# Title 69.5 — Racing Commission, North Dakota

## Article 69.5-01 — North Dakota Racing Commission Rules

## Chapter 69.5-01-04 — Permits and Requirements

### § 69.5-01-04-01. General requirements.

Every license to hold a meeting is granted upon the condition that the licensee shall accept,
observe, and enforce these rules. Furthermore, it is the duty of each officer, director, and every official
and employee of said licensee to observe and enforce these rules.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-02. Commission offices.

Each association shall furnish for the commission's use on the association grounds reasonable
office space for the commission's use. The office shall be accessible to the public. The office must have
appropriate connections for the live and replay capabilities for each race. The office space provided
must include heating, cooling, electricity, a refrigerator, and lighting. A separate private office must be
provided for the stewards to conduct investigations and hearings.
History: Effective July 1, 1989; amended effective January 1, 2008; October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-03. Ejections.

Associations are obligated to honor commission exclusions and to immediately eject any person
found on association grounds who is under exclusion status by the commission and to report same to
the commission. Whenever any association ejects any person from the premises, it shall report the
ejection to the commission.

History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-04. Racing surfaces.

Each racing association shall, as determined by the commission, safety committee, or stewards,
provide the following:
1. Training and racing surfaces whose construction, elevation, and surfaces have received
commission approval as safe and humane; provided, however, that upon proof of economic
hardship and a bona fide effort to comply, exemptions to this section may be granted by the
commission. Application for exemption must be in writing with notice to all interested parties;
2. Adequate and proper equipment to maintain said surfaces;
3. Sufficient trained personnel to properly operate said equipment; and
4. Daily records on the condition of each training and racing surface which must be open for
public inspection.
5. Watering and grooming services to the track before each race. Exemptions may be allowed by
the state steward or safety committee.
History: Effective July 1, 1989; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-05. Racing times.

A permitted association shall conduct horse racing between the hours of nine a.m. and twelve
midnight, unless otherwise authorized by the commission.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-06. Number of races per program.

Unless otherwise permitted by the commission, no association may offer more than twelve races
per program on any one day.
History: Effective July 1, 1989; amended effective April 1, 2024.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-07. First race time approval.

The association shall notify the commission staff of the post time of the first race of each program
for approval.
History: Effective July 1, 1989; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10

### § 69.5-01-04-08. Appointment of racing officials and department heads.

Each association shall submit to the commission at least thirty days prior to the opening day of a
meeting, a complete list of the association racing officials set forth in chapter 69.5-01-03 and
department heads appointed for the meeting. No person may hold any appointment for a race meeting
unless approved by the commission's executive director or state steward after a determination that the
appointee is qualified to perform the appointee's assigned duties, and is not prohibited by any law or
rule of this state from participating in racing.
History: Effective July 1, 1989; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-09. Horsemen's bookkeeper.

1. Each association shall maintain a separate bank account, to be known as the "horsemen's
account", with at all times sufficient funds in such account to pay all money owing to horsemen
in regard to purses, stakes, rewards, claims, and deposits. Deposits and withdrawals from this
account are at all times subject to audit by the commission, and the horsemen's bookkeeper in
charge of such account must be bonded in an amount determined by the commission.
2. All portions of purse money must be made available to earners thereof within forty-eight hours,
Sundays excluded, after the result of the race in which such money was earned has been
declared official; except, however, when the stewards or commission shall order money
withheld until final adjudication of a dispute determining which persons are entitled to such
money in dispute.
3. No portion of purse money other than jockey fees may be deducted by the association for
itself or for another, unless so requested in writing by the person to whom such purse moneys
are payable, or such person's duly authorized representative. Irrespective of whether
requested, the horsemen's bookkeeper shall mail to each owner a duplicate of each record of
a deposit, withdrawal, or transfer of funds affecting such owner's racing account at the close of
each race meeting.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-10. Condition book.

The association, at least sixty days prior to the opening of each meeting, shall furnish to the
commission a copy of its first condition book for approval by the executive director of the commission.
Additional condition books or sheets must be furnished to the commission as soon as published. All
changes to the condition book must be approved either by the executive director of the commission or
the state steward.
History: Effective July 1, 1989; amended effective October 1, 2022; April 1, 2024.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-11. Photo finish equipment.

Each association shall utilize photo finish equipment to assist the stewards in determining the order
of finish of every race.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10

Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-12. Video equipment.

Every association shall furnish for each race a complete video recording of the race. The
equipment and video must be of a reliability and quality approved by the commission and capable of
replay within one minute after the end of any race. The association shall safeguard the videos of any
race in which there were lodged objections, inquiries, or reports of accidents for one year from the date
of the race and make such videos available for inspection by officials of the association and the
commission.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-13. Photograph posted.

At least one photograph or image of the finish of each race must be posted conspicuously and
promptly after each race.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-14. Starting gate.

A starting gate approved by the commission must be used in starting all races. Each association
shall maintain at least one operable starting gate during racing hours. The association shall also make
at least one starting gate, along with adequate personnel, available for schooling for two hours each
day during training hours, exclusive of nonrace days.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-15. Distance poles.

Each association shall maintain distance poles as follows:
1/4 poles Red and white
1/8 poles Green and white
1/16 poles Black and white
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-16. Detention enclosure.

