunds
                             (Supp. 99-1).
                                                                                               takeout               = gross pool x percent
     The following Section was adopted under an exemption from                                                             takeout
the provisions of the Administrative Procedure Act (A.R.S. Title                               * for each source:
41, Chapter 6) pursuant to A.R.S. § 41-1005(A)(18). Exemption                                  net pool              = gross pool - takeout
from A.R.S. Title 41, Chapter 6 means that the Arizona Racing                                  net bet on winner = gross amount bet on
Commission did not submit these rules to the Governor’s Regula-                                                            winner x (1 - percent
tory Review Council for Review; the Commission did not submit                                                              takeout)
notice of proposed rulemaking to the Secretary of State for publi-                             total net pool        = sum of all sources net
cation in the Arizona Administrative Register; the Commission                                                              pools
was not required to hold public hearings on these rules; and the                               total net bet on
Attorney General did not certify these rules.                                                  winner                = sum of all sources net
R19-2-523.        Calculation of Payoffs and Distribution of                                                               bet on winner
Pools                                                                                          total profit          = total net pool - total
                                                                                                                           net bet on winner
A. General
                                                                                               profit per dollar     = total profit / total net
     1. All permitted pari-mutuel wagering pools shall be sepa-
                                                                                                                           bet on winner
          rately and independently calculated and distributed. Take-
                                                                                               $1 unbroken base
          out shall be deducted from each gross pool as stipulated
                                                                                               price                 = profit per dollar + $1
          by law. The remainder of the monies in the pool shall
                                                                                               * for each source:
          constitute the net pool for distribution as payoff on win-
                                                                                               $1 unbroken price = $1 unbroken base
          ning wagers.
                                                                                                                           price x (1 - percent
     2. For each wagering pool, the amount wagered on the win-
                                                                                                                           takeout)
          ning betting interest or betting combinations is deducted
                                                                                               $1 broken price       = $1 unbroken price
          from the net pool to determine the profit; the profit is then
                                                                                                                           rounded down to the
          divided by the amount wagered on the winning betting
                                                                                                                           break point
          interest or combinations, such quotient being the profit
                                                                                               total payout          = $1 broken price x
          per dollar.
                                                                                                                           gross amount bet on
     3. Either the standard or net price calculation procedure may
                                                                                                                           winner
          be used to calculate single commission pools, while the
                                                                                               total breakage        = net pool - total payout
          net price calculation procedure must be used to calculate
                                                                                          PROFIT SPLIT (PLACE POOL)
          multi-commission pools.
                                                                                               Total profit is the total net pool less the total net
          a. Standard Price Calculation Procedure
                                                                                               amount bet on all place finishers. Finishers split
                SINGLE PRICE POOL (WIN POOL)
                                                                                               total profit 1/2 and 1/2 (place profit), then
                     gross pool     = sum of wagers on all
                                                                                               divide by total net amount bet on each place
                                         betting interests - refunds
                                                                                               finisher for two unique unbroken base prices.
                     takeout        = gross pool x percent
                                                                                          PROFIT SPLIT (SHOW POOL)
                                         takeout
                                                                                               Total profit is the total net pool less the total net
                     net pool       = gross pool - takeout
                                                                                               amount bet on all show finishers. Finishers split
                     profit         = net pool - gross amount bet
                                                                                               total profit 1/3 and 1/3 and 1/3 (show profit),
                                         on winner
                                                                                               then divide by total net amount bet on each
                     profit per
                                                                                               show finisher for three unique unbroken base
                          dollar    = profit / gross amount bet on
                                                                                               prices.
                                         winner
                                                                               4.   If a profit split results in only one covered winning bet-
                     $1 unbroken
                                                                                    ting interest or combinations, it shall be calculated the
                          price     = profit per dollar + $1
                                                                                    same as a single price pool.
                     $1 broken
                                                                               5.   Minimum payoffs and the method used for calculating
                          price     = $1 unbroken price rounded
                                                                                    breakage shall be established by the Department.
                                         down to the break point


Supp. 06-2                                                           Page 64                                                        June 30, 2006
                                                          Arizona Administrative Code                                             Title 19, Ch. 2
                                                          Arizona Racing Commission

     6.  The individual pools outlined in these rules may be given                   b.    To those whose selection finished second; but if
         alternative names by each permittee, provided prior                               there are no such wagers, then
         approval is obtained from the Department.                                   c. To those whose selection finished third; but if there
B.   Win Pools                                                                             are no such wagers, then
     1. The amount wagered on the betting interest which fin-                        d. The entire pool shall be refunded on Win wagers for
         ishes first is deducted from the net pool, the balance                            that contest.
         remaining being the profit; the profit is divided by the               3.   If there is a dead heat for first involving:
         amount wagered on the betting interest finishing first,                     a. Contestants representing the same betting interest,
         such quotient being the profit per dollar wagered to Win                          the Win pool shall be distributed as if no dead heat
         on that betting interest.                                                         occurred.
     2. The net Win pool shall be distributed as a single price                      b. Contestants representing two or more betting inter-
         pool to winning wagers in the following precedence,                               ests, the Win pool shall be distributed as a profit
         based upon the official order of finish:                                          split.
         a. To those whose selection finished first; but if there
              are no such wagers, then


                                                               Table 1: WIN POOL
                                                           (Standard Price Calculation)
          Sum of Wagers on All Betting Interests                                          =                            $194,230.00
          Refunds                                                                         =                            $1,317.00
          Gross Pool:
               Sum of Wagers on All Betting Interests - Refunds                           =                            $192,913.00
          Percent Takeout                                                                 =                            18%
          Takeout:
               Gross Pool x Percent Takeout                                               =                            $34,724.34
          Net Pool:
               Gross Pool - Takeout                                                       =                            $158,188.66
          Gross Amount Bet on Winner                                                      =                            $23,872.00
          Profit:
               Net Pool - Gross Amount Bet on Winner                                      =                            $134,316.66
          Profit Per Dollar:
               Profit / Gross Amount Bet on Winner                                        =                            $5.6265357
          $1 Unbroken Price:
               Profit Per Dollar + $1                                                     =                            $6.6265357

C.   Place Pools                                                                     d.    As a single price pool to those who selected the
     1. The amounts wagered to Place on the first two betting                              third-place finisher, but if there are no such wagers,
          interests to finish are deducted from the net pool, the bal-                     then
          ance remaining being the profit; the profit is divided into                e. The entire pool shall be refunded on Place wagers
          two equal portions, one being assigned to each winning                           for that contest.
          betting interest and divided by the amount wagered to                 3.   If there is a dead heat for first involving:
          Place on that betting interest, the resulting quotient is the              a. Contestants representing the same betting interest,
          profit per dollar wagered to Place on that betting interest.                     the Place pool shall be distributed as a single price
     2. The net Place pool shall be distributed to winning wagers                          pool.
          in the following precedence, based upon the official order                 b. Contestants representing two or more betting inter-
          of finish:                                                                       ests, the Place pool shall be distributed as a profit
          a. If contestants of a coupled entry or mutuel field fin-                        split.
                ished in the first two places, as a single price pool to        4.   If there is a dead heat for second involving:
                those who selected the coupled entry or mutuel field;                a. Contestants representing the same betting interest,
                otherwise                                                                  the Place pool shall be distributed as if no dead heat
          b. As a profit split to those whose selection is included                        occurred.
                within the first two finishers; but if there are no such             b. Contestants representing two or more betting inter-
                wagers on one of those two finishers, then                                 ests, the Place pool is divided with half of the profit
          c. As a single price pool to those who selected the one                          distributed to Place wagers on the betting interest
                covered betting interest included within the first two                     finishing first and the remainder is distributed
                finishers; but if there are no such wagers, then                           equally amongst Place wagers on those betting inter-
                                                                                           ests involved in the dead heat for second.




June 30, 2006                                                         Page 65                                                         Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission



                                                             Table 2: PLACE POOL
                                                          (Standard Price Calculation)
           Sum of Wagers on All Betting Interests                                        =                             $194,230.00
           Refunds                                                                       =                             $1,317.00
           Gross Pool:
                Sum of Wagers on All Betting Interests - Refunds                         =                             $192,913.00
           Percent Takeout                                                               =                             18%
           Takeout
                Gross Pool x Percent Takeout                                             =                             $34,724.34
           Net Pool:
                Gross Pool - Takeout                                                     =                             $158,188.66
           Gross Amount Bet on first place finisher                                      =                             $23,872.00
           Gross amount Bet on second place finisher                                     =                             $12,500.00
           Profit:
                Net Pool - Gross Amount Bet on first place finisher
                           - Gross Amount Bet on second place finisher                   =                             $121,816.66
           Place Profit:
                Profit / 2                                                               =                             $60,908.33
           Profit Per Dollar for first place:
                Place Profit / Gross Amount Bet on first place finisher                  =                             $2.5514548
           $1 Unbroken Price for first place:
                Profit Per Dollar for first place + $1                                   =                             $3.5514548
           Profit Per Dollar for second place:
                Place Profit / Gross Amount Bet on second place finisher                 =                             $4.8726664
           $1 Unbroken Price for second place:
                Profit Per Dollar for second place + $1                                  =                             $5.8726664


D.   Show Pools                                                                     f.    As a single price pool to those who selected the
     1. The amounts wagered to Show on the first three betting                            fourth-place finisher; but if there are no such
         interests to finish are deducted from the net pool, the bal-                     wagers, then
         ance remaining being the profit; the profit is divided into                g. The entire pool shall be refunded on Show wagers
         three equal portions, one being assigned to each winning                         for that contest.
         betting interest and divided by the amount wagered to                 3.   If there is a dead heat for first involving:
         Show on that betting interest, the resulting quotient being                a. Two contestants representing the same betting inter-
         the profit per dollar wagered to Show on that betting                            est, the profit is divided with 2/3rds distributed to
         interest.                                                                        those who selected the first-place finishers and one-
     2. The net Show pool shall be distributed to winning wagers                          third distributed to those who selected the betting
         in the following precedence, based upon the official order                       interest finishing third.
         of finish:                                                                 b. Three contestants representing a single betting inter-
         a. If contestants of a coupled entry or mutuel field fin-                        est, the Show pool shall be distributed as a single
               ished in the first three places, as a single price pool                    price pool.
               to those who selected the coupled entry or mutuel                    c. Contestants representing two or more betting inter-
               field; otherwise                                                           ests, the Show pool shall be distributed as a profit
         b. If contestants of a coupled entry or mutuel field fin-                        split.
               ished as two of the first three finishers, the profit is        4.   If there is a dead heat for second involving:
               divided with two-thirds distributed to those who                     a. Contestants representing the same betting interest,
               selected the coupled entry or mutuel field and one-                        the profit is divided with one-third distributed to
               third distributed to those who selected the other bet-                     those who selected the betting interest finishing first
               ting interest included within the first three finishers;                   and two-thirds distributed to those who selected the
               otherwise                                                                  second-place finishers.
         c. As a profit split to those whose selection is included                  b. Contestants representing two betting interests, the
               within the first three finishers; but if there are no                      Show pool shall be distributed as a profit split.
               such wagers on one of those three finishers, then                    c. Contestants representing three betting interests, the
         d. As a profit split to those who selected one of the two                        Show pool is divided with one-third of the profit dis-
               covered betting interests included within the first                        tributed to Show wagers on the betting interest fin-
               three finishers; but if there are no such wagers on                        ishing first and the remainder is distributed equally
               two of those three finishers, then                                         among Show wagers on those betting interests
         e. As a single price pool to those who selected the one                          involved in the dead heat for second.
               covered betting interest included within the first              5.   If there is a dead heat for third involving:
               three finishers; but if there are no such wagers, then



Supp. 06-2                                                           Page 66                                                      June 30, 2006
                                                        Arizona Administrative Code                                             Title 19, Ch. 2
                                                        Arizona Racing Commission

         a.     Contestants representing the same betting interest,                       profit distributed to Show wagers on the betting
                the Show pool shall be distributed as if no dead heat                     interests finishing first and second and the remainder
                occurred.                                                                 is distributed equally among Show wagers on those
         b.     Contestants representing two or more betting inter-                       betting interests involved in the dead heat for third.
                ests, the Show pool is divided with 2/3rds of the



                                                            Table 3: SHOW POOL
                                                       (Standard Price Calculation)
          Sum of Wagers on All Betting Interests                                      =                                $194,230.00
          Refunds                                                                     =                                $1,317.00
          Gross Pool:
               Sum of Wagers on All Betting Interests - Refunds                       =                                $192,913.00
          Percent Takeout                                                             =                                18%
          Takeout
               Gross Pool x Percent Takeout                                           =                                $34,724.34
          Net Pool:
               Gross Pool - Takeout                                                   =                                $158,188.66
          Gross Amount Bet on first place finisher                                    =                                $23,872.00
          Gross Amount Bet on second place finisher                                   =                                $12,500.00
          Gross Amount Bet on third place finisher                                    =                                $4,408.00
          Profit: Net Pool
                          - Gross Amount Bet on first place finisher
                          - Gross Amount Bet on second place finisher
                          - Gross Amount Bet on third place finisher                  =                                $117,408.66
          Show Profit:
               Profit / 3                                                             =                                $39,136.22
          Profit Per Dollar for first place:
               Show Profit / Gross Amount Bet on first
               place finisher                                                         =                                $1.6394194
          $1 Unbroken Price for first place:
               Profit Per Dollar for first place + $1                                 =                                $2.6394194
          Profit Per Dollar for second place:
               Show Profit / Gross Amount Bet on second
               place finisher                                                         =                                $3.1308976
          $1 Unbroken Price for second place
               Profit Per Dollar for second place + $1                                =                                $4.1308976
          Profit Per Dollar for third place:
               Show Profit / Gross Amount Bet on third
               place finisher                                                         =                                $8.8784528
          $1 Unbroken Price for third place
               Profit Per Dollar for third place + $1                                 =                                $9.8784528




