# Title 69.5 — Racing Commission, North Dakota

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

## Chapter 69.5-01-07 — Conduct of Races

### § 69.5-01-07-01. Horses ineligible.

A horse is ineligible to start a race when:
1. The horse is not stabled on the grounds of the licensed association or facilities approved by
the association at least forty-eight hours prior to the race except for ship-ins on race day.
Ship-in horses shall be in their assigned stall on the day they are scheduled to race. The
racing association must have designated ship-in stalls and must provide the commission
veterinarian with stalls assigned prior to nine a.m. All ship-in horses will be subject to prerace
examinations by the commission veterinarian at their assigned stalls between nine a.m. and
eleven a.m.;
2. The horse's applicable horsemen's organization registration certificate is not on file with the
racing secretary, horse identifier, or digital certificate available in the jockey club database;
3. The horse is not fully identified by an official tattoo on the inside of the upper lip or through a
digital tattoo or chip, or any other approved method;
4. With respect to a horse who is entered for the first time, the nominator has failed to identify the
horse by name, color, sex, age, and the names of his sire and dam as registered;
5. A horse is brought to the paddock and is not in the care of and saddled by a trainer or
assistant trainer;
6. A horse has been knowingly entered or raced in any jurisdiction under a different name, with
an altered registration certificate or altered lip tattoo by a person having lawful custody or
control of the horse for the purpose of deceiving any association or regulatory agency;
7. A horse has been allowed to enter or start by a person having lawful custody or control of the
horse who participated in or assisted in the entry of racing of some other horse under the
name of the horse in question;

8. A horse is wholly or partially owned by a disqualified person or a horse is under the direct or
indirect management of a disqualified person;
9. A horse is wholly or partially owned by the spouse of a disqualified person or a horse is under
the direct or indirect management of the spouse of a disqualified person, in such cases, it
being presumed that the disqualified person and spouse constitute a single financial entity
with respect to the horse, which presumption may be rebutted;
10. A horse has no current negative coggins test certificate attached to the registration certificate;
11. The stakes or entrance money for the horse has not been paid;
12. A horse appears on the starter's list, stewards' list, or veterinarian's list;
13. A horse is a first-time starter and not approved by the starter;
14. A horse is owned in whole or in part by an undisclosed person or interest;
15. A horse which has started in a race within the past calendar year which race has not been
reported in a nationally published monthly chart book, unless at least forty-eight hours prior to
entry, the owner of the horse provides to the racing secretary under oath performance records
which show the place and date of the race, the distance, the weight carried, the amount
carried, and the horse's finishing position and time;
16. In a stakes race, a horse has been transferred with its engagements, unless, prior to the start,
the fact of transfer of the horse and its engagements has been filed with the racing secretary;
17. A horse is subject to a lien which has not been approved by the stewards and filed with the
horseman's accountant;
18. A horse seven years of age or older and still a maiden;
19. A horse is subject to a lease not filed with the stewards;
20. A horse is not in sound racing condition;
21. A horse has been nerved by surgical neurectomy except in the case of heel nerves upon
veterinarian approval, or cryosurgery;
22. A horse has been trachea-tubed to artificially assist its breathing;
23. A horse has been blocked with alcohol or otherwise drugged to desensitize the nerves above
the ankle;
24. A horse has impaired eyesight in both eyes; or
25. When it is thirteen years old unless it wins a recognized race each preceding year in which
case it may continue to race.
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
### § 69.5-01-07-02. Entries.

1. Filing. The association shall provide forms for making entries and declarations with the racing
secretary. Entries and declarations shall be in writing, or by telephone or other electronic
communication subsequently confirmed in writing by the owner, trainer, or authorized agent.
When any entrant or nominator claims failure or error in the receipt by an association of any

entry or declaration, such entrant or nominator may be required to submit evidence within a
reasonable time of the filing of the entry or the declaration.
2. Posting. Upon the closing of entries, the racing secretary shall promptly compile a list of
entries and cause it to be conspicuously posted.
3. Coupling.
a. Entry coupling. When one or more horses entered in a race have a common owner, the
horses must be coupled as an entry. However, a trainer may enter two horses, separately
owned, for wagering purposes. One of the horses must be preferred. If the race overfills,
only one may start. If the race does not overfill, both horses may start and run as
separate betting interest. Except in time trials and stakes races, there is no limit on the
number of horses a single owner or trainer may run in that race and all entrants may race
uncoupled with the steward's permission for wagering purposes. If an infraction occurs
where, in the opinion of the stewards, the act which led to the disqualification served to
unduly benefit the owner or trainer of the other entrant, the stewards may, at their
discretion, disqualify the other parts of the owned or trained entrants.
b. Coupled entries prohibited. Coupled entries may not be permitted to race on any
program in a race which is part of a daily double.
c. Coupling of entries by stewards. The stewards shall couple as a single entry any horses
which, in the determination of the stewards are connected by common ownership or by a
common trainer or when the stewards determine that coupling is necessary in the
interest of the regulation of the pari-mutuel racing industry or necessary to the public
confidence in racing.
d. Coupled entry excluding others. A coupled entry may not be permitted to enter or start if
the effect of the entry is to deprive an uncoupled single entry horse from starting.
4. Splitting of a race. If a race is canceled and declared off for insufficient entries, the
association may split the list of entries for any other overnight race to provide an additional
race to replace the one canceled. The racing secretary shall by lot divide the entries of the
race so split into two different races.
5. Entry weight. Owners, trainers, or any person duly authorized by either who enter a horse for
a race shall ensure that the entry is correct and accurate as to the weight allowances available
and claimed for the horse under the conditions set for the race. After a horse is entered and
has been assigned a weight to carry in the race, the assignment of weight may not be
changed except in the case of error.
6. Horses run once daily. No horse may be entered for more than one race on the same day on
which pari-mutuel wagering is conducted.
7. Foreign entries. For the purposes of determining eligibility, weight assignments, or
allowances for horses imported from a foreign nation, the racing secretary shall take into
account the "European Pattern Race Book" published jointly by the Irish turf club, the jockey
club of Great Britain, and the societe d'encouragement.
110 yards = 100 meters
1 furlong = 200 meters
1 mile = 1,600 meters

