IC 4-31-8
Chapter 8. Miscellaneous Operating Procedures
IC 4-31-8-1 Rules governing horse racing
Sec. 1. All horse racing over which the commission has
jurisdiction shall be conducted under rules adopted by the
commission. A matter that is not provided for in the commission's
rules shall be determined by the judges or by the commission. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-2 Camera to photograph each finish
Sec. 2. A permit holder shall provide a camera that shall be used
to photograph each finish. If two (2) or more horses reach the finish
post so closely aligned that it is difficult for the judges to determine
the order of finish for any of the first four (4) positions, the negative
or a positive print may be inspected and used to make a decision. A
print or prints of the finish or the equivalent shall be posted for
public inspection. However, in the event of mechanical difficulty or
insufficient light for a picture to be taken, the judges shall make the
final decision. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-3 Identification of horse; burden of proof
Sec. 3. A horse may not start in a race unless the horse is fully
identified. The burden of proving a horse's identity rests with the
person having charge of the horse at the horse racing meeting, and
the judges may suspend and refer to the commission such a person
in case of fraud or attempted fraud. The judges also may suspend and
refer to the commission any other person who aids in the perpetration
of a fraud or who participates in an attempt at fraud. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-4 Alcohol breath test; procedure; sanctions
Sec. 4. (a) A permit holder shall provide an alcohol breath-testing
device that is approved by the commission and operated by a person
certified to use such a device. All drivers, jockeys, judges, starters,
assistant starters, and drivers of starting gates shall submit to a breath
test at each racing program in which they participate. In addition, the
secretary of the commission, a member of the commission, a
commission investigator, the stewards, or the track chief of security
may order a licensee to submit to a breath test at any time there is
reason to believe the licensee may have consumed sufficient alcohol
to cause the licensee to fail a breath test.
(b) A person whose breath test shows a reading of an alcohol
concentration equivalent (as defined in IC 9-13-2-2.4) to more than
five-hundredths (0.05) gram of alcohol per two hundred ten (210)
liters of the person's breath, is subject to the following sanctions:
(1) A driver or jockey may not be permitted to drive or ride and
shall be suspended under the rules of the commission.
(2) A judge, a starter, an assistant starter, or a driver of the
starting gate shall be relieved of all duties for that program, and
a report shall be made to the commission for appropriate action.
(3) Any other licensee shall be suspended, beginning that day,
under the rules of the commission.
(c) The stewards and judges shall, on behalf of the commission,
impose the following sanctions against a licensee who refuses to
submit to a breath test:
(1) For the first refusal, a civil penalty of one hundred dollars
($100) and a seven (7) day suspension.
(2) For a second refusal, a civil penalty of two hundred fifty
dollars ($250) and a thirty (30) day suspension.
(3) For any additional refusals to submit to a breath test, a civil
penalty of two hundred fifty dollars ($250), a sixty (60) day
suspension, and referral of the case to the commission for any
further action that the commission considers necessary.
(d) A sanction under subsection (c) may be appealed to the
commission. An appeal stays the sanction until further action by the
commission. The appeal must be heard by the commission within
thirty (30) days after the date of the appeal. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.33-1997,
SEC.1; P.L.1-2000, SEC.1.
IC 4-31-8-5 Inspection of racetrack premises; certification
Sec. 5. Each applicant for a permit shall, before the opening of the
applicant's racing season, request an inspection of the racetrack
premises and obtain a certificate from the division of fire and
building safety stating that the premises are in compliance with all
safety requirements. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.1-2006,
SEC.85.
IC 4-31-8-6 "Horsemen's association" defined
Sec. 6. (a) As used in this section, "horsemen's association" means
a corporation, a limited liability company, an organization, or an
association that represents, through membership, more than one-half
(1/2) of the aggregate of all owners and trainers who were licensed
and actively participated in racing at a recognized meeting.
(b) A permit holder may contract with one (1) or more horsemen's
association for the association to represent owners and trainers
participating in a horse racing meeting conducted by the permit
holder. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,
SEC.41.