June 30, 2006                                                      Page 67                                                           Supp. 06-2
Title 19, Ch. 2                                           Arizona Administrative Code
                                                          Arizona Racing Commission




                                                              Table 4: SHOW POOL
                                                  Single Takeout Rate & Single Betting Source
                                                           (Net Price Calculation)
           Sum of Wagers on All Betting Interests                                         =                                 $194,230.00
           Refunds                                                                        =                                 $1,317.00
           Gross Pool:
                Sum of Wagers on All Betting Interests - Refunds                          =                                 $192,913.00
           Percent Takeout                                                                =                                 18%
           Takeout:
                Gross Pool x Percent Takeout                                              =                                 $34,724.34
           Total Net Pool:
                Gross Pool - Takeout                                                      =                                 $158,188.66
           Gross Amount Bet on first place finisher                                       =                                 $23,872.00
           Net Amount Bet on first place finisher                                         =                                 $19,575.04
           Gross Amount Bet on second place finisher                                      =                                 $12,500.00
           Net Amount bet on second place finisher                                        =                                 $10,250.00
           Gross Amount Bet on third place finisher                                       =                                 $4,408.00
           Net Amount Bet on third place finisher                                         =                                 $3,614.56
           Total Net Bet on Winners:
                Net Amount Bet on first place finisher +
                Net Amount Bet on second place finisher +
                Net Amount Bet on third place finisher                                    =                                 $33,439.60
           Total Profit:
                Total Net Pool - Total Net Bet on Winners                                 =                                 $124,749.06
           Show Profit:
                Total Profit / 3                                                          =                                 $41,583.02
           Profit Per Dollar for first place:
                Show Profit / Net Amount Bet on first place finisher                      =                                 $2.1242879
           $1 Unbroken Base Price for first place:
                Profit Per Dollar for first place + $1                                    =                                 $3.1242879
           $1 Unbroken Price for first place:
                $1 Unbroken Base Price for first place x (1 -
                percent takeout)                                                          =                                 $2.5619161
           Profit Per Dollar for second place:
                Show Profit / Net Amount Bet on second place finisher                     =                                 $4.0568800
           $1 Unbroken Base Price for second place:
                Profit Per Dollar for second place + $1                                   =                                 $5.0568800
           $1 Unbroken Price for second place:
                $1 Unbroken Base Price for second place x (1 -
                percent takeout)                                                          =                                 $4.1466416
           Profit Per Dollar for third place:
                Show Profit / Net Amount Bet on third place finisher                      =                                 $11.504310
           $1 Unbroken Base Price for third place:
                Profit Per Dollar for third place + $1                                    =                                 $12.504310
           Unbroken Price for third place:
                $1 Unbroken Base Price for third place x (1 -
                percent takeout)                                                          =                                 $10.253534

E.   Double Pools                                                                    b.       As a profit split to those who selected the first-place
     1. The Double requires selection of the first-place finisher in                          finisher in either of the two contests; but if there are
         each of two specified contests.                                                      no such wagers, then
     2. The net Double pool shall be distributed to winning                          c.       As a single price pool to those who selected the one
         wagers in the following precedence, based upon the offi-                             covered first-place finisher in either contest; but if
         cial order of finish:                                                                there are no such wagers, then
         a. As a single price pool to those whose selection fin-                     d.       As a single price pool to those whose selection fin-
               ished first in each of the two contests; but if there are                      ished second in each of the two contests; but if there
               no such wagers, then                                                           are no such wagers, then
         e. The entire pool shall be refunded on Double wagers                                for those contests.


Supp. 06-2                                                            Page 68                                                          June 30, 2006
                                                          Arizona Administrative Code                                              Title 19, Ch. 2
                                                          Arizona Racing Commission

    3.   If there is a dead heat for first in either of the two contests             lating the consolation payoff the net Double pool shall be
         involving:                                                                  divided by the total amount wagered on the winner of the
         a. Contestants representing the same betting interest,                      first contest and an unbroken consolation price obtained.
               the Double pool shall be distributed as if no dead                    The broken consolation price is multiplied by the dollar
               heat occurred.                                                        value of wagers on the winner of the first contest com-
         b. Contestants representing two or more betting inter-                      bined with the scratched betting interest to obtain the con-
               ests, the Double pool shall be distributed as a profit                solation payoff. Breakage is not declared in this
               split if there is more than one covered winning com-                  calculation. The consolation payoff is deducted from the
               bination.                                                             net Double pool before calculation and distribution of the
    4.   Should a betting interest in the first-half of the Double be                winning Double payoff. Dead heats including separate
         scratched prior to the first Double contest being declared                  betting interests in the first contest shall result in a conso-
         official, all money wagered on combinations including                       lation payoff calculated as a profit split.
         the scratched betting interest shall be deducted from the              7.   If either of the Double contests are cancelled prior to the
         Double pool and refunded.                                                   first Double contest, or the first Double contest is
    5.   Should a betting interest in the second-half of the Double                  declared “no contest,” the entire Double pool shall be
         be scratched prior to the close of wagering on the first                    refunded on Double wagers for those contests.
         Double contest, all money wagered on combinations                      8.   If the second Double contest is cancelled or declared “no
         including the scratched betting interest shall be deducted                  contest” after the conclusion of the first Double contest,
         from the Double pool and refunded.                                          the net Double pool shall be distributed as a single price
    6.   Should a betting interest in the second-half of the Double                  pool to wagers selecting the winner of the first Double
         be scratched after the close of wagering on the first Dou-                  contest. In the event of a dead heat involving separate
         ble contest, all wagers combining the winner of the first                   betting interests, the net Double pool shall be distributed
         contest with the scratched betting interest in the second                   as a profit split.
         contest shall be allocated a consolation payoff. In calcu-

                                                            Table 5: DOUBLE POOL
                                                     (Standard Price Calculation)
         Sum of Wagers on All Betting Interests                                         =                                $194,230.00
         Refunds                                                                        =                                $1,317.00
         Gross Pool:
              Sum of Wagers on All Betting Interests - Refunds                          =                                $192,913.00
         Percent Takeout                                                                =                                18%
         Takeout:
              Gross Pool x Percent Takeout                                              =                                $34,724.34
         Net Pool:
              Gross Pool -Takeout                                                       =                                $158,188.66
         Gross Amount Bet on Winning Combination                                        =                                $23,872.00
         Profit:
              Net Pool - Gross Amount Bet on Winning
              Combination                                                               =                                $134,316.66
         Profit Per Dollar:
              Profit / Gross Amount Bet on Winning Combination                          =                                $5.6265357
         $1 Unbroken Price:
              Profit Per Dollar + $1                                                    =                                $6.6265357




June 30, 2006                                                         Page 69                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission




                                                           Table 6: DOUBLE POOL
                                                           CONSOLATION PRICING
             Sum of Wagers on All Betting Interests                                    =                              $194,230.00
             Refunds                                                                   =                              $1,317.00
             Gross Pool:
                  Sum of Wagers on All Betting Interests - Refunds                     =                              $192,913.00
             Percent Takeout                                                           =                              18%
             Takeout:
                  Gross Pool x Percent Takeout                                         =                              $34,724.34
             Net Pool:
                  Gross Pool -Takeout                                                  =                              $158,188.66
             Consolation Pool:
                  Sum Total Amount Bet on winner of the first
                  contest with all second contest betting interests                    =                              $43,321.00
             $1 Consolation Unbroken Consolation Price:
                  Net Pool / Consolation Pool                                          =                              $3.6515468
             $1 Consolation Broken Price                                               =                              $3.65
             Amount Bet on winner of the first contest with
                  scratched betting interests:                                         =                              $1,234.00
             Consolation Liability:
                  $1 Consolation Broken Price x (Amount Bet on the
                  winner of the first contest with scratched
                  betting interests)                                                   =                              $4,504.10
             Adjusted Net Pool:
                  Net Pool - Consolation Liability                                     =                              $153,684.56
             Gross Amount Bet on the Winning Combination                               =                              $23,872.00
             Profit:
                  Adjusted Net Pool - Gross Amount Bet on the
                  Winning Combination                                                  =                              $129,812.56
             Profit Per Dollar:
                  Profit / Gross Amount Bet on the Winning
                  Combination                                                          =                              $5.4378586
             $1 Unbroken Price:
                  Profit Per Dollar + $1                                               =                              $6.4378586


F.   Pick 3 Pools                                                                         price pool with each winning wager receiving an
     1. The Pick 3 requires selection of the first-place finisher in                      equal share of the profit.
          each of three specified contests.                                    4. Should a betting interest in any of the three Pick 3 con-
     2. The net Pick 3 pool shall be distributed to winning                         tests be scratched, the actual favorite, as evidenced by
          wagers in the following precedence, based upon the offi-                  total amounts wagered in the Win pool at the close of
          cial order of finish:                                                     wagering on that contest, shall be substituted for the
          a. As a single price pool to those whose selection fin-                   scratched betting interest for all purposes, including pool
                ished first in each of the three contests; but if there             calculations. In the event that the Win pool total for two
                are no such wagers, then                                            or more favorites is identical, the substitute selection
          b. As a single price pool to those who selected the first-                shall be the betting interest with the lowest program num-
                place finisher in any two of the three contests; but if             ber. The totalisator shall produce reports showing each of
                there are no such wagers, then                                      the wagering combinations with substituted betting inter-
          c. As a single price pool to those who selected the first-                ests which became winners as a result of the substitution,
                place finisher in any one of the three contests; but if             in addition to the normal winning combination.
                there are no such wagers, then                                 5. If all three Pick 3 contests are cancelled or declared “no
          d. The entire pool shall be refunded on Pick 3 wagers                     contest,” the entire pool shall be refunded on Pick 3
                for those contests.                                                 wagers for those contests.
     3. If there is a dead heat for first in any of the three contests         6. If one or two of the Pick 3 contests are cancelled or
          involving:                                                                declared “no contest,” the Pick 3 pool shall remain valid
          a. Contestants representing the same betting interest,                    and shall be distributed in accordance with subsection
                the Pick 3 pool shall be distributed as if no dead heat             (F)(2) of this rule.
                occurred.                                                 G.   Pick (n) Pools
          b. Contestants representing two or more betting inter-               1. The Pick (n) requires selection of the first-place finisher
                ests, the Pick 3 pool shall be distributed as a single              in each of a designated number of contests. The permittee


Supp. 06-2                                                           Page 70                                                    June 30, 2006
                                                        Arizona Administrative Code                                               Title 19, Ch. 2
                                                        Arizona Racing Commission