8. Weight conversions. For the purposes of determining eligibility, weight assignments, or
allowances for horses imported from a foreign nation, the racing secretary shall convert metric
distances to English measures by reference to the following scale:
9. Name. The "name" of a horse means the name reflected on the certificate of registration or
racing permit or temporary racing permit issued by the applicable horsemen's organization.
Imported horses shall have a suffix, enclosed by brackets, added to their registered names
showing the country of foaling. This suffix is derived from the International Code of Suffixes
and constitutes part of the horse's registered name. The registered names and suffixes, where
applicable, must be printed in the official program.
History: Effective July 1, 1989; amended effective January 1, 2008; 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
### § 69.5-01-07-03. Sweepstakes entries.

1. Entry and withdrawal. The entry of a horse in a sweepstakes is a subscription to the
sweepstakes. Before the time of closing, any entry or subscription may be altered or
withdrawn.
2. Entrance money. Entrance money must be paid by the nominator to a race. In the event of
the death of the horse or a mistake made in the entry of an otherwise eligible horse, the
nominator subscriber shall continue to be obligated for any stakes, and the entrance money
may not be returned.
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
### § 69.5-01-07-04. Closing of entries.

1. Overnight entries. Entries for overnight racing must be closed at ten a.m. by the racing
secretary, unless a later closing is established by the racing secretary or unless approved by
the stewards.
a. Sweepstakes entries. If an hour for closing is designated, entries and declarations for
sweepstakes cannot be received thereafter. However, if a time for closing is not
designated, entries and declarations may be mailed or other electronic communication
until midnight of the day of closing, if they are received in time to comply with all other
conditions of the race. In the absence of notice to the contrary, entries and declarations
for sweepstakes which close during or on the day preceding a race meeting shall close at
the office of the racing secretary in accordance with any requirement the racing secretary
shall make. Closing for sweepstakes not during race meetings must be at the office of
the association.
b. Nominations for stakes races do not close nor is any eligibility payment due on a day in
which the United States postal service is not operating.
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
### § 69.5-01-07-05. Prohibited entries.

1. Entry by disqualified person. An entry by a disqualified person or the entry of a disqualified
horse is void. Any money paid for such entry must be returned if the disqualification is

disclosed at least forty-five minutes before post time for the race. Otherwise the entry money
must be paid to the winner.
2. Limited partner entry prohibited. No person other than a managing partner of a limited
partnership or a person authorized by the managing partner may enter a horse owned by that
partnership.
3. Altering entries prohibited. No alteration may be made in any entry after the closing of
entries, but the stewards may permit the correction of an error in an entry.
4. Limitation on overnight entries. If the number of entries to any purse or overnight race is in
excess of the number of horses that may be accommodated due to the size of the track, the
starters for the race and their post positions must be determined by lot conducted in public by
the racing secretary.
5. Stake race entry limit. In a stake race, the number of horses who may compete may be
limited only by the number of horses nominated and entered. In any case, the association's
lawful race conditions govern.
6. Steward's denial of entry. The stewards, after notice to the entrant, subscriber, or nominator,
may deny entry of any horse to a race if the stewards determine the entry to be in violation of
these rules or the laws of this state or to be contrary to the interests of the commission in the
regulation of pari-mutuel wagering or to public confidence in racing.
History: Effective July 1, 1989; amended effective January 1, 2008.
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
### § 69.5-01-07-06. Preference and eligibles.

Each racing association shall provide a preference system before the beginning of each race meet.
1. Eligible-to-start list. A list of names may be drawn from entries for positions available in the
race. These names must be listed as eligible-to-start as originally entered horses are
withdrawn. The order in which these are listed shall become eligible-to-start and their post
positions must be determined by the racing secretary. Any owner, trainer, or authorized agent
who has entered a horse listed as an eligible-to-start and who does not wish to start shall file a
scratch card with the secretary not later than the scratch time designated for that race.
2. Preferred list entrants. In making an entry of a horse on the preferred list, a claim of
preference must be made at the time of entry and noted on the entry form or the preference
will be lost. The preferred list must be posted in a place readily available to all horsemen.
History: Effective July 1, 1989; amended effective January 1, 2008.
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
### § 69.5-01-07-07. Post positions.