IC 4-31-8
Chapter 8. Miscellaneous Operating Procedures
IC 4-31-8-1 Rules governing horse racing
Sec. 1. All horse racing over which the commission has
jurisdiction shall be conducted under rules adopted by the
commission. A matter that is not provided for in the commission's
rules shall be determined by the judges or by the commission. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-2 Camera to photograph each finish
Sec. 2. A permit holder shall provide a camera that shall be used
to photograph each finish. If two (2) or more horses reach the finish
post so closely aligned that it is difficult for the judges to determine
the order of finish for any of the first four (4) positions, the negative
or a positive print may be inspected and used to make a decision. A
print or prints of the finish or the equivalent shall be posted for
public inspection. However, in the event of mechanical difficulty or
insufficient light for a picture to be taken, the judges shall make the
final decision. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-3 Identification of horse; burden of proof
Sec. 3. A horse may not start in a race unless the horse is fully
identified. The burden of proving a horse's identity rests with the
person having charge of the horse at the horse racing meeting, and
the judges may suspend and refer to the commission such a person
in case of fraud or attempted fraud. The judges also may suspend and
refer to the commission any other person who aids in the perpetration
of a fraud or who participates in an attempt at fraud. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-4 Alcohol breath test; procedure; sanctions
Sec. 4. (a) A permit holder shall provide an alcohol breath-testing
device that is approved by the commission and operated by a person
certified to use such a device. All drivers, jockeys, judges, starters,
assistant starters, and drivers of starting gates shall submit to a breath
test at each racing program in which they participate. In addition, the
secretary of the commission, a member of the commission, a
commission investigator, the stewards, or the track chief of security
may order a licensee to submit to a breath test at any time there is
reason to believe the licensee may have consumed sufficient alcohol
to cause the licensee to fail a breath test.
(b) A person whose breath test shows a reading of an alcohol
concentration equivalent (as defined in IC 9-13-2-2.4) to more than
five-hundredths (0.05) gram of alcohol per two hundred ten (210)
liters of the person's breath, is subject to the following sanctions:
(1) A driver or jockey may not be permitted to drive or ride and
shall be suspended under the rules of the commission.
(2) A judge, a starter, an assistant starter, or a driver of the
starting gate shall be relieved of all duties for that program, and
a report shall be made to the commission for appropriate action.
(3) Any other licensee shall be suspended, beginning that day,
under the rules of the commission.
(c) The stewards and judges shall, on behalf of the commission,
impose the following sanctions against a licensee who refuses to
submit to a breath test:
(1) For the first refusal, a civil penalty of one hundred dollars
($100) and a seven (7) day suspension.
(2) For a second refusal, a civil penalty of two hundred fifty
dollars ($250) and a thirty (30) day suspension.
(3) For any additional refusals to submit to a breath test, a civil
penalty of two hundred fifty dollars ($250), a sixty (60) day
suspension, and referral of the case to the commission for any
further action that the commission considers necessary.
(d) A sanction under subsection (c) may be appealed to the
commission. An appeal stays the sanction until further action by the
commission. The appeal must be heard by the commission within
thirty (30) days after the date of the appeal. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.33-1997,
SEC.1; P.L.1-2000, SEC.1.
IC 4-31-8-5 Inspection of racetrack premises; certification
Sec. 5. Each applicant for a permit shall, before the opening of the
applicant's racing season, request an inspection of the racetrack
premises and obtain a certificate from the division of fire and
building safety stating that the premises are in compliance with all
safety requirements. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.1-2006,
SEC.85.
IC 4-31-8-6 "Horsemen's association" defined
Sec. 6. (a) As used in this section, "horsemen's association" means
a corporation, a limited liability company, an organization, or an
association that represents, through membership, more than one-half
(1/2) of the aggregate of all owners and trainers who were licensed
and actively participated in racing at a recognized meeting.
(b) A permit holder may contract with one (1) or more horsemen's
association for the association to represent owners and trainers
participating in a horse racing meeting conducted by the permit
holder. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,
SEC.41.