         must obtain written approval from the Department con-                            order of finish. If there are no wagers selecting the
         cerning the scheduling of Pick (n) contests, the designa-                        first-place finisher in all Pick (n) contests, the entire
         tion of one of the methods prescribed in subsection                              net Pick (n) pool shall be distributed as a single pool
         (G)(2), and the amount of any cap to be set on the carry-                        to those who selected the first-place finisher in the
         over. Any changes to the approved Pick (n) format                                greatest number of Pick (n) contests. If there are no
         require prior approval from the Department.                                      wagers selecting the first-place finisher in a second
    2.   The Pick (n) pool shall be apportioned under one of the                          greatest number of Pick (n) contests, the minor share
         following methods:                                                               of the net Pick (n) pool shall be combined with the
         a. Method 1, Pick (n) with Carryover: The net Pick (n)                           major share for distribution as a single price pool to
              pool and carryover, if any, shall be distributed as a                       those who selected the first-place finisher in each of
              single price pool to those who selected the first-                          the Pick (n) contests. If there are no winning wagers,
              place finisher in each of the Pick (n) contests, based                      the pool is refunded.
              upon the official order of finish. If there are no such         3.   If there is a dead heat for first in any of the Pick (n) con-
              wagers, then a designated percentage of the net pool                 tests involving:
              shall be distributed as a single price pool to those                 a. Contestants representing the same betting interest,
              who selected the first-place finisher in the greatest                       the Pick (n) pool shall be distributed as if no dead
              number of Pick (n) contests; and the remainder shall                        heat occurred.
              be added to the carryover.                                           b. Contestants representing two or more betting inter-
         b. Method 2, Pick (n) with Minor Pool and Carryover:                             ests, the Pick (n) pool shall be distributed as a single
              The major share of the net Pick (n) pool and the car-                       price pool with each winning wager receiving an
              ryover, if any, shall be distributed to those who                           equal share of the profit.
              selected the first-place finisher in each of the Pick           4.   Should a betting interest in any of the Pick (n) contests be
              (n) contests, based upon the official order of finish.               scratched, the actual favorite, as evidenced by total
              The minor share of the net Pick (n) pool shall be dis-               amounts wagered in the Win pool at the host association
              tributed to those who selected the first-place finisher              for the contest at the close of wagering on that contest,
              in the second greatest number of Pick (n) contests,                  shall be substituted for the scratched betting interest for
              based upon the official order of finish. If there are no             all purposes, including pool calculations. In the event that
              wagers selecting the first-place finisher of all Pick                the Win pool total for two or more favorites is identical,
              (n) contests, the minor share of the net Pick (n) pool               the substitute selection shall be the betting interest with
              shall be distributed as a single price pool to those                 the lowest program number. The totalisator shall produce
              who selected the first-place finisher in the greatest                reports showing each of the wagering combinations with
              number of Pick (n) contests; and the major share                     substituted betting interests which became winners as a
              shall be added to the carryover.                                     result of the substitution, in addition to the normal win-
         c. Method 3, Pick (n) with No Minor Pool and No Car-                      ning combination.
              ryover: The net Pick (n) pool shall be distributed as           5.   The Pick (n) pool shall be cancelled and all Pick (n)
              the single price pool to those who selected the first-               wagers for the individual performance shall be refunded
              place finisher in the greatest number of Pick (n) con-               if:
              tests, based upon the official order of finish. If there             a. At least two contests included as part of a Pick 3 are
              are no winning wagers, the pool is refunded.                                cancelled or declared “no contest.”
         d. Method 4, Pick (n) with Minor Pool and No Carry-                       b. At least three contests included as part of a Pick 4,
              over: The major share of the net Pick (n) pool shall                        Pick 5, or Pick 6 are cancelled or declared “no con-
              be distributed to those who selected the first-place                        test.”
              finisher in the greatest number of Pick (n) contests,                c. At least four contests included as part of a Pick 7,
              based upon the official order of finish. The minor                          Pick 8, or Pick 9 are cancelled or declared “no con-
              share of the net Pick (n) pool shall be distributed to                      test.”
              those who selected the first-place finisher in the sec-              d. At least five contests included as part of a Pick 10
              ond greatest number of Pick (n) contests, based upon                        are cancelled or declared “no contest.”
              the official order of finish. If there are no wagers            6.   If at least one contest included as part of a Pick (n) is can-
              selecting the first-place finisher in a second greatest              celled or declared “no contest,” but not more than the
              number of Pick (n) contests, the minor share of the                  number specified in subsection (G)(5) of this rule, the net
              net Pick (n) pool shall be combined with the major                   pool shall be distributed as a single price pool to those
              share for distribution as a single price pool to those               whose selection finished first in the greatest number of
              who selected the first-place finisher in the greatest                Pick (n) contests for that performance. Such distribution
              number of Pick (n) contests. If the greatest number                  shall include the portion ordinarily retained for the Pick
              of first-place finishers selected is 1, the major and                (n) carryover but not the carryover from previous perfor-
              minor shares are combined for distribution as a sin-                 mances.
              gle price pool. If there are no winning wagers, the             7.   The Pick (n) carryover may be capped at a designated
              pool is refunded.                                                    level approved by the Department so that if, at the close
         e. Method 5, Pick (n) with Minor Pool and No Carry-                       of any performance, the amount in the Pick (n) carryover
              over: The major share of net Pick (n) pool shall be                  equals or exceeds the designated cap, the Pick (n) carry-
              distributed to those who selected the first-place fin-               over will be frozen until it is won or distributed under
              isher in each of the Pick (n) contests, based upon the               other provisions of this rule. After the Pick (n) carryover
              official order of finish. The minor share of the net                 is frozen, 100% of the net pool, part of which ordinarily
              Pick (n) pool shall be distributed to those who                      would be added to the Pick (n) carryover, shall be distrib-
              selected the first-place finisher in the second greatest             uted to those whose selection finished first in the greatest
              number of Pick (n) contests, based upon the official                 number of Pick (n) contests for that performance.


June 30, 2006                                                       Page 71                                                           Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

    8.   A written request for permission to distribute the Pick (n)        10. If, for any reason, the Pick (n) carryover must be held
         carryover on a specific performance may be submitted to                over to the corresponding Pick (n) pool of a subsequent
         the Department. The request shall contain justification for            meet, the carryover shall be deposited in an interest-bear-
         the distribution, an explanation of the benefit to be                  ing account approved by the Department. The Pick (n)
         derived, and the intended date and performance for the                 carryover plus accrued interest shall then be added to the
         distribution.                                                          net Pick (n) pool of the following meet on a date and per-
    9.   Should the Pick (n) carryover be designated for distribu-              formance so designated by the Department.
         tion on the final day of the meeting or on another speci-          11. With the written approval of the Department, the permit-
         fied date on which there are no wagers selecting the first-            tee may contribute to the Pick (n) carryover a sum of
         place finisher in each of the Pick (n) contests, the entire            money up to the amount of any designated cap.
         pool shall be distributed as a single price pool to those          12. Providing information to any person regarding covered
         whose selection finished first in the greatest number of               combinations, amounts wagered on specific combina-
         Pick (n) contests. The Pick (n) carryover shall be desig-              tions, number of tickets sold, or number of live tickets
         nated for distribution on a specified date and performance             remaining is strictly prohibited. This shall not prohibit
         only under the following circumstances:                                necessary communication between totalisator and pari-
         a. Upon written approval from the Department as pro-                   mutuel department employees for processing of pool
               vided in subsection (G)(8) of this rule.                         data.
         b. Upon written approval from the Department when                  13. The permittee may suspend previously approved Pick (n)
               there is a change in the carryover cap, a change from            wagering with the prior approval of the Department. Any
               one type of Pick (n) wagering to another, or when                carryover shall be held until the suspended Pick (n)
               the Pick (n) is discontinued.                                    wagering is reinstated. A permittee may request approval
         c. On the closing performance of the meet or split                     of a Pick (n) wager or separate wagering pool for specific
               meet.                                                            performances.


                                                          Table 7: PICK 7 POOL
                                            Multiple Takeout Rates & Multiple Betting Sources
                                                          (Net Price Calculation)
                                  Percent              Gross              Gross Amt.             Net                   Net Amt.
                                  Takeout              Pool               Bet on Win             Pool                  Bet on Win
          Source 1:               16%                  $190,000.00        $44.00                 $159,600.00           $36.96
          Source 2:               18.5%                $10,000.00         $18.00                 $8,150.00             $14.67
          Source 3:               21%                  $525,730.00        $124.00                $415,326.70           $97.96
          TOTALS:                                      $725,730.00        $186.00                $583,076.70           $149.59
          Total Profit:
               Total Net Pool - Total Net Bet on the Winning
               Combination                                                            =                                $582,927.11
          Profit Per Dollar:
               Total Profit / Total Net Bet on the Winning
               Combination                                                            =                                $3,896.8321
          $1 Unbroken Base Price:
               Profit Per Dollar + $1                                                 =                                $3,897.8321
          $1 Unbroken Price for Source 1:
               $1 Unbroken Base Price x (1 - Percent Takeout)                         =                                $3,274.1789
          $1 Unbroken Price for Source 2:
               $1 Unbroken Base Price x (1 - Percent Takeout)                         =                                $3,176.7331
          $1 Unbroken Price for Source 3:
               $1 Unbroken Base Price x (1 - Percent Takeout)                         =                                $3,079.2873


H. Place Pick (n) Pools                                                          a.       Method 1, Place Pick (n) with Carryover: The net
   1. The Place Pick (n) requires selection of the first- or sec-                         Place Pick (n) pool and carryover, if any, shall be
        ond-place finisher in each of a designated number of con-                         distributed as a single price pool to those who
        tests. The permittee must obtain written approval from                            selected the first- or second-place finisher in each of
        the Department concerning the scheduling of Place Pick                            the Place Pick (n) contests, based upon the official
        (n) contests, the designation of one of the methods pre-                          order of finish. If there are no such wagers, then a
        scribed in subsection (H)(2), the distinctive name identi-                        designated percentage of the net pool shall be dis-
        fying the pool and the amount of any cap to be set on the                         tributed as a single price pool to those who selected
        carryover. Any changes to the approved Place Pick (n)                             the first- or second-place finisher in the greatest
        format require prior approval from the Department.                                number of Place Pick (n) contests; and the remainder
   2. The Place Pick (n) pool shall be apportioned under one of                           shall be added to the carryover.
        the following methods:                                                   b.       Method 2, Place Pick (n) with Minor Pool and Car-
                                                                                          ryover: The major share of the net Place Pick (n)



Supp. 06-2                                                        Page 72                                                         June 30, 2006
                                                          Arizona Administrative Code                                             Title 19, Ch. 2
                                                          Arizona Racing Commission

                pool and the carryover, if any, shall be distributed to         3.   If there is a dead heat for first in any of the Place Pick (n)
                those who selected the first- or second-place finisher               contests involving:
                in each of the Place Pick (n) contests, based upon the               a. Contestants representing the same betting interest,
                official order of finish. The minor share of the net                       the Place Pick (n) pool shall be distributed as if no
                Place Pick (n) pool shall be distributed to those who                      dead heat occurred.
                selected the first- or second-place finisher in the sec-             b. Contestants representing two or more betting inter-
                ond greatest number of Place Pick (n) contests,                            ests, the Place Pick (n) pool shall be distributed as a
                based upon the official order of finish. If there are no                   single price pool with a winning wager including
                wagers selecting the first- or second-place finisher                       each betting interest participating in the dead heat.
                of all Place Pick (n) contests, the minor share of the          4.   If there is a dead heat for second in any of the Place Pick
                net Place Pick (n) pool shall be distributed as a sin-               (n) contests involving:
                gle price pool to those who selected the first- or sec-              a. Contestants representing the same betting interest,
                ond-place finisher in the greatest number of Place                         the Place Pick (n) pool shall be distributed as if no
                Pick (n) contests; and the major share shall be added                      dead heat occurred.
                to the carryover.                                                    b. Contestants representing two or more betting inter-
         c.     Method 3, Place (n) Pick with No Minor Pool and                            ests, the Place Pick (n) pool shall be distributed as a
                No Carryover: The net Place Pick (n) pool shall be                         single price pool with a winning wager including the
                distributed as a single price pool to those who                            betting interest which finished first or any betting
                selected the first- or second-place finisher in the                        interest involved in a dead heat for second.
                greatest number of Place Pick (n) contests, based               5.   Should a betting interest in any Place Pick (n) contest be
                upon the official order of finish. If there are no                   scratched, the actual favorite, as evidenced by total
                major winning wagers, the pool is refunded.                          amounts wagered in the Win pool at the host association
         d.     Method 4, Place Pick (n) with Minor Pool and No                      for the contest at the close of wagering on that contest,
                Carryover: The major share of the net Place Pick (n)                 shall be substituted for the scratched betting interest for
                pool shall be distributed to those who selected the                  all purposes, including pool calculations. In the event that
                first- or second-place finisher in the greatest number               the Win pool total for two or more favorites is identical,
                of Place Pick (n) contests, based upon the official                  the substitute selection shall be the betting interest with
                order of finish. The minor share of the net Place Pick               the lowest program number. The totalisator shall produce
                (n) pool shall be distributed to those who selected                  reports showing each of the wagering combinations with
                the first- or second-place finisher in the second                    substituted betting interests which became winners as a
                greatest number of Place Pick (n) contests, based                    result of the substitution, in addition to the normal win-
                upon the official order of finish. If there are no                   ning combination.
                wagers selecting the first- or second-place finisher in         6.   The Place Pick (n) pool shall be cancelled and all Place
                a second greatest number of Place Pick (n) contests,                 Pick (n) wagers for the individual performance shall be
                the minor share of the net Place Pick (n) pool shall                 refunded if:
                be combined with the major share for distribution as                 a. At least two contests included as part of a Place Pick
                a single price pool to those who selected the first- or                    3 are cancelled or declared “no contest.”
                second-place finisher in the greatest number of Place                b. At least three contests included as part of a Place
                Pick (n) contests. If the greatest number of first- or                     Pick 4, Place Pick 5, or Place Pick 6 are cancelled or
                second-place finishers selected is 1, the major and                        declared “no contest.”
                minor shares are combined for distribution as a sin-                 c. At least four contests included as part of a Place Pick
                gle price pool. If there are no winning wagers, the                        7, Place Pick 8, or Place Pick 9 are cancelled or
                pool is refunded.                                                          declared “no contest.”
         e.     Method 5, Place Pick (n) with Minor Pool and No                      d. At least five contests included as part of a Place Pick
                Carryover: The major share of the net Place Pick (n)                       10 are cancelled or declared “no contest.”
                pool shall be distributed to those who selected the             7.   If at least one contest included as part of a Place Pick (n)
                first- or second-place finisher in each of the Place                 is cancelled or declared “no contest,” but not more than
                Pick (n) contests, based upon the official order of                  the number specified in subsection (H)(6) of this rule, the
                finish. The minor share of the net Place Pick (n) pool               net pool shall be distributed as a single price pool to those
                shall be distributed to those who selected the first- or             whose selection finished first or second in the greatest
                second-place finisher in the second greatest number                  number of Place Pick (n) contests for that performance.
                of Place Pick (n) contests, based upon the official                  Such distribution shall include the portion ordinarily
                order of finish. If there are no wagers selecting the                retained for the Place Pick (n) carryover but not the carry-
                first- or second-place finisher in all Place Pick (n)                over from previous performances.
                contests, the entire net Place Pick (n) pool shall be           8.   The Place Pick (n) carryover may be capped at a desig-
                distributed as a single price pool to those who                      nated level approved by the Department so that if, at the
                selected the first- or second-place finisher in the                  close of any performance, the amount in the Place Pick
                greatest number of Place Pick (n) contests. If there                 (n) carryover equals or exceeds the designated cap, the
                are no wagers selecting the first or second-place fin-               Place Pick (n) carryover will be frozen until it is won or
                isher in a second greatest number of Place Pick (n)                  distributed under other provisions of this rule. After the
                contests, the minor share of the net Place Pick (n)                  Place Pick (n) carryover is frozen, 100% of the net pool,
                pool shall be combined with the major share for dis-                 part of which ordinarily would be added to the Place Pick
                tribution as a single price pool to those who selected               (n) carryover, shall be distributed to those whose selec-
                the first- or second-place finisher in each of the                   tion finished first or second in the greatest number of
                Place Pick (n) contests. If there are no winning                     Place Pick (n) contests for that performance.
                wagers, the pool is refunded.