Post positions must be determined by the racing secretary publicly and by lot. Post positions must
be drawn from also-eligible entries at scratch time. In all races, horses drawn into the race from the
also-eligible list shall take the outside post positions. In races of four hundred forty yards [400 meters]
or less, horses will move into the post positions of the horses which have been scratched.
History: Effective July 1, 1989; amended effective January 1, 2008.
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

### § 69.5-01-07-08. Scratch - Declaring out.

1. Notification to the secretary. No horse may be considered scratched, declared out, or
withdrawn from a race until the owner, agent, or other authorized person has given notice in
writing to the racing secretary before the time set by the association as scratch time. All
scratches must be approved by the stewards.
2. Declaration irrevocable. Scratching, or the declaration of a horse out of an engagement for a
race, is irrevocable.
3. Limitation on scratches. No horse may be permitted to be scratched from a race if the
horses remaining in the race number less than eight, unless the stewards permit a lesser
number. Where there are more requests to scratch that, if granted, would leave a field less
than eight, the stewards shall determine by lot which entrants may be scratched and permitted
to withdraw from the race. In the case of scratches from races involving daily doubles or
trifecta wagering, eight entries must remain in the race to enable an entrant to voluntarily
scratch.
4. Scratch time. Unless otherwise set by the racing secretary, scratch time, with regard to stake
races, must be at least forty-five minutes before post time, and with regard to other races may
be no later than eight a.m. of the day of the race.
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
### § 69.5-01-07-09. Workouts.

1. When required. No horse may be started unless the horse has raced or has an approved
timed workout satisfactory to the stewards. Such workout must have occurred on the grounds
of a licensed pari-mutuel facility within the previous thirty days. A horse which has not started
for a period of sixty days or more is ineligible to race until it has completed a timed workout
satisfactory to the stewards prior to the day of the race in which the horse is entered. No horse
may be taken onto the track for training or a workout except during hours designated by the
association.
2. Identification. The timer or the stewards may require any licensee to identify a horse in the
licensee's care being worked. The owner, trainer, or jockey may be required to identify the
distance the horse is to be worked and the point on the track where the workout will start.
3. Information dissemination. If the stewards approve such timed workout so as to permit the
horse to run in a race, they shall make it mandatory that this information is furnished to the
public in advance of the race including, but not limited to, the following means:
a. Announcement over the track's public address system;
b. Transmission on the track's message board;
c. Posting in designated conspicuous places in the racing enclosure; and
d. Exhibit on track television monitors at certain intervals if the track has closed circuit
television.
If the workout is published prior to the race in either the daily racing form or the track program,
then it is not necessary to make the announcements set forth in this subsection.

4. Restrictions. No horse may be taken onto the track for training or a workout except during
hours designated by the association.
History: Effective July 1, 1989; amended effective January 1, 2008.
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
### § 69.5-01-07-10. Equipment.

1. Whip and bridle limitations. Unless permitted by the stewards, no whip or substitute for whip
may exceed one pound [.45 kilogram] or thirty inches [762.00 millimeters] and no bridle may
exceed two pounds [.91 kilogram].
2. Equipment change. No licensee may change the equipment used on a horse from that used
in the horse's last race, unless with permission of the paddock judge. No licensee may add
blinkers to a horse's equipment or discontinue their use without the prior approval of the
starter, the paddock judge, and the stewards. In the paddock prior to a race, a horse's tongue
may be tied down with clean bandages, clean gauze, or with a tongue strap.
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
### § 69.5-01-07-11. Racing numbers.

1. Number display. Each horse in a race shall carry a conspicuous saddle cloth number
corresponding to the official number given that horse on the official program.
2. Coupled entries. In the case of a coupled or other entry that includes more than one horse,
each horse in the entry shall carry the same number, with a different distinguishing letter
following the number. As an example, two horses in the same entry must be entered as 1 and
1-A.
3. Field horses. In a combined field of horses, each horse in the field shall carry a separate
number.
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
### § 69.5-01-07-12. Purse money.

1. The amount of purse money earned is credited in United States currency and there may be no
appeal for any loss on the exchange rate at the time of transfer from the United States
currency to that of another country.
2. All purse money must be paid out in its entirety for each race run.
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
### § 69.5-01-07-13. Dead heats.

1. In the event of a dead heat, the prize money will be distributed in equal shares to the owners
of the horses so finishing. In a dead heat finish for first place, each horse must be considered
a winner of the amount of the purse or prize.

2. If a prize includes a cup, plate, or other indivisible prize, owners shall draw lots for the prize in
the presence of at least two stewards.
3. In the event of a dead heat finish for second place (and thereafter), and an objection to the
winner of the race is sustained, the horses in the dead heat must be considered to have run a
dead heat for first place.
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
### § 69.5-01-07-14. Purse money presumption.