IC 4-31-8
Chapter 8. Miscellaneous Operating Procedures
IC 4-31-8-1 Rules governing horse racing
Sec. 1. All horse racing over which the commission has
jurisdiction shall be conducted under rules adopted by the
commission. A matter that is not provided for in the commission's
rules shall be determined by the judges or by the commission. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-2 Camera to photograph each finish
Sec. 2. A permit holder shall provide a camera that shall be used
to photograph each finish. If two (2) or more horses reach the finish
post so closely aligned that it is difficult for the judges to determine
the order of finish for any of the first four (4) positions, the negative
or a positive print may be inspected and used to make a decision. A
print or prints of the finish or the equivalent shall be posted for
public inspection. However, in the event of mechanical difficulty or
insufficient light for a picture to be taken, the judges shall make the
final decision. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-3 Identification of horse; burden of proof
Sec. 3. A horse may not start in a race unless the horse is fully
identified. The burden of proving a horse's identity rests with the
person having charge of the horse at the horse racing meeting, and
the judges may suspend and refer to the commission such a person
in case of fraud or attempted fraud. The judges also may suspend and
refer to the commission any other person who aids in the perpetration
of a fraud or who participates in an attempt at fraud. As added by P.L.341-1989(ss), SEC.2.
IC 4-31-8-4 Alcohol breath test; procedure; sanctions
Sec. 4. (a) A permit holder shall provide an alcohol breath-testing
device that is approved by the commission and operated by a person
certified to use such a device. All drivers, jockeys, judges, starters,
assistant starters, and drivers of starting gates shall submit to a breath
test at each racing program in which they participate. In addition, the
secretary of the commission, a member of the commission, a
commission investigator, the stewards, or the track chief of security
may order a licensee to submit to a breath test at any time there is
reason to believe the licensee may have consumed sufficient alcohol
to cause the licensee to fail a breath test.
(b) A person whose breath test shows a reading of an alcohol
concentration equivalent (as defined in IC 9-13-2-2.4) to more than
five-hundredths (0.05) gram of alcohol per two hundred ten (210)
liters of the person's breath, is subject to the following sanctions:
(1) A driver or jockey may not be permitted to drive or ride and
shall be suspended under the rules of the commission.
(2) A judge, a starter, an assistant starter, or a driver of the
starting gate shall be relieved of all duties for that program, and
a report shall be made to the commission for appropriate action.
(3) Any other licensee shall be suspended, beginning that day,
under the rules of the commission.
(c) The stewards and judges shall, on behalf of the commission,
impose the following sanctions against a licensee who refuses to
submit to a breath test:
(1) For the first refusal, a civil penalty of one hundred dollars
($100) and a seven (7) day suspension.
(2) For a second refusal, a civil penalty of two hundred fifty
dollars ($250) and a thirty (30) day suspension.
(3) For any additional refusals to submit to a breath test, a civil
penalty of two hundred fifty dollars ($250), a sixty (60) day
suspension, and referral of the case to the commission for any
further action that the commission considers necessary.
(d) A sanction under subsection (c) may be appealed to the
commission. An appeal stays the sanction until further action by the
commission. The appeal must be heard by the commission within
thirty (30) days after the date of the appeal. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.33-1997,
SEC.1; P.L.1-2000, SEC.1.
IC 4-31-8-5 Inspection of racetrack premises; certification
Sec. 5. Each applicant for a permit shall, before the opening of the
applicant's racing season, request an inspection of the racetrack
premises and obtain a certificate from the division of fire and
building safety stating that the premises are in compliance with all
safety requirements. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.1-2006,
SEC.85.
IC 4-31-8-6 "Horsemen's association" defined
Sec. 6. (a) As used in this section, "horsemen's association" means
a corporation, a limited liability company, an organization, or an
association that represents, through membership, more than one-half
(1/2) of the aggregate of all owners and trainers who were licensed
and actively participated in racing at a recognized meeting.
(b) A permit holder may contract with one (1) or more horsemen's
association for the association to represent owners and trainers
participating in a horse racing meeting conducted by the permit
holder. As added by P.L.341-1989(ss), SEC.2. Amended by P.L.8-1993,
SEC.41.