June 30, 2006                                                         Page 73                                                          Supp. 06-2
Title 19, Ch. 2                                           Arizona Administrative Code
                                                          Arizona Racing Commission

     9.  A written request for permission to distribute the Place                    d.  As a single price pool to those whose combination
         Pick (n) carryover on a specific performance may be sub-                        included the one covered betting interest included
         mitted to the Department. The request must contain justi-                       within the first two finishers; but if there are no such
         fication for the distribution, an explanation of the benefit                    wagers, then
         to be derived, and the intended date and performance for                   e. The entire pool shall be refunded on Quinella
         the distribution.                                                               wagers for that contest.
     10. Should the Place Pick (n) carryover be designated for dis-             3. If there is a dead heat for first involving:
         tribution on a specified date and performance in which                     a. Contestants representing the same betting interest,
         there are no wagers selecting the first- or second-place                        the Quinella pool shall be distributed to those select-
         finisher in each of the Place Pick (n) contests, the entire                     ing the coupled entry or mutuel field combined with
         pool shall be distributed as a single price pool to those                       the next separate betting interest in the official order
         whose selection finished first or second in the greatest                        of finish.
         number of Place Pick (n) contests. The Place Pick (n) car-                 b. Contestants representing two betting interests, the
         ryover shall be designated for distribution on a specified                      Quinella pool shall be distributed as if no dead heat
         date and performance under any of the following circum-                         occurred.
         stances:                                                                   c. Contestants representing three or more betting inter-
         a. Upon written approval from the Department as pro-                            ests, the Quinella pool shall be distributed as a profit
               vided in subsection (H)(9) of this rule.                                  split.
         b. Upon written approval from the Department when                      4. If there is a dead heat for second involving contestants
               there is a change in the carryover cap, a change from                representing the same betting interest, the Quinella pool
               one type of Place Pick (n) wagering to another, or                   shall be distributed as if no dead heat occurred.
               when the Place Pick (n) is discontinued.                         5. If there is a dead heat for second involving contestants
         c. On the closing performance of the meet or split                         representing two or more betting interests, the Quinella
               meet.                                                                pool shall be distributed to wagers in the following prece-
     11. If, for any reason, the Place Pick (n) carryover must be                   dence, based upon the official order of finish:
         held over to the corresponding Place Pick (n) pool of a                    a. As a profit split to those combining the winner with
         subsequent meet, the carryover shall be deposited in an                         any of the betting interests involved in the dead heat
         interest-bearing account approved by the Department.                            for second, but if there is only one covered combina-
         The Place Pick (n) carryover plus accrued interest shall                        tion, then
         then be added to the net Place Pick (n) pool of the follow-                b. As a single price pool to those combining the winner
         ing meet on a date and performance so designated by the                         with the one covered betting interest involved in the
         Department.                                                                     dead heat for second; but if there are no such
     12. With the written approval of the Department, the permit-                        wagers, then
         tee may contribute to the Place Pick (n) carryover a sum                   c. As a profit split to those combining the betting inter-
         of money up to the amount of any designated cap.                                ests involved in the dead heat for second; but if there
     13. Providing information to any person regarding covered                           are no such wagers, then
         combinations, amounts wagered on specific combina-                         d. As a profit split to those whose combination
         tions, number of tickets sold, or number of live tickets                        included the winner and any other betting interest
         remaining is strictly prohibited. This shall not prohibit                       and wagers selecting any of the betting interests
         necessary communication between totalisator and pari-                           involved in the dead heat for second; but if there are
         mutuel department employees for processing of pool                              no such wagers, then
         data.                                                                      e. The entire pool shall be refunded on Quinella
     14. The permittee may suspend previously approved Place                             wagers for that contest.
         Pick (n) wagering with the prior approval of the Depart-          J.   Quinella Double Pools
         ment. Any carryover shall be held until the suspended                  1. The Quinella Double requires selection of the first two
         Place Pick (n) wagering is reinstated. A permittee may                     finishers, irrespective of order, in each of two specified
         request approval of a Place Pick (n) wager or separate                     contests.
         wagering pool for specific performances.                               2. The net Quinella Double pool shall be distributed to win-
I.   Quinella Pools                                                                 ning wagers in the following precedence, based upon the
     1. The Quinella requires selection of the first two finishers,                 official order of finish:
         irrespective of order, for a single contest.                               a. If a coupled entry or mutuel field finishes as the first
     2. The net Quinella pool shall be distributed to winning                            two contestants in either contest, as a single price
         wagers in the following precedence, based upon the offi-                        pool to those selecting the coupled entry or mutuel
         cial order of finish:                                                           field combined with the next separate betting inter-
         a. If contestants of a coupled entry or mutuel field fin-                       est in the official order of finish for that contest, as
               ish as the first two finishers, as a single price pool to                 well as the first two finishers in the alternate
               those selecting the coupled entry or mutuel field                         Quinella Double contest; otherwise
               combined with the next separate betting interest in                  b. As a single price pool to those who selected the first
               the official order of finish; otherwise                                   two finishers in each of the two Quinella Double
         b. As a single price pool to those whose combination                            contests; but if there are no such wagers, then
               finished as the first two betting interests; but if there            c. As a profit split to those who selected the first two
               are no such wagers, then                                                  finishers in either of the two Quinella Double con-
         c. As a profit split to those whose combination                                 tests; but if there are no such wagers on one of those
               included either the first- or second-place finisher;                      contests, then
               but if there are no such wagers on one of the those
               two finishers, then


Supp. 06-2                                                            Page 74                                                     June 30, 2006
                                                       Arizona Administrative Code                                            Title 19, Ch. 2
                                                       Arizona Racing Commission

         d.   As a single price pool to those who selected the first           Quinella Double contest, the net Quinella Double pool
              two finishers in the one covered Quinella Double                 shall be distributed as a single price pool to wagers select-
              contest; but if there were no such wagers, then                  ing the winning combination in the first Quinella Double
        e. The entire pool shall be refunded on Quinella Dou-                  contest. If there are no wagers selecting the winning com-
              ble wagers for those contests.                                   bination in the first Quinella Double contest, the entire
    3. If there is a dead heat for first in either of the two                  Quinella Double pool shall be refunded on Quinella Dou-
        Quinella Double contests involving:                                    ble wagers for those contests.
        a. Contestants representing the same betting interest,         K. Exacta Pools
              the Quinella Double pool shall be distributed to            1. The Exacta requires selection of the first two finishers, in
              those selecting the coupled entry or mutuel field                their exact order, for a single contest.
              combined with the next separate betting interest in         2. The net Exacta pool shall be distributed to winning
              the official order of finish for that contest.                   wagers in the following precedence, based upon the offi-
        b. Contestants representing two betting interests, the                 cial order of finish:
              Quinella Double pool shall be distributed as if no               a. If contestants of a coupled entry or mutuel field fin-
              dead heat occurred.                                                    ish as the first two finishers, as a single price pool to
        c. Contestants representing three or more betting inter-                     those selecting the coupled entry or mutuel field
              ests, the Quinella Double pool shall be distributed as                 combined with the next separate betting interest in
              a profit split.                                                        the official order of finish; otherwise
    4. If there is a dead heat for second in either of the Quinella            b. As a single price pool to those whose combination
        Double contests involving contestants representing the                       finished in correct sequence as the first two betting
        same betting interest, the Quinella Double pool shall be                     interests; but if there are no such wagers, then
        distributed as if no dead heat occurred.                               c. As a profit split to those whose combination
    5. If there is a dead heat for second in either of the Quinella                  included either the first-place betting interest to fin-
        Double contests involving contestants representing two                       ish first or the second-place betting interest to finish
        or more betting interests, the Quinella Double pool shall                    second; but if there are no such wagers on one of
        be distributed as profit split.                                              those two finishers, then
    6. Should a betting interest in the first half of the Quinella             d. As a single price pool to those whose combination
        Double be scratched prior to the first Quinella Double                       included the one covered betting interest to finish
        contest being declared official, all money wagered on                        first or second in the correct sequence; but if there
        combinations including the scratched betting interest                        are no such wagers, then
        shall deducted from the Quinella Double pool and                       e. The entire pool shall be refunded on Exacta wagers
        refunded.                                                                    for that contest.
    7. Should a betting interest in the second half of the                3. If there is a dead heat for first involving:
        Quinella Double be scratched prior to the close of wager-              a. Contestants representing the same betting interest,
        ing on the first Quinella Double contest, all money                          the Exacta pool shall be distributed as a single price
        wagered on combinations including the scratched betting                      pool to those selecting the coupled entry or mutuel
        interest shall be deducted from the Quinella Double pool                     field combined with the next separate betting inter-
        and refunded.                                                                est in the official order of finish.
    8. Should a betting interest in the second half of the                     b. Contestants representing two or more betting inter-
        Quinella Double be scratched after the close of wagering                     ests, the Exacta pool shall be distributed as a profit
        on the first Quinella Double contest, all wagers combin-                     split.
        ing the winning combination in the first contest with a           4. If there is a dead heat for second involving contestants
        combination including the scratched betting interest in                representing the same betting interest, the Exacta pool
        the second contest shall be allocated a consolation payoff.            shall be distributed as if no dead heat occurred.
        In calculating the consolation payoff, the net Quinella           5. If there is a dead heat for second involving contestants
        Double pool shall be divided by the total amount wagered               representing two or more betting interests, the Exacta
        on the winning combination in the first contest and an                 pool shall be distributed to ticket holders in the following
        unbroken consolation price obtained. The unbroken con-                 precedence, based upon the official order of finish:
        solation price is multiplied by the dollar value of wagers             a. As a profit split to those combining the first-place
        on the winning combination in the first contest combined                     betting interest with any of the betting interests
        with a combination including the scratched betting inter-                    involved in the dead heat for second; but if there is
        est in the second contest to obtain the consolation payoff.                  only one covered combination, then
        Breakage is not utilized in this calculation. The consola-             b. As a single price pool to those combining the first-
        tion payoff is deducted from the net Quinella Double pool                    place betting interest with the one covered betting
        before calculation and distribution of the winning                           interest involved in the dead heat for second; but if
        Quinella Double payoff. In the event of a dead heat                          there are no such wagers, then
        involving separate betting interests, the net Quinella Dou-            c. As a profit split to those wagers correctly selecting
        ble pool shall be distributed as a profit split.                             the winner for first place and those wagers selecting
    9. If either of the Quinella Double contests is cancelled prior                  any of the dead-heated betting interests for second
        to the first Quinella Double contest, or the first Quinella                  place; but if there are no such wagers, then
        Double contest is declared “no contest,” the entire                    d. The entire pool shall be refunded on Exacta wagers
        Quinella Double pool shall be refunded on Quinella Dou-                      for that contest.
        ble wagers for those contests.                                 L. Trifecta Pools
    10. If the second Quinella Double contest is cancelled or             1. The Trifecta requires selection of the first three finishers,
        declared “no contest” after the conclusion of the first                in their exact order, for a single contest.




June 30, 2006                                                     Page 75                                                         Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