The fact that purse money has been distributed prior to the issuance of a laboratory report may not
be deemed a finding that no chemical substance has been administered, in violation of these rules, to
the horse earning such purse money.
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
### § 69.5-01-07-15. Coggins test.

1. Certified required. No horse may be allowed to enter, start, or be stabled on the grounds of
the racing establishment unless a valid negative coggins test certificate is presented.
2. Trainer responsibility. In the event of claims, sales, or transfers, it is the responsibility of the
new trainer to ascertain the validity of the certificate for the horse within twenty-four hours. If
the certificate is either unavailable or invalid, the previous trainer is responsible for any
reasonable cost associated with obtaining a coggins certificate.
3. Positive test reports. Whenever any owner or trainer is furnished a coggins test positive
result that the owner's or trainer's horse has equine infectious anemia (EIA), the horse must
be removed by the owner or trainer from association premises or approved farms within
twenty-four hours of actual notice of the infection to the owner or trainer.
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
### § 69.5-01-07-16. Race procedures.

1. Full weight. Each horse shall carry the full weight assigned for that race from the paddock to
the starting point, and shall parade past the stewards' stand, unless excused by the stewards.
2. Touching and dismounting prohibited. After the horses enter the track, no jockey may
dismount nor entrust the jockey's horse to the care of an attendant unless, because of an
accident occurring to the jockey, the horse, or the equipment, and then only with the prior
consent of the starter. During any delay during which a jockey is permitted to dismount, all
other jockeys may dismount and their horses may be attended by others. After the horses
enter the track, only the hands of the jockey or the assistant starter or an outrider on a lead
pony may touch the horse before the start of the race.
3. Outriders. Two licensed outriders shall be mounted and on duty during racing hours and one
licensed outrider during training hours. They shall be approved by and work under the
direction of the stewards.

4. Jockey injury. If a jockey is seriously injured on the way to the post, the jockey's horse must
be returned to the paddock and a replacement jockey obtained. In such an event both the
injured jockey and the replacement jockey will be paid by the owner.
5. Twelve-minute-parade limit. After entering the track, all horses shall proceed to the starting
post in not more than twelve minutes unless approved by the stewards. After passing the
stewards' stand in parade, the horses may break formation and proceed to the post in any
manner. Once at the post, the horses must be started without unnecessary delay. All horses
shall participate in the parade carrying their weight and equipment from the paddock to the
starting post and any horse failing to do so may be disqualified by the stewards. No lead pony
leading a horse in the parade shall obstruct the public's view of the horse entered in the race
that the lead pony is leading except with permission of the stewards.
6. Striking a horse prohibited. In assisting the start of a race, no person other than the jockey,
the starter, the assistant starter, or the veterinarian shall strike a horse or use any other means
to assist the start.
7. Delays prohibited. No person may obstruct or delay the movement of a horse to the starting
post.
History: Effective July 1, 1989; amended effective January 1, 2008; April 1, 2018.
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
### § 69.5-01-07-16.1. Post to finish.

1. The start
a. The starter shall assure each participant receives a fair start.
b. If the stewards suspect a false start has occurred, the stewards shall post the inquiry sign
and may disqualify the horse, declare it a nonstarter, or take no action.
c. If, when the starter dispatches the field, any door at the front of the starting gate stalls
does not open properly due to a mechanical failure or malfunction or if any action by any
starting personnel directly causes a horse to receive an unfair start, the stewards may
declare the horse a nonstarter.
d. Should a horse, not scratched prior to the start, not be in the starting gate stall thereby
causing it to be left when the field is dispatched by the starter, the horse must be
declared a nonstarter by the stewards.
e. If an accident or malfunction of the starting gate, or other unforeseeable event
compromises the fairness of the race or the safety of race participants, the stewards may
declare individual horses to be nonstarters, exclude individual horses from all parimutuel
pools or declare a "no race".
f. If a race is declared a "no race" the purse must be distributed evenly to all participants or
the funds must be returned to their source. If it is determined funds must be returned:
(1) All funds provided by the commission must be returned to the commission except
when an association returns the funds to that association's purse pool and uses the
funds to fund subsequent races.
(2) Nomination, entry fees, or similar payments by horsemen for eligibility in the race
must be returned to the horsemen.