Each association shall provide and maintain a designated detention area or enclosure for use by
the commission in securing from horses that have run a race, samples of hair, urine, saliva, blood, or
other bodily substances or tissues for chemical analysis. The enclosure must include a wash rack,
commission veterinarian office, a walking ring, and a sufficient number of stalls each equipped with a
window sufficiently large to allow the taking of the samples to be witnessed from outside the stall.
History: Effective July 1, 1989; amended effective January 1, 2008; October 1, 2022; April 1, 2024.

General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-17. Grounds' facilities, water, and sewage.

1. Each association shall provide and maintain adequate and sanitary drinking water and toilets
for all licensees, patrons, and other persons invited to the track.
2. When a race meeting is in progress, or scheduled for opening, the association shall provide
systematic and effective insect control against flies, mosquitos, and other insects at all times.
3. Each association shall ensure that horses are stabled in individual box stalls with separate
feeding and watering facilities; that the stables and immediate surrounding area are always
maintained in approved sanitary condition at all times; that satisfactory drainage is provided;
and that manure and other refuse is kept in separate boxes or containers at locations distant
from living quarters and promptly and properly removed.
4. Management is responsible that paddocks, starting gates, and other equipment subjected to
contact by different animals be kept in a clean condition and free of dangerous surfaces.
5. Management shall provide isolation facilities for horses ordered isolated by the association or
commission veterinarian. Approved sanitary measures must be instituted in cooperation with
the state livestock sanitary board, and the commission must be kept informed.
6. Each association shall provide a conveniently located receiving area for the use of arriving
horses during the meeting. The area may have adequate stable room and facilities, hot and
cold water, and stall bedding. The association shall employ attendants to operate and
maintain, in clean and healthy condition, the receiving area.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-18. Safety and medical aid.

Each association shall maintain on the grounds during every day that its track is open for racing or
exercising, an ambulance for humans, equipped according to prevailing standards and manned by
medical doctors, paramedics, or other personnel trained to operate them.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-19. Helmets.

The association may not allow any person to exercise any horse on association grounds unless
that person is wearing a protective helmet of a type approved by the commission.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-20. Fire protection.

The association, in accordance with applicable state fire codes, shall prohibit, for the protection of
persons and property from fire damage, the following:
1. Smoking in horse stalls, feed rooms, and under the sheds.

2. Sleeping in feed rooms or stalls.
3. Open fires and oil or gasoline burning lanterns or lamps in the stable area.
4. Leaving electrical appliances unattended or in unsafe proximity to walls, beds, or furnishings.
5. Keeping inflammable materials, including cleaning fluids or solvents, in the stable area.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-21. Stable and ground security.

Each association shall secure the peaceful use of its grounds and stable areas to licensees and
prohibit the use of the grounds to persons not authorized by license or invitation of the association. In
this regard, the following rules apply:
1. The stable area must be properly fenced as defined by the commission and admission to the
stables permitted only in accordance with the rules of the commission. No person may be
admitted to the stable area except:
a. Licensees whose duties require them to be in the area and who are wearing a
photographic identity badge issued by the commission and recorded in a permanent
record maintained by the commission.
b. Temporary passholders.
(1) A temporary written pass will be issued by the chief of security or the chief of
security's designee for the stable area, for a maximum period of forty-eight hours
and a copy of the pass will be retained by the chief of track security. The form of the
temporary pass must be approved by the commission.
(2) A temporary pass is available only to guests of the association or the commission.
The term "guests" does not include any person brought to the stable area for the
purpose of working in any capacity requiring a commission license except for the
individuals who deliver and accompany horses to association premises on nights
and weekends when the commission offices for regular licensing are closed.
(3) A temporary pass to enter the stable area is not an occupational license and does
not permit the holder to enter a horse in a race or in any other way participate in
racing.
(4) A temporary pass must contain at least:
(a) The bearer's name, address, and employer;
(b) The bearer's signature;
(c) The date and time of issuance;
(d) The date and time of expiration;
(e) The reason for issuing the pass;
(f) The signature of the chief of security or the chief of security's designee; and
(g) A pass number showing the sequence in which the pass was issued.

2. The association through its own employees or persons retained by the association shall
maintain twenty-four-hour-a-day security service throughout the stable enclosure during the
time horses occupy the grounds, employing such electronic, telephonic, television, and human
guard personnel as are required to adequately police the grounds. Upon request, the
association shall furnish to the commission a list of personnel employed in security services,
giving for each such person, the person's address, employer, employer address, duties, duty
station, and areas supervised.
3. The director of security of each association shall submit to the stewards a written report
describing every arrest or completed incident of security investigation or real or suspected rule
violation including with each such person mentioned as charged in the report, the person's
name, the charges against such person, and such person's present whereabouts.
4. Each association shall maintain current records relating to security in permanent form
available for commission inspection for a period of two years from the completion of the record
and shall provide at the commission's request such additional information related to track
security as the commission may require. All such records must be governed by open record
provisions of state law.
5. A person may not smoke in a stall, barn, or an area where feed is kept on the grounds of
association property.
6. A person may not permit a dog or other animal other than approved horses to enter the stable
area of an association during the progress of a race meeting. Exceptions may be authorized
by the commission safety committee, chief steward, state veterinarian, executive director, or
as authorized by law.
History: Effective July 1, 1989; amended effective October 1, 2022.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-22. Electric timing device.

Any electric timing device used by the association must be approved by the commission.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
### § 69.5-01-04-23. Judge's communication.

The association shall provide adequate communication between the stewards and each judge's
station and necessary track officials.
History: Effective July 1, 1989.
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04, 53-06.2-05, 53-06.2-10