     2.The net Trifecta pool shall be distributed to winning                     a.    Contestants representing four or more betting inter-
       wagers in the following precedence, based upon the offi-                        ests, all of the wagering combinations selecting four
       cial order of finish:                                                           betting interests which correspond with any of the
       a. As a single price pool to those whose combination                            betting interests involved in the dead heat shall share
             finished in correct sequence as the first three betting                   in a profit split.
             interests; but if there are no such wagers, then                   b. Contestants representing three betting interests, all
       b. As a single price pool to those whose combination                            of the wagering combinations selecting the three
             included, in correct sequence, the first two betting                      dead-heated betting interests, irrespective of order,
             interests; but if there are no such wagers, then                          along with the fourth-place betting interest shall
       c. As a single price pool to those whose combination                            share in a profit split.
             correctly selected the first-place betting interest                c. Contestants representing two betting interests, both
             only; but if there are no such wagers, then                               of the wagering combinations selecting the two
       d. The entire pool shall be refunded on Trifecta wagers                         dead-heated betting interests, irrespective of order,
             for that contest.                                                         along with the third-place and fourth-place betting
   3. If less than three betting interests finish and the contest is                   interests shall share in a profit split.
       declared official, payoffs will be made based upon the               5. If there is a dead heat for second involving:
       order of finish of those betting interests completing the                a. Contestants representing three or more betting inter-
       contest. The balance of any selection beyond the number                         ests, all of the wagering combinations correctly
       of betting interests completing the contest shall be                            selecting the winner combined with any of the three
       ignored.                                                                        betting interests involved in the dead heat for second
   4. If there is a dead heat for first involving:                                     shall share in a profit split.
       a. Contestants representing three or more betting inter-                 b. Contestants representing two betting interests, all of
             ests, all of the wagering combinations selecting                          the wagering combinations correctly selecting the
             three betting interests which correspond with any of                      winner, the two dead-heated betting interests, irre-
             the betting interests involved in the dead heat shall                     spective of order, and the fourth-place betting inter-
             share in a profit split.                                                  est shall share in a profit split.
       b     Contestants representing two betting interests, both           6. If there is a dead heat for third, all wagering combinations
             of the wagering combinations selecting the two                     correctly selecting the first two finishers, in correct
             dead-heated betting interests, irrespective of order,              sequence, along with any two of the betting interests
             along with the third-place betting interest shall share            involved in the dead heat for third shall share in a profit
             in a profit split.                                                 split.
   5. If there is a dead heat for second, all of the combinations           7. If there is a dead heat for fourth, all wagering combina-
       correctly selecting the winner combined with any of the                  tions correctly selecting the first three finishers, in correct
       betting interests involved in the dead heat for second shall             sequence, along with any of the betting interests involved
       share in a profit split.                                                 in the dead heat for fourth shall share in a profit split.
   6. If there is a dead heat for third, all wagering combinations     N.   Twin Quinella Pools
       correctly selecting the first two finishers, in correct              1. The Twin Quinella requires selection of the first two fin-
       sequence, along with any of the betting interests involved               ishers, irrespective of order, in each of two designated
       in the dead heat for third shall share in a profit split.                contests. Each winning ticket for the first Twin Quinella
M. Superfecta Pools                                                             contest must be exchanged for a free ticket on the second
   1. The Superfecta requires selection of the first four finish-               Twin Quinella contest in order to remain eligible for the
       ers, in their exact order, for a single contest.                         second-half Twin Quinella pool. Such tickets may be
   2. The net Superfecta pool shall be distributed to winning                   exchanged only at attended ticket windows prior to the
       wagers in the following precedence, based upon the offi-                 second Twin Quinella contest. There will be no monetary
       cial order of finish:                                                    reward for winning the first Twin Quinella contest. Both
       a. As a single price pool to those whose combination                     of the designated Twin Quinella contests shall be
             finished in correct sequence as the first four betting             included in only one Twin Quinella pool.
             interests; but if there are no such wagers, then               2. In the first Twin Quinella contest only, winning wagers
       b. As a single price pool to those whose combination                     shall be determined using the following precedence,
             included, in correct sequence, the first three betting             based upon the official order of finish for the first Twin
             interests; but if there are no such wagers, then                   Quinella contest:
       c. As a single price pool to those whose combination                     a. If a coupled entry or mutuel field finishes as the first
             included, in correct sequence, the first two betting                      two finishers, those who selected the coupled entry
             interests; but if there are no such wagers, then                          or mutuel field combined with the next separate bet-
       d. As a single price pool to those whose combination                            ting interest in the official order of finish shall be
             correctly selected the first-place betting interest                       winners; otherwise
             only; but if there are no such wagers, then                        b. Those whose combination finished as the first two
       e. The entire pool shall be refunded on Superfecta                              betting interests shall be winners; but if there are no
             wagers for that contest.                                                  such wagers, then
   3. If less than four betting interests finish and the contest is             c. Those whose combination included either the first-
       declared official, payoffs will be made based upon the                          or second-place finisher shall be winners; but if
       order of finish of those betting interests completing the                       there are no such wagers on one of those two finish-
       contest. The balance of any selection beyond the number                         ers, then
       of betting interests completing the contest shall be                     d. Those whose combination included the one covered
       ignored.                                                                        betting interest included within the first two finish-
   4. If there is a dead heat for first involving:


Supp. 06-2                                                        Page 76                                                       June 30, 2006
                                                          Arizona Administrative Code                                             Title 19, Ch. 2
                                                          Arizona Racing Commission

               ers shall be winners; but if there are no such wagers,           6.  In the second Twin Quinella contest only, if there is a
               then                                                                 dead heat for first involving:
         e. The entire pool shall be refunded on Twin Quinella                      a. Contestants representing the same betting interest,
               wagers for that contest.                                                   the net Twin Quinella pool shall be distributed to
    3.   In the first Twin Quinella contest only, if there is a dead                      those selecting the coupled entry or mutuel field
         heat for first involving:                                                        combined with the next separate betting interest in
         a. Contestants representing the same betting interest,                           the official order of finish.
               those who selected the coupled entry or mutuel field                 b. Contestants representing two betting interests, the
               combined with the next separate betting interest in                        net Twin Quinella pool shall be distributed as if no
               the official order of finish shall be winners.                             dead heat occurred.
         b. Contestants representing two betting interests, the                     c. Contestants representing three or more betting inter-
               winning Twin Quinella wagers shall be determined                           ests, the net Twin Quinella pool shall be distributed
               as if no dead heat occurred.                                               as a profit split to those whose combination included
         c. Contestants representing three or more betting inter-                         any two of the betting interests finishing in the dead
               ests, those whose combination included any two of                          heat.
               the betting interests finishing in the dead heat shall           7. In the second Twin Quinella contest only, if there is a
               be winners.                                                          dead heat for second involving contestants representing
    4.   In the first Twin Quinella contest only, if there is a dead                two or more betting interests, the Twin Quinella pool
         heat for second involving contestants representing two or                  shall be distributed to wagers in the following prece-
         more betting interests, the Twin Quinella pool shall be                    dence, based upon the official order of finish:
         distributed to wagers in the following precedence, based                   a. As a profit split to those combining the winner with
         upon the official order of finish:                                               any of the betting interests involved in the dead heat
         a. As a profit split to those combining the winner with                          for second; but if there is only one covered combina-
               any of the betting interests involved in the dead heat                     tion, then
               for second; but if there is only one covered combina-                b. As a single price pool to those combining the winner
               tion, then                                                                 with the one covered betting interest involved in the
         b. As a single price pool to those combining the winner                          dead heat for second; but if there are no such
               with the one covered betting interest involved in the                      wagers, then
               dead heat for second, but if there are no such wagers,               c. As a profit split to those combining the betting inter-
               then                                                                       ests involved in the dead heat for second; but if there
         c. As a profit split to those combining the betting inter-                       are no such wagers, then
               ests involved in the dead heat for second; but if there              d. As a profit split to those whose combination
               are no such wagers, then                                                   included the winner and any other betting interest
         d. As a profit split to those whose combination                                  and wagers selecting any of the betting interests
               included the winner and any other betting interest                         involved in the dead heat for second, then
               and wagers selecting any of the betting interests                    e. As a single price pool to all the exchange ticket
               involved in the dead heat for second; but if there are                     holders for that contest; but if there are no such tick-
               no such wagers, then                                                       ets, then
         e. The entire pool shall be refunded on Twin Quinella                      f. In accordance with subsection (N)(2) of the Twin
               wagers for the contest.                                                    Quinella rules.
    5.   In the second Twin Quinella contest only, the entire net               8. If a winning ticket for the first-half of the Twin Quinella
         Twin Quinella pool shall be distributed to winning                         is not presented for exchange prior to the close of betting
         wagers in the following precedence, based upon the offi-                   on the second-half Twin Quinella contest, the ticket
         cial order of finish for the second Twin Quinella contest:                 holder forfeits all rights to any distribution of the Twin
         a. If a coupled entry or mutuel field finishes as the first                Quinella pool resulting from the outcome of the second
               two finishers, as a single price pool to those who                   contest.
               selected the coupled entry or mutuel field combined              9. Should a betting interest in the first half of the Twin
               with the next separate betting interest in the official              Quinella be scratched, those Twin Quinella wagers
               order of finish; otherwise                                           including the scratched betting interest shall be refunded.
         b. As a single price pool to those whose combination                   10. Should a betting interest in the second half of the Twin
               finished as the first two betting interests; but if there            Quinella be scratched, an announcement concerning the
               are no such wagers, then                                             scratch shall be made and a reasonable amount of time
         c. As a profit split to those whose combination                            shall be provided for exchange of tickets that include the
               included either the first- or second-place finisher;                 scratched betting interest. If tickets have not been
               but if there are no such wagers on one of those two                  exchanged prior to the close of betting for the second
               finishers, then                                                      Twin Quinella contest, the ticket holder forfeits all rights
         d. As a single price pool to those whose combination                       to the Twin Quinella pool.
               included the one covered betting interest included               11. If either of the Twin Quinella contests is cancelled prior
               within the first two finishers; but if there are no such             to the first Twin Quinella contest, or the first Twin
               wagers, then                                                         Quinella contest is declared “no contest,” the entire Twin
         e. As a single price pool to all the exchange ticket                       Quinella pool shall be refunded on Twin Quinella wagers
               holders for that contest; but if there are no such tick-             for that contest.
               ets, then                                                        12. If the second-half Twin Quinella contest is cancelled or
         f. In accordance with subsection (N)(2) of the Twin                        declared “no contest” after the conclusion of the first
               Quinella rules.                                                      Twin Quinella contest, the net Twin Quinella pool shall
                                                                                    be distributed as a single price pool to wagers selecting


June 30, 2006                                                         Page 77                                                         Supp. 06-2
Title 19, Ch. 2                                        Arizona Administrative Code
                                                       Arizona Racing Commission

       the winning combination in the first Twin Quinella con-              7.    Should a betting interest in the first half of the Twin Tri-
       test and all valid exchange tickets. If there are no such                  fecta be scratched, those Twin Trifecta wagers including
       wagers, the net Twin Quinella pool shall be distributed as                 the scratched betting interest shall be refunded.
       described in subsection (N)(2) of the Twin Quinella rules.           8.    Should a betting interest in the second-half of the Twin
O. Twin Trifecta Pools                                                            Trifecta be scratched, an announcement concerning the
   1. The Twin Trifecta requires selection of the first three fin-                scratch shall be made and a reasonable amount of time
       ishers, in their exact order, in each of two designated con-               shall be provided for exchange of tickets that include the
       tests. Each winning ticket for the first Twin Trifecta                     scratched betting interest. If tickets have not been
       contest must be exchanged for a free ticket on the second                  exchanged prior to the close of betting for the second
       Twin Trifecta contest in order to remain eligible for the                  Twin Trifecta contest, the ticket holder forfeits all rights
       second-half Twin Trifecta pool. Such tickets may be                        to the second-half Twin Trifecta pool.
       exchanged only at attended ticket windows prior to the               9.    If, due to a late scratch, the number of betting interests in
       second Twin Trifecta contest. Winning first-half Twin                      the second half of the Twin Trifecta is reduced to fewer
       Trifecta wagers will receive both an exchange and a mon-                   than the minimum, all exchange tickets and outstanding
       etary payoff. Both of the designated Twin Trifecta con-                    first-half winning tickets shall be entitled to the second-
       tests shall be included in only one Twin Trifecta pool.                    half Twin Trifecta pool for that contest as a single price
   2. After wagering closes for the first half of the Twin Tri-                   pool, but not the Twin-Trifecta carryover.
       fecta and commissions have been deducted from the pool,              10.   If there is a dead heat or multiple dead heats in either the
       the net pool shall then be divided into separate pools: the                first- or second-half of the Twin Trifecta, all Twin Tri-
       first-half Twin Trifecta pool and the second-half Twin                     fecta wagers selecting the correct order of finish, count-
       Trifecta pool.                                                             ing a betting interest involved in a dead heat as finishing
   3. In the first Twin Trifecta contest only, winning wagers                     in any dead-heated position, shall be a winner. In the case
       shall be determined using the following precedence,                        of a dead heat occurring in:
       based upon the official order of finish for the first Twin                 a. The first half of the Twin Trifecta, the payoff shall
       Trifecta contest:                                                                be calculated as a profit split.
       a. As a single price pool to those whose combination                       b. The second half of the Twin Trifecta, the payoff
             finished in correct sequence as the first three betting                    shall be calculated as a single price pool.
             interests; but if there are no such wagers, then               11.   If either of the Twin Trifecta contests are cancelled prior
       b. As a single price pool to those whose combination                       to the first Twin Trifecta contest, or the first Twin Trifecta
             included, in correct sequence, the first two betting                 contest is declared “no contest,” the entire Twin Trifecta
             interests; but if there are no such wagers, then                     pool shall be refunded on Twin Trifecta wagers for that
       c. As a single price pool to those whose combination                       contest and the second half shall be cancelled.
             correctly selected the first-place betting interest            12.   If the second-half Twin Trifecta contest is cancelled or
             only; but if there are no such wagers, then                          declared “no contest,” all exchange tickets and outstand-
        d. The entire Twin Trifecta pool shall be refunded on                     ing first-half winning Twin Trifecta tickets shall be enti-
             Twin Trifecta wagers for that contest and the second                 tled to the net Twin Trifecta pool for that contest as a
             half shall be cancelled.                                             single price pool, but not Twin-Trifecta carryover. If there
   4. If no first-half Twin Trifecta ticket selects the first three               are no such tickets, the net Twin Trifecta pool shall be
       finishers of that contest in exact order, winning ticket                   distributed as described in subsection (O)(3) of the Twin
       holders shall not receive any exchange tickets for the sec-                Trifecta rules.
       ond-half Twin Trifecta pool. In such case, the second-half           13.   The Twin-Trifecta carryover may be capped at a desig-
       Twin Trifecta pool shall be retained and added to any                      nated level approved by the Department so that if, at the
       existing Twin Trifecta carryover pool.                                     close of any performance, the amount in the Twin- Tri-
   5. Winning tickets from the first half of the Twin Trifecta                    fecta carryover equals or exceeds the designated cap, the
       shall be exchanged for tickets selecting the first three fin-              Twin-Trifecta carryover will be frozen until it is won or
       ishers of the second-half of the Twin Trifecta. The sec-                   distributed under other provisions of this rule. After the
       ond-half Twin Trifecta pool shall be distributed to                        Twin Trifecta carryover is frozen, 100% of the net Twin
       winning wagers in the following precedence, based upon                     Trifecta pool for each individual contest shall be distrib-
       the official order of finish for the second Twin Trifecta                  uted to carryover winners of the first half of the Twin Tri-
       contest:                                                                   fecta pool.
       a. As a single price pool, including any existing carry-             14.   A written request for permission to distribute the Twin-
             over monies, to those whose combination finished in                  Trifecta carryover on a specific performance may be sub-
             correct sequence as the first three betting interests;               mitted to the Department. The request must contain justi-
             but if there are no such tickets, then                               fication for the distribution, an explanation of the benefit
       b. The entire second-half Twin Trifecta pool for that                      to be derived, and the intended date and performance for
             contest shall be added to any existing carryover                     the distribution.
             monies and retained for the corresponding second-              15.   Should the Twin-Trifecta carryover be designated for dis-
             half Twin Trifecta pool of the next consecutive per-                 tribution on a specified date and performance, the follow-
             formance.                                                            ing precedence will be followed in determining winning
   6. If a winning first-half Twin Trifecta ticket is not pre-                    tickets for the second half of the Twin Trifecta after com-
       sented for cashing and exchange prior to the second-half                   pletion of the first half of the Twin Trifecta:
       Twin Trifecta contest, the ticket holder may still collect                 a. As a single price pool to those whose combination
       the monetary value associated with the first-half Twin                           finished in correct sequence as the first three betting
       Trifecta pool but forfeits all rights to any distribution of                     interests; but if there are no such wagers, then
       the second-half Twin Trifecta pool.