2. Disqualification
a. If the stewards determine a horse is disqualified for interference, the stewards may place
the offending horse behind such horses as in the stewards' judgment it interfered with, or
the stewards may place it last.
b. If a horse is disqualified for a foul, any horse in the same race owned or trained by the
same interests, whether coupled or uncoupled, also may be disqualified.
c. When a horse is disqualified for interference in a time trial race, for the purposes of
qualifying only, the horse must receive the time of the horse it is placed behind plus
one-hundredth of a second penalty or more exact measurement if photo finish equipment
permits, and is eligible to qualify for the finals or consolations of the race on the basis of
the assigned time.
d. Possession of any electrical or mechanical stimulating or shocking device by a jockey,
horse owner, trainer or other person authorized to handle or attend to a horse is prima
facie evidence of a violation of these rules and is sufficient grounds for the stewards to
scratch or disqualify the horse.
e. The stewards may determine that a horse must be unplaced for the purpose of purse
distribution and time trial qualification.
3. Multiple disqualifications. If the stewards determine there is more than one incident of
interference in a race for which disqualification is warranted, the stewards shall deal with the
incidents in the order in which the incident occurs during the race from start to finish; except in
the case in which the same horses are involved in multiple incidents. Once a horse has been
disqualified, it should remain placed behind the horse with which it interfered. The stewards
shall make a conscious effort to place and maintain as placed, every and all horses placed
behind others for interference.
4. Use of riding whip
a. Although the use of a riding crop is not required, any jockey who uses a riding whip
during a race shall do so only in a manner consistent with exerting his/her best efforts to
win.
b. In all races in which a jockey rides without a riding whip, an announcement of such fact
must be made over the public address system.
c. No electrical or mechanical device or other expedient designed to increase or retard the
speed of a horse, other than the riding crop approved by the stewards, may be
possessed by anyone, or applied by anyone to the horse at any time on the grounds of
the association during the meeting, whether in a race or otherwise.
d. The riding whip only may be used for safety, correction, and encouragement.
e. All riders should comply with the following when using a riding whip:
(1) Showing the horse the riding whip and giving it time to respond before hitting it;
(2) Having used the riding whip, giving the horse a chance to respond before using it
again; and
(3) Using the riding whip in rhythm with the horse's stride.
f. Prohibited use of the riding whip includes striking a horse:

(1) On the head, flanks, or on any other part of its body other than the shoulders or hind
quarters except when necessary to control a horse;
(2) During the post parade or after the finish of the race except when necessary to
control the horse;
(3) Excessively or brutally causing welts or breaks in the skin;
(4) When the horse is clearly out of the race or has obtained its maximum placing;
(5) Persistently even though the horse is showing no response under the riding whip; or
(6) Striking another rider or horse.
g. After the race, horses are subject to inspection by a racing or official veterinarian looking
for cuts, welts, or bruises in the skin. Any adverse findings must be reported to the
stewards.
h. The giving of instructions by any licensee that if obeyed would lead to a violation of this
rule may result in disciplinary action also being taken against the licensee who gave such
instructions.
5. Horse leaving the racecourse. If a horse leaves the racecourse during a race, the horse is
disqualified.
6. Order of finish
a. The official order of finish must be decided by the stewards. The decision may be made
with the aid of the photo finish system, and in the absence of the photo finish film record,
the video replay. The photo finish and video replay are only aids in the stewards'
decision. The decision of the stewards is final in all cases.
b. The nose of the horse determines the placement of the horse in relationship to other
horses in the race.
7. Time trials. In absence of specific conditions for a particular race that set forth criteria to
address the situations that may arise from the running of time trials to determine the eligible
horses to participate in finals, these rules apply:
a. Except in cases in which the starting gate or racetrack physically restricts the number of
horses starting, each time trial must consist of no more than ten horses.
b. The time trials must be raced under the same conditions as the finals. If the time trials
are conducted on the same day, the horses with the ten fastest times qualify to
participate in the finals. If the time trials are conducted on two days, the horses with the
five fastest times on the first day and the horses with the five fastest times on the second
day qualify to participate in the finals. When time trials are conducted on two days, the
racing secretary shall make a best effort to split owners with more than one entry into
separate days or time trials, or both.
c. If the association's starting gate has fewer than ten stalls or the racetrack safely
accommodates fewer than ten horses, the maximum number of qualifiers must
correspond to the maximum number of starting gate post positions or maximum number
of horses the track can safely accommodate.
d. Except in races around the turn, if only eleven or twelve horses are entered to run in time
trials from a gate with twelve or more stalls, the association may choose to run finals

only. If eleven or twelve horses participate in the finals, only the first ten finishers receive
purse money.
e. In the time trials, horses must qualify on the basis of time and order of finish. The times of
the horses in the time trial is determined to the limit of the timer. The only exception is
when two or more horses have the same time in the same trial heat. In that case, the
order of finish also determines the preference in qualifying for the finals. If two or more
horses in different time trials have the same qualifying time to the limit of the timer for the
final qualifying position, a draw by public lot must be conducted as directed by the
stewards. Qualifying times in separate trials may not be determined beyond the limit of
the timer by comparing and/or enlarging photo-finish images.
f. Except in the case of a disqualification, under no circumstances may a horse qualify
ahead of a horse that finished ahead of that horse in the official order of finish in a time
trial.
g. If a horse is disqualified for interference during the running of a time trial, the horse must
receive the time of the horse it is immediately placed behind plus one hundredth of a
second, or the maximum accuracy of the electronic timing device. No adjustments may
be made in the times recorded in the time trials to account for headwind, tailwind,
offtrack, etc. If a horse is disqualified for interference with another horse causing loss of
rider or the horse not to finish the race, the disqualified horse must be given no time plus
and that horse should not be eligible to run in the finals.
h. If a malfunction occurs with the electronic timer on any time trial, finalists from that time
trial must be determined by official hand timing operated by two official and disinterested
persons. The average of the two hand times must be utilized for the winning time, unless
one of the hand times is clearly incorrect. In such cases, the more accurate hand time
must be utilized for the winning time; other horses must be given times according to the
order and margins of finish with the aid of the photo finish, if available.
i. When there is a malfunction of the timer during some time trials, but the timer operates
correctly in other time trials, the accurate electronic times may not be discarded, nor may
the average of hand times be used for all time trials.
j. If the accuracy of the electronic timer or the average of the hand times, or both, are
questioned, the video of a time trial may be used by the stewards to estimate the winning
time by counting the number of video frames in the race from the moment the starting
gate stall doors are fully open parallel to the racing track. When the timer malfunctions
and there are no hand times, the stewards may select qualifiers based on the video.
k. If there is a malfunction of the starting gate, and one or more stall doors do not open or
open after the exact moment when the starter dispatches the field, the stewards may
declare the horses with malfunctioning stall doors nonstarters or may allow any horse
whose stall door opened late, but still ran a time fast enough to qualify to be declared a
starter for qualifying purposes. If a horse breaks through the stall door, or the stall door
opens prior to the exact moment the starter purposely dispatches the field, the horse may
be declared a nonstarter and the stewards may direct that all entry fees be refunded. If
one or more, but not all stall doors, open at the exact moment the starter purposely
dispatches the field, these horses should be considered starters for qualifying purposes,
and placed according to their electronic time. If the electronic timer malfunctions in this
instance, the average of the hand times, or if not available, the video may be utilized for
horses declared starters.
l. If a horse is scratched from the time trials, the horse's owner may not be eligible for a
refund of the fees paid and may not be allowed to enter the final. If a horse that qualified

for the final is unable to enter due to racing soundness, or scratched for any reason other
than a positive drug test or a rule violation, the horse is deemed to have earned and the
owner will receive, last place money. If more than one horse is scratched, those purse
monies may be added together and divided equally among those owners.
m. If a qualifier for a final or consolation is disqualified for ineligibility or a rule violation after
the time trials are declared official, but prior to entry for the final or consolation, the
nonqualifier with the next fastest time replaces the disqualified horse. If a qualifier is
disqualified after entry for a final or consolation for any reason other than racing
unsoundness, illness, or death, if necessary, the purse must be redistributed among the
remaining qualifiers.
History: Effective July 1, 2017; 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
### § 69.5-01-07-17. Claiming races.

1. General requirements.
a. Starting requirements. No person may file a claim for any horse unless such person
holds an owner's license.
b. One stable claim. No stable which consists of horses owned by more than one person
and which has a single trainer may submit more than one claim in any race and an
authorized agent may submit only one claim in any race regardless of the number of
owners represented.
c. Procedure for claiming. To make a claim for a horse, an eligible person shall:
(1) Deposit to such person's account with the horsemen's bookkeeper the full claiming
price and applicable taxes as established by the racing secretary's conditions.
(2) File the claim filled out completely and with sufficient accuracy to identify the claim
in writing on forms provided by the association prior to the time the horse leaves the
paddock in a locked claim box maintained for that purpose by the stewards.
2. Claim box.
a. The claim box must be approved by the commission and kept locked until the horses
have left the paddock, when it must be presented to the stewards or their designee for
opening and publication of the claims.
b. The claim envelope must have the time of day noted and initialed on the envelope by the
horseman's bookkeeper or stamped by an automatic time clock prior to being dropped in
the box.
c. No official of said association may give any information as to the filing of claims therein
until after the race has been run.
3. Claim irrevocable. After a claim has been filed in the racing office, it may not be withdrawn.
4. Multiple claims on single horses. If more than one claim is filed on a horse, the successful
claim must be determined by lot conducted by the stewards or their representatives.
5. Successful claims - Later races.