Supp. 06-2                                                        Page 78                                                       June 30, 2006
                                                          Arizona Administrative Code                                             Title 19, Ch. 2
                                                          Arizona Racing Commission

          b.    As a single price pool to those whose combination                    ning ticket for the first Tri-Superfecta contest must be
                included, in correct sequence, the first two betting                 exchanged for a free ticket on the second Tri-Superfecta
                interests; but if there are no such wagers, then                     contest in order to remain eligible for the second-half Tri-
          c. As a single price pool to those whose combination                       Superfecta pool. Such tickets may be exchanged only at
                correctly selected the first-place betting interest                  attended ticket windows prior to the second Tri-Super-
                only; but if there are no such wagers, then                          fecta contest. Winning first-half Tri-Superfecta tickets
          d. As a single price pool to holders of valid exchange                     will receive both an exchange and a monetary payoff.
                tickets.                                                             Both of the designated Tri-Superfecta contests shall be
          e. As a single price pool to holders of outstanding first-                 included in only one Tri-Superfecta pool.
                half winning tickets.                                           2.   After wagering closes for the first-half of the Tri-Super-
     16. Contrary to subsection (O)(4) of the Twin Trifecta rules,                   fecta and commissions have been deducted from the pool,
          during a performance designated to distribute the Twin-                    the net pool shall then be divided into two separate pools:
          Trifecta carryover, exchange tickets will be issued for                    the first-half Tri-Superfecta pool and the second-half Tri-
          those combinations selecting the greatest number of bet-                   Superfecta pool.
          ting interests in their correct order of finish for the first         3.   In the first Tri-Superfecta contest only, winning tickets
          half of the Twin Trifecta. If there are no wagers correctly                shall be determined using the following precedence,
          selecting the first-, second-, and third-place finishers, in               based upon the official order of finish for the first Tri-
          their exact order, then exchange tickets shall be issued for               Superfecta contest:
          combinations correctly selecting the first- and second-                    a. As a single price pool to those whose combination
          place betting interests. If there are no wagers correctly                        finished in correct sequence as the first three betting
          selecting the first- and second-place finishers, in their                        interests; but if there are no such wagers, then
          exact order, then exchange tickets shall be issued for                     b. As a single price pool to those whose combination
          combinations correctly selecting the first-place betting                         included, in correct sequence, the first two betting
          interest only. If there are no wagers selecting the first-                       interests; but if there are no such wagers, then
          place betting interest only in the first half of the Twin Tri-             c. As a single price pool to those whose combination
          fecta, all first-half tickets will become winners and will                       correctly selected the first-place betting interest
          receive 100% of that day’s net Twin Trifecta pool and any                        only; but if there are no such wagers, then
          existing Twin-Trifecta carryover as a single price pool.                   d. The entire Tri-Superfecta pool shall be refunded on
     17. The Twin-Trifecta carryover shall be designated for dis-                          Tri-Superfecta for that contest and the second half
          tribution on a specified date and performance only under                         shall be cancelled.
          the following circumstances:                                          4.   If no first-half Tri-Superfecta ticket selects the first three
          a. Upon written approval from the Department as pro-                       finishers of that contest in exact order, winning ticket
                vided in subsection (O)(15) of the Twin Trifecta                     holders shall not receive any exchange tickets for the sec-
                rules.                                                               ond-half Tri-Superfecta pool. In such case, the second-
          b. Upon written approval from the Department when                          half Tri-Superfecta pool shall be retained and added to
                there is a change in the carryover cap or when the                   any existing Tri-Superfecta carryover pool.
                Twin Trifecta is discontinued.                                  5.   Winning tickets from the first half of the Tri-Superfecta
          c. On the closing performance of the meet or split                         shall be exchanged for tickets selecting the first four fin-
                meet.                                                                ishers of the second-half of the Tri-Superfecta. The sec-
     18. If, for any reason, the Twin-Trifecta carryover must be                     ond-half Tri-Superfecta pool shall be distributed to
          held over to the corresponding Twin Trifecta pool of a                     winning wagers in the following precedence, based upon
          subsequent meet, the carryover shall be deposited in an                    the official order of finish for the second Tri-Superfecta
          interest-bearing account approved by the Department.                       contest:
          The Twin-Trifecta carryover plus accrued interest shall                    a. As a single price pool, including any existing carry-
          then be added to the second-half Twin Trifecta pool of the                       over monies, to those whose combination finished in
          following meet on a date and performance so designated                           correct sequence as the first four betting interests;
          by the Department.                                                               but if there are no such tickets, then
     19. Providing information to any person regarding covered                       b. The entire second-half Tri-Superfecta pool for that
          combinations, amounts wagered on specific combina-                               contest shall be added to any existing carryover
          tions, number of tickets sold, or number of valid                                monies and retained for the corresponding second-
          exchange tickets is prohibited. This shall not prohibit                          half Tri-Superfecta pool of the next performance.
          necessary communication between totalisator and pari-                 6.   If a winning first-half Tri-Superfecta ticket is not pre-
          mutuel department employees for processing of pool                         sented for cashing and exchange prior to the second-half
          data.                                                                      Tri-Superfecta contest, the ticket holder may still collect
     20. The permittee must obtain written approval from the                         the monetary value associated with the first-half Tri-
          Department concerning the scheduling of Twin Trifecta                      Superfecta pool but forfeits all rights to any distribution
          contests, the percentages of the net pool added to the                     of the second-half Tri-Superfecta pool.
          first-half pool and second-half pool, and the amount of               7.   Coupled entries and mutuel fields shall be prohibited in
          any cap to be set on the carryover. Any changes to the                     Tri-Superfecta contests.
          approved Twin Trifecta format require prior approval                  8.   Should a betting interest in the first-half of the Tri-Super-
          from the Department.                                                       fecta be scratched, those Tri-Superfecta tickets including
P.   Tri-Superfecta Pools                                                            the scratched betting interest shall be refunded.
     1. The Tri-Superfecta requires selection of the first three                9.   Should a betting interest in the second-half of the Tri-
          finishers, in their exact order, in the first of two desig-                Superfecta be scratched, an announcement concerning
          nated contests and the first four finishers, in exact order,               the scratch shall be made and a reasonable amount of
          in the second of the two designated contests. Each win-                    time shall be provided for exchange of tickets that include


June 30, 2006                                                         Page 79                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          the scratched betting interest. If tickets have not been                  d. As a single price pool to those whose combination
          exchanged prior to the close of betting for the second Tri-                  included, in correct sequence, the first-place betting
          Superfecta contest, the ticket holder forfeits all rights to                 interest only; but if there are no such wagers, then
          the second-half Tri-Superfecta pool.                                   e. As a single price pool to holders of valid exchange
    10.   If, due to a late scratch, the number of betting interests in                tickets.
          the second-half of the Tri-Superfecta is reduced to fewer              f. As a single price pool to holders of outstanding first-
          than the minimum, all exchange tickets and outstanding                       half winning tickets.
          first-half winning tickets shall be entitled to the second-        17. Contrary to subsection (P)(4) of the Tri-Superfecta rules,
          half Tri-Superfecta pool for that contest as a single price            during a performance designated to distribute the Tri-
          pool, but not the Tri-Superfecta carryover.                            Superfecta carryover, exchange tickets will be issued for
    11.   If there is a dead heat or multiple dead heats in either the           those combinations selecting the greatest number of bet-
          first or second half of the Tri-Superfecta, all Tri-Super-             ting interests in their correct order of finish for the first-
          fecta tickets selecting the correct order of finish, counting          half of the Tri-Superfecta. If there are no wagers correctly
          a betting interest involved in a dead heat as finishing in             selecting the first-, second-, and third-place finishers, in
          any dead-heated position, shall be a winner. In the case of            their exact order, then exchange tickets shall be issued for
          a dead heat occurring in                                               combinations correctly selecting the first- and second-
          a. The first-half of the Tri-Superfecta, the payoff shall              place betting interests. If there are no wagers correctly
                be calculated as a profit split.                                 selecting the first- and second-place finishers, in their
          b. The second-half of the Tri-Superfecta, the payoff                   exact order, then exchange tickets shall be issued for
                shall be calculated as a single price pool.                      combinations correctly selecting the first-place betting
    12.   If either of the Tri-Superfecta contests are cancelled prior           interest only. If there are no wagers selecting the first-
          to the first Tri-Superfecta contest, or the first Tri-Super-           place betting interest only in the first half of the Tri-
          fecta contest is declared “no contest,” the entire Tri-                Superfecta, all first-half tickets will become winners and
          Superfecta pool shall be refunded on Tri-Superfecta                    will receive 100% of that day’s net Tri-Superfecta pool
          wagers for that contest and the second half shall be can-              and any existing Tri-Superfecta carryover as a single
          celled.                                                                price pool.
    13.   If the second-half Tri-Superfecta contest is cancelled or          18. The Tri-Superfecta carryover shall be designated for dis-
          declared “no contest,” all exchange tickets and outstand-              tribution on a specified date and performance only under
          ing first-half winning Tri-Superfecta tickets shall be enti-           the following circumstances:
          tled to the net Tri-Superfecta pool for that contest as a              a. Upon written approval from the Department as pro-
          single price pool, but not the Tri-Superfecta carryover. If                  vided in subsection (P)(15) of the Tri-Superfecta
          no there are no such tickets, the net Tri-Superfecta pool                    rules.
          shall be distributed as described in subsection (P)(3) of              b. Upon written approval from the Department when
          the Tri-Superfecta rules.                                                    there is a change in the carryover cap or when the
    14.   The Tri-Superfecta carryover may be capped at a desig-                       Tri-Superfecta is discontinued.
          nated level approved by the Department so that if, at the              c. On the closing performance of the meet or split
          close of any performance, the amount in the Tri-Super-                       meet.
          fecta carryover equals or exceeds the designated cap, the          19. If, for any reason, the Tri-Superfecta carryover must be
          Tri-Superfecta carryover will be frozen until it is won or             held over to the corresponding Tri-Superfecta pool of a
          distributed under other provisions of this rule. After the             subsequent meet, the carryover shall be deposited in an
          second-half Tri-Superfecta carryover is frozen, 100% of                interest-bearing account approved by the Department.
          the net Tri-Superfecta pool for each individual contest                The Tri-Superfecta carryover plus accrued interest shall
          shall be distributed to winners of the first-half of the Tri-          then be added to the second-half Tri-Superfecta pool of
          Superfecta pool.                                                       the following meet on a date and performance so desig-
    15.   A written request for permission to distribute the Tri-                nated by the Department.
          Superfecta carryover on a specific performance may be              20. Providing information to any person regarding covered
          submitted to the Department. The request must contain                  combinations, amounts wagered on specific combina-
          justification for the distribution, an explanation of the              tions, number of tickets sold, or number of valid
          benefit to be derived, and the intended date and perfor-               exchange tickets is prohibited. This shall not prohibit
          mance for the distribution.                                            necessary communication between totalisator and pari-
    16.   Should the Tri-Superfecta carryover be designated for                  mutuel department employees for processing of pool
          distribution on a specified date and performance, the fol-             data.
          lowing precedence will be followed in determining win-             21. The permittee must obtain written approval from the
          ning tickets for the second half of the Tri-Superfecta after           Department concerning the scheduling of Tri-Superfecta
          completion of the first half of the Tri-Superfecta:                    contests, the percentages of the net pool added to the
          a. As a single price pool to those whose combination                   first-half pool and second-half pool, and the amount of
                finished in correct sequence as the first four betting           any cap to be set on the carryover. Any changes to the
                interests; but if there are no such wagers, then                 approved Tri-Superfecta format require prior approval
          b. As a single price pool to those whose combination                   from the Department.
                included, in correct sequence, the first three betting    Q. Twin Superfecta Pools
                interests; but if there are no such wagers, then             1. The Twin Superfecta requires selection of the first four
          c. As a single price pool to those whose combination                   finishers, in their exact order, in each of two designated
                included, in correct sequence, the first two betting             contests. Each winning ticket for the first Twin Super-
                interests; but if there are no such wagers, then                 fecta contest must be exchanged for a free ticket on the
                                                                                 second Twin Superfecta contest in order to remain eligi-
                                                                                 ble for the second-half Twin Superfecta pool. Such tickets