a. Sale or transfer. No successful claimant may sell or transfer a horse, except in a claiming
race, for a period of thirty days from the date of claim.
b. Eligibility price. A claimed horse may not start in a race in which the claiming price is less
than the price in which it was claimed for a period of thirty days. If a horse is claimed, no
right, title, or interest therein may be sold or transferred except in a claiming race for a
period of thirty days following the date of claiming. The day claimed does not count but
the following calendar day must be the first day. The horse is entitled to enter whenever
necessary so the horse may start on the thirty-first calendar day following the claim for
any claiming price. The horse is required to continue to race at the track where claimed
for a period of thirty days or the balance of the current race meeting whichever comes
first.
c. Racing elsewhere. A horse which was claimed under these rules may not participate at a
race meeting other than that at which it was claimed until the end of the meeting, except
with written permission of the stewards. This limitation does not apply to stakes races.
d. Same management. A claimed horse may not remain in the same stable or under the
control or management of its former owner.
e. When a horse is claimed out of a claiming race, the horse's engagements are included.
6. Transfer after claim.
a. Forms. Upon a successful claim, the stewards shall issue in triplicate, upon forms
approved by the commission, an authorization of transfer of the horse from the original
owner to the claimant. Copies of the transfer authorization must be forwarded to and
maintained by the commission, the stewards, and the racing secretary for the benefit of
the horse identifier. No claimed horse may be delivered by the original owner to the
successful claimant until authorized by the stewards. Every horse claimed shall race for
the account of the original owner.
b. Other jurisdiction rules. The commission will recognize and be governed by the rules of
any other jurisdiction regulating title and claiming races when ownership of a horse is
transferred or affected by a claiming race conducted in that other jurisdiction.
c. Determination of sex and age. The claimant is responsible for determining the age and
sex of the horse claimed notwithstanding any designation of sex and age appearing in
the program or in any publication. In the event of a spayed mare, the (s) for spayed
should appear next to the mare's name on the program. If it does not and the claimant
finds that the mare is in fact spayed, claimant may then return the mare for full refund of
the claiming price.
d. Affidavit by claimant. The stewards may, if they determine it necessary, require any
claimant to execute a sworn statement that the claimant is claiming the horse for the
claimant's account or as an authorized agent for the claimant's principal and not for any
other person.
e. Delivery required. No person may refuse to deliver a properly claimed horse to the
successful claimant and the claimed horse is disqualified from entering any race until
delivery is made to the claimant. Transfer of possession of a claimed horse must take
place immediately after the race has been run unless otherwise directed by the stewards.
If the horse is required to be taken to the test barn for post-race testing, the original
trainer or the trainer's representative shall maintain physical custody of the claimed horse
and shall observe the testing procedure and sign the test sample tag. The successful
claimant or the claimant's representative also shall accompany the horse to the test barn.

f. Obstructing rules of claiming. No person or licensee may obstruct or interfere with
another person or licensee in claiming any horse nor enter any agreement with another
to subvert or defeat the object and procedures of a claiming race, or attempt to prevent
any horse entered from being claimed.
g. Title. Title to a claimed horse must be vested in the successful claimant at the time the
horse leaves the paddock. The successful claimant becomes the owner of the horse
whether the horse is alive or dead, sound or unsound, or injured at any time after leaving
the paddock, during the race or after. If the claimed horse has been approved by the
stewards to run without the registration certificate on file in the racing office, the
registration certificate must be provided to the stewards for transfer to the new owner
before claiming funds will be approved for transfer by the stewards.
h. Title warranty. A person entering a horse in a claiming race warrants that the title to the
horse is free and clear of any existing claim or lien, either as security interest mortgage,
bill of sale, or lien of any kind; unless before entering such horse, the written consent of
the holder of the claim or lien has been filed with the stewards and the racing secretary
and the horse's entry approved by the stewards. A transfer of ownership arising from a
recognized claiming race terminates any existing prior lease for that horse.
7. Elimination of stable. An owner whose stable has been eliminated by claiming may claim for
the remainder of the meeting at which such owner was eliminated or for thirty racing days,
whichever is longer. If the thirty-day period extends into a succeeding meeting, the owner shall
obtain a certificate from the stewards of the meeting at which the owner's last horse was
claimed to attach to any claim the owner makes at the succeeding meeting. With the
permission of the stewards, stables eliminated by fire or other casualty may claim under this
rule.
8. Deceptive claim. The stewards may cancel and disallow any claim within twenty-four hours
after a race if they determine that a claim was made upon the basis of a lease, sale, or entry
of a horse made for the purpose of fraudulently obtaining the privilege of making a claim. In
the event of such a disallowance, the stewards may further order the return of a horse to its
original owner and the return of all claim moneys.
9. Protest of claim. A protest to any claim must be filed with the stewards before noon of the
day following the date of the race in which the horse was claimed. Nonracing days are
excluded from this rule.
History: Effective July 1, 1989; amended effective April 1, 2018.
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
### § 69.5-01-07-18. Medication.

1. Except as otherwise specifically provided by law, the commission adopts by reference:
a. The association of racing commissioners international controlled therapeutic medication
schedule version 14.4.
b. The association of racing commissioner's international uniform classification guidelines
for foreign substances and recommended penalties version 14.4.
c. The model rules ARCI-011-020 section B(13)(a) through (j) of the association of racing
commissioners international model rules of racing version 11.0.
2. Furosemide.