Supp. 06-2                                                           Page 80                                                    June 30, 2006
                                                         Arizona Administrative Code                                              Title 19, Ch. 2
                                                         Arizona Racing Commission

         may be exchanged only at attended ticket windows prior                      time shall be provided for exchange of tickets that include
         to the second Twin Superfecta contest. Winning first-half                   the scratched betting interest. If tickets have not been
         Twin Superfecta tickets will receive both an exchange                       exchanged prior to the close of betting for the second
         and a monetary payoff. Both of the designated Twin                          Twin Superfecta contest, the ticket holder forfeits all
         Superfecta contests shall be included in only one Twin                      rights to the second-half Twin Superfecta pool.
         Superfecta pool.                                                      10.   If, due to a late scratch, the number of betting interests in
    2.   After wagering closes for the first half of the Twin Super-                 the second-half of the Twin Superfecta is reduced to
         fecta and commissions have been deducted from the pool,                     fewer than the minimum, all exchange tickets and out-
         the net pool shall then be divided into two separate pools:                 standing first-half winning tickets shall be entitled to the
         the first-half Twin Superfecta pool and the second-half                     second-half Twin Superfecta pool for that contest as a
         Twin Superfecta pool.                                                       single price pool but not the Twin Superfecta carryover.
    3.   In the first Twin Superfecta contest only, winning wagers             11.   If there is a dead heat or multiple dead heats in either the
         shall be determined using the following precedence,                         first- or second-half of the Twin Superfecta, all Twin
         based upon the official order of finish for the first Twin                  Superfecta tickets selecting the correct order of finish,
         Superfecta contest:                                                         counting a betting interest involved in a dead heat as fin-
         a. As a single price pool to those whose combination                        ishing in any dead-heated position, shall be a winner. In
              finished in correct sequence as the first four betting                 the case of a dead heat occurring in:
              interests; but if there are no such wagers, then                       a. The first half of the Twin Superfecta, the payoff
         b. As a single price pool to those whose combination                              shall be calculated as a profit split.
              included, in correct sequence, the first three betting                 b. The second half of the Twin Superfecta, the payoff
              interests; but if there are no such wagers, then                             shall be calculated as a single price pool.
         c. As a single price pool to those whose combination                  12.   If either of the Twin Superfecta contests is cancelled prior
              included, in correct sequence, the first two betting                   to the first Twin Superfecta contest, or the first Twin
              interests; but if there are no such wagers, then                       Superfecta contest is declared “no contest,” the entire
         d. As a single price pool to those whose combination                        Twin Superfecta pool shall be refunded on Twin Super-
              correctly selected the first-place betting interest                    fecta wagers for that contest and the second half shall be
              only; but if there are no such wagers, then                            cancelled.
         e. The entire Twin Superfecta pool shall be refunded                  13.   If the second-half Twin Superfecta contest is cancelled or
              on Twin Superfecta wagers for that contest and the                     declared “no contest,” all exchange tickets and outstand-
              second half shall be cancelled.                                        ing first-half winning Twin Superfecta tickets shall be
    4.   If no first-half Twin Superfecta ticket selects the first four              entitled to the net Twin Superfecta pool for that contest as
         finishers of that contest in exact order, winning ticket                    a single price pool but not the Twin Superfecta carryover.
         holders shall not receive any exchange tickets for the sec-                 If there are no such tickets, the net Twin Superfecta pool
         ond-half Twin Superfecta pool. In such case, the second-                    shall be distributed as described in subsection (Q)(3) of
         half Twin Superfecta pool shall be retained and added to                    the Twin Superfecta rules.
         any existing Twin Superfecta carryover pool.                          14.   The Twin Superfecta carryover may be capped at a desig-
    5.   Winning tickets from the first half of the Twin Superfecta                  nated level approved by the Department so that if, at the
         shall be exchanged for tickets selecting the first four fin-                close of any performance, the amount in the Twin Super-
         ishers of the second half of the Twin Superfecta. The sec-                  fecta carryover equals or exceeds the designated cap, the
         ond-half Twin Superfecta pool shall be distributed to                       Twin Superfecta carryover will be frozen until it is won
         winning wagers in the following precedence, based upon                      or distributed under other provisions of this rule. After
         the official order of finish for the second Twin Superfecta                 the second-half Twin Superfecta carryover is frozen,
         contest:                                                                    100% of the net Twin Superfecta pool for each individual
         a. As a single price pool, including any existing carry-                    contest shall be distributed to winners of the first half of
              over monies, to those whose combination finished in                    the Twin Superfecta pool.
              correct sequence as the first four betting interests;            15.   A written request for permission to distribute the Twin
              but if there are no such tickets, then                                 Superfecta carryover on a specific performance may be
         b. The entire second-half Twin Trifecta pool for that                       submitted to the Department. The request must contain
              contest shall be added to any existing carryover                       justification for the distribution, an explanation of the
              monies and retained for the corresponding second-                      benefit to be derived, and the intended date and perfor-
              half Twin Superfecta pool of the next performance.                     mance for the distribution.
    6.   If a winning first-half Twin Superfecta ticket is not pre-            16.   Should the Twin Superfecta carryover be designated for
         sented for cashing and exchange prior to the second-half                    distribution on a specified date and performance, the fol-
         Twin Superfecta contest, the ticket holder may still col-                   lowing precedence will be followed in determining win-
         lect the monetary value associated with the first-half                      ning tickets for the second half of the Twin Superfecta
         Twin Superfecta pool but forfeits all rights to any distri-                 after completion of the first half of the Twin Superfecta:
         bution of the second-half Twin Trifecta pool.                               a. As a single price pool to those whose combination
    7.   Coupled entries and mutuel fields shall be prohibited in                          finished in correct sequence as the first four betting
         Twin Superfecta contests.                                                         interests; but if there are no such wagers, then
    8.   Should a betting interest in the first half of the Twin                     b. As a single price pool to those whose combination
         Superfecta be scratched, those Twin Superfecta tickets                            included, in correct sequence, the first three betting
         including the scratched betting interest shall be refunded.                       interests; but if there are no such wagers, then
    9.   Should a betting interest in the second half of the Twin                    c. As a single price pool to those whose combination
         Superfecta be scratched, an announcement concerning                               included, in correct sequence, the first two betting
         the scratch shall be made and a reasonable amount of                              interests; but if there are no such wagers, then




June 30, 2006                                                        Page 81                                                          Supp. 06-2
Title 19, Ch. 2                                          Arizona Administrative Code
                                                         Arizona Racing Commission

          d.   As a single price pool to those whose combination                    contests. Each winning ticket for the first Grand Slam
               correctly selected the first-place betting interest                  contest must be exchanged for a free ticket on the second
               only; but if there are no such wagers, then                          Grand Slam contest in order to remain eligible for the
         e. As a single price pool to holders of valid exchange                     second contest share of the Grand Slam pool. Such tickets
               tickets.                                                             may be exchanged only at attended ticket windows prior
         f. As a single price pool to holders of outstanding first-                 to the second Grand Slam contest. Winning Grand Slam
               half winning tickets.                                                tickets on the first race shall receive both an exchange
     17. Contrary to subsection (Q)(4) of the Twin Superfecta                       and a monetary payoff. Each winning ticket for the sec-
         rules, during a performance designated to distribute the                   ond Grand Slam contest must be exchanged for a free
         Twin Superfecta carryover, exchange tickets will be                        ticket on the third Grand Slam Contest in order to remain
         issued for those combinations selecting the greatest num-                  eligible for the third contest share of the Grand Slam
         ber of betting interests in their correct order of finish for              pool. Such tickets must be exchanged only at attended
         the first-half of the Twin Superfecta. If there are no                     ticket windows prior to the third Grand Slam contest.
         wagers correctly selecting the first-, second-, third-, and                Winning tickets on the second race shall receive both an
         fourth-place finishers, in their exact order, then exchange                exchange and a monetary payoff. The three designated
         tickets shall be issued for combinations correctly select-                 Grand Slam contests shall be included in only one Grand
         ing the first-, second-, and third-place betting interests. If             Slam pool.
         there are no wagers correctly selecting the first-, second-,          2.   After wagering closes for the first contest of the Grand
         and third-place finishers, in their exact order, then                      Slam and commissions have been deducted from the
         exchange tickets shall be issued for combinations cor-                     pool, the net pool shall be divided into three separate
         rectly selecting the first- and second-place betting inter-                pools: the first contest pool (25%), the second contest
         ests. If there are no wagers correctly selecting the first-                pool (25%), and the third contest pool (50%).
         and second-place finishers, in their exact order, then                3.   In the first Grand Slam contest only, winning wagers
         exchange tickets shall be issued for combinations cor-                     shall be determined using the following precedence,
         rectly selecting the first-place betting interest only. If                 based upon the official order of finish for the first Grand
         there are no wagers selecting the first-place betting inter-               Slam contest:
         est only in the first half of the Twin Superfecta, all first-              a. If contestants of a coupled entry or mutuel field fin-
         half tickets will become winners and will receive 100%                           ish as the first two finishers, as a single price pool to
         of that day’s net Twin Superfecta pool and any existing                          those selecting the coupled entry or mutuel field
         Twin Superfecta carryover as a single price pool.                                combined with the next separate betting interest in
     18. The Twin Superfecta carryover shall be designated for                            the official order of finish; otherwise
         distribution on a specified date and performance only                      b. As a single price pool to those whose combination
         under the following circumstances:                                               finished in correct sequence as the first two betting
         a. Upon written approval from the Department as pro-                             interests; but if there are no such wagers, then
               vided in subsection (Q)(15) of the Twin Superfecta                   c. As a profit split to those whose combination
               rules.                                                                     included either the first-place betting interest to fin-
         b. Upon written approval from the Department when                                ish first or the second-place betting interest to finish
               there is a change in the carryover cap or when the                         second; but if there are no such wagers on one of
               Twin Superfecta is discontinued.                                           those two finishers, then
         c. On the closing performance of the meet or split                         d. As a single price pool to those whose combination
               meet.                                                                      included the one covered betting interest to finish
     19. If, for any reason, the Twin Superfecta carryover must be                        first or second.
         held over to the corresponding Twin Superfecta pool of a              4.   Winning tickets from the first contest of the Grand Slam
         subsequent meet, the carryover shall be deposited in an                    shall be exchanged for tickets selecting the first three fin-
         interest-bearing account approved by the Department.                       ishers of the second contest of the Grand Slam. The sec-
         The Twin Superfecta carryover plus accrued interest shall                  ond contest pool shall be distributed to winning wagers in
         then be added to the second-half Twin Superfecta pool of                   the following precedence, based upon the official order of
         the following meet on a date and performance so desig-                     finish for the second Grand Slam contest:
         nated by the Department.                                                   a. As a single price pool to those whose combination
     20. Providing information to any person regarding covered                            finished in correct sequence as the first three betting
         combinations, amounts wagered on specific combina-                               interests; but if there are no such wagers, then
         tions, number of tickets sold, or number of valid                          b. The entire pool for the second and third contests
         exchange tickets is prohibited. This shall not prohibit                          shall be added to any existing carryover monies and
         necessary communications between totalisator and pari-                           retained for the third contest pool of the next perfor-
         mutuel department employees for processing of pool                               mance.
         data.                                                                 5.   Winning tickets for the second contest of the Grand Slam
     21. The permittee must obtain written approval from the                        shall be exchanged for tickets selecting the first four fin-
         Department concerning the scheduling of Twin Super-                        ishers of the third contest of the Grand Slam. The third
         fecta contests, the percentages of the net pool added to                   contest pool and any existing carryover monies shall be
         the first-half pool and second-half pool, and the amount                   distributed to winning wagers in the following prece-
         of any cap to be set on the carryover. Any changes to the                  dence, based upon the official order of finish for the third
         approved Twin Superfecta format require prior approval                     Grand Slam contest:
         from the Department.                                                       a. As a single price pool to those whose combination
R.   Grand Slam Pools                                                                     finished in correct sequence as the first four betting
     1. The Grand Slam requires selection of the Exacta, Tri-                             interests; but if there are no such wagers, then
         fecta, and Superfecta, respectively, in three consecutive


Supp. 06-2                                                           Page 82                                                       June 30, 2006
                                                          Arizona Administrative Code                                              Title 19, Ch. 2
                                                          Arizona Racing Commission

          b.    The entire pool for the third contest shall be added to              a.   As a single price pool to those whose combination
                any existing carryover monies and retained for the                        finished in correct sequence as the first three betting
                corresponding third contest pool of the next perfor-                      interests; but if there are no such wagers, then
                mance.                                                              b. As a single price pool to those whose combination
    6.    If a winning Grand Slam ticket is not presented for cash-                       included, in correct sequence, the first two betting
          ing and exchange prior to the next Grand Slam contest,                          interests; but if there are no such wagers, then
          the ticket holder may still collect the monetary value                    c. As a single price pool to those whose combination
          associated with the corresponding pool but forfeits all                         correctly selected the first-place betting interest
          rights to any distribution of subsequent Grand Slam                             only; but if there are no such wagers, then
          pools.                                                                    d. As a single price pool to all holders of third-race
    7.    Coupled entries and mutuel fields shall be prohibited in                        tickets.
          the second and third races of the Grand Slam.                         15. If there were no winning wagers in the second race of the
    8.    Should a betting interest in the first contest of the Grand               Grand Slam on the last day of the race meeting, the per-
          Slam be scratched, those Grand Slam wagers including                      mittee shall distribute the second-race pool and any exist-
          the scratched betting interest shall be refunded.                         ing carryover monies equally among the holders of
    9.    Should a betting interest in the second or third contests of              exchange tickets selecting the finishing contestants in the
          the Grand Slam be scratched, an announcement concern-                     second race. The net pool shall be distributed to winning
          ing the scratch shall be made and a reasonable amount of                  wagers in the following precedence, based upon the offi-
          time shall be provided for exchange of tickets that include               cial order of finish:
          the scratched betting interest. If tickets have not been                  a. As a single price pool to those whose combination
          exchanged prior to the close of betting for the corre-                          included, in correct sequence, the first two betting
          sponding contest, the ticket holder forfeits all rights to the                  interests; but if there are no such wagers, then
          remainder of the Grand Slam pool.                                         b. As a single price pool to those whose combination
    10.   If there is a dead heat or multiple dead heats in any of the                    correctly selected the first-place betting interest
          contests of the Grand Slam, all Grand Slam wagers                               only; but if there are no such wagers, then
          selecting the correct order of finish, counting a betting                 c. As a single price pool to all holders of second-race
          interest involved in a dead heat as finishing in any dead-                      tickets.
          heated position, shall be winners. Contrary to the usual              16. If there were no winning wagers in the first race of the
          practice, the aggregate number of winning tickets shall be                Grand Slam on the last day of the race meeting, the per-
          divided into the net pool and paid the same price.                        mittee shall distribute the first-race pool and any existing
    11.   If any of the Grand Slam contests are cancelled prior to                  carryover monies as a profit split to the holders of tickets
          the first Grand Slam contest, or the first Grand Slam con-                selecting either the first-place finisher to finish first or the
          test is declared “no contest,” the entire Grand Slam pool                 second-place finisher to finish second. If there were still
          shall be refunded on Grand Slam wagers for that contest                   no winning wagers in the first race of the Grand Slam,
          and the remaining Grand Slam contests shall be can-                       such monies shall be distributed to all ticket holders.
          celled. Any existing carryover monies pursuant to sub-                17. Grand Slam tickets shall be issued in multiples of $1.00.
          sections (R)(4) and (5) of this rule shall carryover to the
                                                                                                      Historical Note
          next consecutive racing program of that meeting.
                                                                                Adopted effective October 21, 1993, under an exemption
    12.   If the second contest of the Grand Slam is canceled or
                                                                                    from the Administrative Procedure Act pursuant to
          declared “no contest,” or if less than three contestants fin-
                                                                                 A.R.S. § 41-1005(A)(18) (Supp. 93-4). Amended effec-
          ish, the second contest pool of the Grand Slam shall be
                                                                                  tive November 16, 1993, under an exemption from the
          distributed equally among holders of second contest
                                                                                  Administrative Procedure Act pursuant to A.R.S. § 41-
          Grand Slam exchange tickets, and the third-contest pool
                                                                                   1005(A)(18); inadvertently omitted from Supp. 93-4
          of the Grand Slam shall carryover to the third-contest
                                                                                (Supp. 94-2). Typographical corrections made to subsec-
          pool of the next performance.
                                                                                 tions (F)(6), (P)(3)(d), and (P)(21) (Supp. 94-4). R19-2-
    13.   If the third contest of the Grand Slam is canceled or
                                                                                 523 recodified from R4-27-523 (Supp. 95-1). Amended
          declared “no contest” before the second contest has been
                                                                                  effective July 3, 1996 (Supp. 96-3). Amended effective
          made official but after the first contest (pursuant to sub-
                                                                                     September 17, 1997, under an exemption from the
          section (R)(11) of this rule), that racing day’s third-con-
                                                                                  Administrative Procedure Act pursuant to A.R.S. § 41-
          test pool shall be distributed equally among holders of
                                                                                      1005(A)(18) (Supp. 97-3). Amended by exempt
          second-contest Grand Slam exchange tickets. If the third
                                                                                 rulemaking at 6 A.A.R. 786, effective February 1, 2000
          contest of the Grand Slam is cancelled or declared “no
                                                                                                        (Supp. 00-1).
          contest” after the second contest has been made official,
          that racing day’s third contest shall be distributed equally          ARTICLE 6. STATE BOXING ADMINISTRATION
          among holders of the third-contest Grand Slam exchange
          tickets. In such instance, no carryover pool would be gen-       R19-2-601.      Definitions
          erated from that racing day.                                     The following terms apply to this Article:
    14.   If no distribution is made pursuant to subsection (R)(5)(a)           1. “Annual bond” means the cash or surety bond, required
          of this rule, on the last day of the race meeting the permit-             under A.R.S. § 5-228(E), to be deposited with the Depart-
          tee shall distribute the third-race pool and any existing                 ment by a promoter as a prerequisite for a promoter’s
          carryover monies equally among the holders of exchange                    license.
          tickets selecting the finishing contestants in the third race.        2. “Commission” means the Arizona State Boxing Commis-
          The net pool shall be distributed to winning wagers in the                sion.
          following precedence, based upon the official order of                3. “Department” means the Arizona Department of Racing.
          finish:                                                               4. “Event bond” means the cash or surety bond, authorized
                                                                                    under A.R.S. § 5-229(B), which the Commission may



June 30, 2006                                                         Page 83                                                           Supp. 06-2
Title 19, Ch. 2                                         Arizona Administrative Code
                                                        Arizona Racing Commission

          require a promoter to deposit with the Department before      D.   Ticket accounting and fee payment. Representatives of the
          each contest.                                                      promoter and Department shall meet within 10 days of an
     5.   “Gross receipts” means all receipts from the face value            event to account for all tickets sold and pay the required tax. If
          of tickets sold. A.R.S. § 5-104.02(E)                              required by the Department, the promoter shall provide an
     6.   “Ticket agent” means a person authorized by a promoter             accounting by each ticket vendor.
          to print tickets.                                                  1. The promoter shall provide the Department with the fol-
     7.   “Ticket vendor” means a person authorized by a promoter                 lowing information on a Department form:
          to sell tickets.                                                        a. The number of tickets sold and unsold in each price
     8.   “Tickets issued” means all tickets printed for an event.                     category;
                                                                                  b. The amount of the gross receipts calculated using
                         Historical Note
                                                                                       the printed price on each ticket sold;
       New Section recodified from Section R4-3-415 at 5
                                                                                  c. The signature of the promoter, certifying that the
     A.A.R. 1175, April 23, 1999 (Supp. 99-2). Amended by
                                                                                       information is true and correct.
     final rulemaking at 7 A.A.R. 805, effective January 18,
                                                                             2. The Department shall consider as sold any tickets listed
                       2001 (Supp. 01-1).
                                                                                  on a manifest as issued and not physically presented to
R19-2-602.     Notice to the Department                                           the Department by the promoter as unsold.
A. The Commission shall notify the Department in writing not                 3. The promoter shall pay the Department 4% of the gross
    more than two business days after approving the date of a                     receipts after the deduction of city, state, and federal
    event. The Commission shall also notify the Department                        taxes, of the match or exhibition.
    immediately if any change in the scheduled event occurs.                                     Historical Note
B. The Commission shall provide copies of all contracts to the                 New Section recodified from Section R4-3-417 at 5
    Department, if requested.                                                A.A.R. 1175, April 23, 1999 (Supp. 99-2). Amended by
                         Historical Note                                     final rulemaking at 7 A.A.R. 805, effective January 18,
       New Section recodified from Section R4-3-416 at 5                                       2001 (Supp. 01-1).
     A.A.R. 1175, April 23, 1999 (Supp. 99-2). Amended by               R19-2-604.       Annual Bond, Event Bond, Claims
     final rulemaking at 7 A.A.R. 805, effective January 18,
                                                                        A. Annual bond.
                       2001 (Supp. 01-1).
                                                                            1. A promoter shall deposit the annual bond with the
R19-2-603.       Ticket Manifest, Collection, Accounting                         Department no later than weigh-in for the first event pro-
A. General requirements.                                                         moted.
    1. A promoter shall provide the Department with:                        2. Upon receipt of written notice from the Commission that
         a. A ticket manifest from each ticket agent no later                    a promoter’s obligations for all events during the calendar
              than weigh-in. The manifest shall be accompanied                   year are satisfied, the Department shall release the pro-
              by a signed affidavit from the ticket agent or the                 moter from the annual bond responsibility for that year.
              ticket agent’s designee, certifying that the manifest     B. Event bond.
              is accurate and complete. The manifest shall list the         1. The Commission shall notify the Department in writing
              total number of tickets issued and the number of                   of the amount of an event bond and deposit the bond with
              tickets in each price category.                                    the Department no later than the weigh-in for the event.
         b. If tickets issued are sold through a computerized                    The Department shall retain the event bond until notice is
              system that does not lend itself to a manifest, an                 received from the Commission that the promoter has sat-
              accounting from each ticket agent of the total num-                isfied all obligations concerning the bond guarantee.
              ber of tickets in each price category. The accounting         2. Upon receipt of written notice from the Commission that
              shall be accompanied by a signed affidavit from the                the promoter’s obligations for an event are satisfied, the
              ticket agent or the ticket agent’s designee, certifying            Department shall return the bond to the promoter.
              that the accounting is accurate and complete.                 3. If an event is not held, the Commission shall notify the
    2. The ticket price shall be clearly printed on each ticket and              Department, not later than 22 business days after the
         ticket stub.                                                            scheduled event, whether the promoter’s obligations for
    3. A promoter shall ensure that tickets are distributed only                 the event have been satisfied and whether the promoter’s
         through ticket vendors specified by the promoter.                       event bond can be returned.
    4. The Commission shall, upon request, provide the Depart-          C. Department claim. The Department shall notify:
         ment with the names and contract information for all               1. A promoter by registered or certified mail, return receipt
         ticket agents and vendors.                                              requested, that:
B. Reduced price tickets. A promoter shall ensure that tickets                   a. The unpaid tax on gross receipts shall be paid within
    sold for less than the printed price are plainly overstamped                       10 business days from receipt of the notice; and
    with the actual price charged on the printed face of the ticket              b. If the payment is not received within the 10 business
    and ticket stub.                                                                   days, forfeiture proceedings against the bond may be
C. Complimentary tickets. A promoter shall ensure that:                                initiated based on the Department’s determination of
    1. The total number of complimentary tickets does not                              whether a promoter’s obligations have been faith-
         exceed 2% of the total number of tickets issued for the                       fully performed.
         event or 75 whichever is greater, as specified under               2. The Commission if a promoter fails to pay the required
         A.R.S. § 5-104.02(D).                                                   tax on gross receipts.
    2. Complimentary tickets in excess of the greater value of          D. The Department shall not release any bond for which a claim
         2% or 75 are treated as noncomplimentary.                          is pending.
    3. Complimentary tickets and ticket stubs are punched or                                    Historical Note
         stamped “complimentary.”                                               New Section recodified from Section R4-3-418 at 5
                                                                                A.A.R. 1175, April 23, 1999 (Supp. 99-2). Section


Supp. 06-2                                                         Page 84                                                      June 30, 2006
                                                     Arizona Administrative Code                                         Title 19, Ch. 2
                                                     Arizona Racing Commission

      repealed; new Section adopted by final rulemaking at 7              bered from R19-2-610 and amended by final rulemaking
       A.A.R. 805, effective January 18, 2001 (Supp. 01-1).               at 7 A.A.R. 805, effective January 18, 2001 (Supp. 01-1).
R19-2-605.      License Fees                                         R19-2-607.      Repealed
A. The Commission shall forward license fees to the Department
                                                                                               Historical Note
    within five business days of receipt with the following infor-
                                                                             New Section recodified from Section R4-3-421 at 5
    mation:
                                                                             A.A.R. 1175, April 23, 1999 (Supp. 99-2). Section
    1. The type of license issued;
                                                                           repealed by final rulemaking at 7 A.A.R. 805, effective
    2. The name and date of birth of the licensee;
                                                                                       January 18, 2001 (Supp. 01-1).
    3. The license number; and
    4. The date and amount of payment received.                      R19-2-608.      Repealed
B. The Commission shall retain a current list of the licenses
    issued and the additional applicable licensing information and                             Historical Note
    make the information available to the Department.                        New Section recodified from Section R4-3-422 at 5
                                                                             A.A.R. 1175, April 23, 1999 (Supp. 99-2). Section
                         Historical Note                                   repealed by final rulemaking at 7 A.A.R. 805, effective
       New Section recodified from Section R4-3-419 at 5                               January 18, 2001 (Supp. 01-1).
     A.A.R. 1175, April 23, 1999 (Supp. 99-2). Former Sec-
    tion R19-2-605 repealed; new Section R19-2-605 renum-            R19-2-609.      Renumbered
    bered from R19-2-609 and amended by final rulemaking                                      Historical Note
    at 7 A.A.R. 805, effective January 18, 2001 (Supp. 01-1).               New Section recodified from Section R4-3-423 at 5
R19-2-606.       Fines                                                       A.A.R. 1175, April 23, 1999 (Supp. 99-2). Section
A. The Commission shall notify the Department in writing if a                renumbered to R19-2-605 by final rulemaking at 7
    licensee is issued a fine.                                              A.A.R. 805, effective January 18, 2001 (Supp. 01-1).
B. The Commission shall immediately forward the fine payment         R19-2-610.      Renumbered
    to the Department.
                                                                                              Historical Note
                        Historical Note                                     New Section recodified from Section R4-3-424 at 5
       New Section recodified from Section R4-3-420 at 5                     A.A.R. 1175, April 23, 1999 (Supp. 99-2). Section
     A.A.R. 1175, April 23, 1999 (Supp. 99-2). Former Sec-                   renumbered to R19-2-606 by final rulemaking at 7
    tion R19-2-606 repealed; new Section R19-2-606 renum-                   A.A.R. 805, effective January 18, 2001 (Supp. 01-1).




June 30, 2006                                                   Page 85                                                      Supp. 06-2

								
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