a. Furosemide may be administered intravenously to a horse, which is entered to compete
in a race. Except under the instructions of the official veterinarian or the racing
veterinarian for the purpose of removing a horse from the veterinarian's list or to facilitate
the collection of a post-race urine sample, furosemide shall be permitted only after the
official veterinarian has placed the horse on the furosemide list. In order for a horse to be
placed on the furosemide list the following process must be followed.
(1) After the horse's licensed trainer and licensed veterinarian determine that it would
be in the horse's best interests to race with furosemide the official veterinarian or the
veterinarian's designee shall be notified using the prescribed form, that the horse is
to be put on the furosemide list.
(2) The form must be received by the official veterinarian or the veterinarian's designee
by the proper time deadlines so as to ensure public notification.
(3) A horse placed on the official furosemide list must remain on that list unless the
licensed trainer and licensed veterinarian submit a written request to remove the
horse from the list. The request must be made to the official veterinarian or the
veterinarian's designee, on the proper form, no later than the time of entry.
(4) After a horse has been removed from the furosemide list, the horse may not be
placed back on the list for a period of sixty calendar days unless it is determined to
be detrimental to the welfare of the horse, in consultation with the official
veterinarian. If a horse is removed from the official furosemide list a second time in
a three hundred sixty-five-day period, the horse may not be placed on the list for a
period of ninety calendar days.
(5) Furosemide shall only be administered on association grounds.
(6) Furosemide shall be the only authorized bleeder medication.
b. The use of furosemide shall be permitted under the following circumstances on
association grounds where a detention barn is utilized:
(1) Furosemide shall be administered by the official veterinarian or the veterinarian's
designee no less than four hours prior to post time for the race for which the horse
is entered.
(2) A horse qualified for furosemide administration must be brought to the detention
barn within time to comply with the four-hour administration requirement specified
above.
(3) The dose administered shall not exceed five hundred milligrams nor be less than
one hundred fifty milligrams.
(4) Furosemide shall be administered by a single, intravenous injection.
(5) After treatment, the horse shall be required by the commission to remain in the
detention barn in the care, custody, and control of its trainer or the trainer's
designated representative under the association or commission security
supervision, or both, until called to the saddling paddock.
c. The use of furosemide shall be permitted under the following circumstances on
association grounds where a detention barn is not utilized:

(1) Furosemide shall be administered by the official veterinarian or the veterinarian's
designee no less than four hours prior to post time for the race for which the horse
is entered.
(2) The furosemide dosage administered shall not exceed five hundred milligrams nor
be less than one hundred fifty milligrams.
(3) Furosemide shall be administered by a single, intravenous injection.
(4) After treatment, the horse shall be required by the commission to remain in the
proximity of its stall in the care, custody, and control of its trainer or the trainer's
designated representative under general association or commission security
surveillance, or both, until called to the saddling paddock.
d. Test result must show a detectable concentration of the drug in the post-race serum,
plasma, or urine sample.
(1) The specific gravity of post-race urine samples may be measured to ensure the
samples are sufficiently concentrated for proper chemical analysis. The specific
gravity shall not be below 1.010. If the specific gravity of the urine is found to be
below 1.010 or if a urine sample is unavailable for testing, quantitation of furosemide
in serum or plasma shall be performed;
(2) Quantitation of furosemide in serum or plasma shall be performed when the specific
gravity of the corresponding urine sample is not measured or if measured below
1.010. Concentrations may not exceed 100 nanograms of furosemide per milliliter of
serum or plasma.
e. The administering authority or association may assess a fee approved by the
commission on licensed owners of treated horses to recoup the reasonable costs
associated with the administration of furosemide in the manner prescribed in these rules.
3. Bleeder list.
a. The official veterinarian shall maintain a bleeder list of all horses, which have
demonstrated external evidence of exercise induced pulmonary hemorrhage from one or
both nostrils during or after a race or workout as observed by the official veterinarian.
b. Every confirmed bleeder, regardless of age, shall be placed on the bleeder list and be
ineligible to race for the following time periods:
(1) First incident - Fourteen days;
(2) Second incident within a three hundred sixty-five-day period - Thirty days;
(3) Third incident within a three hundred sixty-five-day period - One hundred eighty
days;
(4) Fourth incident within a three hundred sixty-five-day period - Barred for racing
lifetime.
c. For the purposes of counting the number of days a horse is ineligible to run, the day the
horse bled externally is the first day of the recovery period.
d. The voluntary administration of furosemide without an external bleeding incident shall not
subject the horse to the initial period of ineligibility as defined by this policy.

e. A horse may be removed from the bleeder list only upon the direction of the official
veterinarian, who shall certify in writing to the stewards the recommendation for removal.
f. A horse which has been placed on a bleeder list in another jurisdiction pursuant to these
rules shall be placed on a bleeder list in this jurisdiction.
4. Antiulcer medications. The following antiulcer medications are permitted to be administered, at
the stated dosage, up to 24 hours prior to the race in which the horse is entered:
a. Cimetidine (Tagamet®) - 8-20 mg/kg PO BID-TID.
b. Opeprazole (Gastrogard®) - 2.2 grams PO SID.
c. Rantidine (Zantac®) - 8 mg/kg PO BID.
History: Effective July 1, 1989; amended effective January 1, 2008; January 1, 2015; 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
### § 69.5-01-07-19. Horseracing Integrity and Safety Act of 2020.

The commission and all licensees are subject to any Horseracing Integrity and Safety Act of 2020
rules that are required to be enforced in North Dakota.
History: Effective October 1, 2022.
General Authority: NDCC 53-06.2-04
Law Implemented: NDCC 53-06.2-04
