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09.10.02 - Maryland Racing Commission - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 45, ISSUE 15,
FRIDAY, JULY 20, 2018

Subtitle 10 RACING COMMISSION

09.10.02 Harness Rules

Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Final Action
[18-117-F]

On June 27, 2018, the Maryland Racing Commission adopted amendments to Regulations .43, .53, and .53-1 and adopted new Regulations .60 and .61 under COMAR 09.10.02 Harness Rules. This action, which was proposed for adoption in 45:10 Md. R. 505—508 (May 11, 2018), has been adopted as proposed.

Effective Date: July 30, 2018.

J. MICHAEL HOPKINS
Executive Director

.43 Foaled Stakes Program.
  A. — D. (text unchanged)
  E. Registration. Except as provided in §F of this regulation, to register a yearling the Advisory Committee Administrator shall be provided on or before May 15 with a:
    (1) (text unchanged)
    (2) Photocopy of the yearling’s USTA registration certificate or its equivalent; and
    (3) (text unchanged)
  F. Late or Incomplete Registration.
    (1) If a yearling was not registered in accordance with the provisions of §E of this regulation, the yearling shall be registered with the Advisory Committee Administrator if the following are received between May 16 and December 31:
      (a) (text unchanged)
      (b) A photocopy of the yearling’s USTA registration certificate or its equivalent; and
      (c) (text unchanged)
    (2) If a photocopy of the USTA registration certification or its equivalent is not submitted in compliance with any of the provisions under this regulation, the:
      (a) — (b) (text unchanged)
  G. (text unchanged)
  [H. Declaration Fee. A declaration fee of $150 is required to be made by the post time for the race into which the horse is declared.
  I. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee by the next business day; or
      (b) Mailed and bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.]
  H. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee Administrator by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee Administrator by the next business day; or
      (b) Mailed and bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.
  I. Declaration Fee. A declaration fee of $150 is required to be made by the post time for the race into which the horse is declared.

  J. — V. (text unchanged)

.53 Sires Stakes Program.
  A. — C. (text unchanged)
  D. Registration as a Maryland Stallion.
    (1) A stallion shall be registered by the Advisory Committee if the completed forms for the stallion’s registration are received by the Advisory Committee Administrator by:
      (a) — (b) (text unchanged)
    (2) To complete the registration of a Maryland stallion, [the following documents] a USTA registration certificate or its equivalent concerning the stallion shall be delivered to the Advisory Committee Administrator not later than February 15 of the year of registration[:
      (a) USTA registration certificate; and
      (b) Parentage verification report].
    (3) If [either] the stallion’s USTA registration certificate or its equivalent [parentage verification report] is not received by the Advisory Committee Administrator in a timely manner, the stallion owner shall be penalized $250.
   E. (text unchanged)
  F. Requirements of the Owner of a Registered Stallion.
    (1) The owner of a registered stallion shall submit a copy of the USTA Mares Bred report to the Advisory Committee Administrator not later than September 1 of the year for which the stallion is registered.
    (2) — (4) (text unchanged)
  G. Payment of Penalties.
    (1) Penalties assessed against a stallion owner under this regulation shall be paid to the Advisory Committee Administrator.
    (2) — (3) (text unchanged)
  H. (text unchanged)
  I. Registration. Except as provided in §J of this regulation, in order to register a yearling, the Advisory Committee Administrator shall be provided on or before May 15 with a:
    (1) — (3) (text unchanged)
  J. Late or Incomplete Registration.
    (1) If a yearling was not registered in accordance with the provisions of §I of this regulation, the yearling shall be registered with the Advisory Committee Administrator if the following are received between May 16 and December 31:
      (a) — (c) (text unchanged)
    (2) If a photocopy of the USTA registration certification or its equivalent is not submitted in compliance with any of the provisions for doing so under this regulation, the:
      (a) — (b) (text unchanged)
  K. (text unchanged)
  [L. Declaration Fee.
    (1) A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared.
    (2) Additional declaration fees are not required from a horse which participates in more than one preliminary race.
    (3) The declaration fee is $250.
  M. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee by the next business day; or
      (b) Mailed bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.]
  L. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee Administrator by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee Administrator by the next business day; or
      (b) Mailed bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.
  M. Declaration Fee.
    (1) A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared.
    (2) Additional declaration fees are not required from a horse which participates in more than one preliminary race.
    (3) The declaration fee is $250.

  N. — BB. (text unchanged)

.53-1 Sire Stakes Program for 4 and 5 Year Olds.
  A. (text unchanged)
  B. Eligibility for Participation. For a horse to be eligible to participate in a race that is a part of the Sires Stakes Program for 4 and 5-Year-Olds, the horse shall:
    (1) (text unchanged)
    (2) Be registered with the Advisory Committee Administrator by February 15 as a 4-year-old or a 5- year- old to race that year.
  C. (text unchanged)
  [D. Declaration Fee.
    (1) A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared.
    (2) The declaration fee is $100.
  E. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee by the next business day; or
      (b) Mailed bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.]
  D. Time and Method of Payment.
    (1) To be timely, the appropriate fee shall be:
      (a) Delivered to the Advisory Committee Administrator by the designated due date; or
      (b) Mailed bearing a postmark which is on or before the due date.
    (2) If the due date for a payment falls on a weekend or a holiday observed in this State, the payment shall be timely if:
      (a) Delivered to the Advisory Committee Administrator by the next business day; or
      (b) Mailed bearing a postmark which is not later than the next business day.
    (3) Exceptions may not be made to the requirements of this section.
  E. Declaration Fee.
    (1) A declaration fee, as prescribed in this regulation, is required to be made by the post time for the race into which the horse is declared.
    (2) The declaration fee is $100.

  F. — Q. (text unchanged)
  R. Purse Distribution.
    (1) The purse in each race shall be divided in the following manner:
      (a) — (b) (text unchanged)
      (c) [60] 55 percent, 30 percent, and [10] 15 percent to the first three finishers, respectively, if only three horses finish;
      (d) — (e) (text unchanged)
    (2) (text unchanged)
  S. (text unchanged)

.60 Ocean High Five.
  A. The Ocean High Five is a contract by the purchaser of a ticket combining five horses to finish first, second, third, fourth, and fifth, in that specific order, in a race on which Ocean High Five wagering is offered. Payment of the ticket shall be made only to the purchaser who has selected the same order of finish as officially posted.
  B. The Ocean High Five is not a parlay and has no connection with, or relation to, any other wagering pool. The Ocean High Five shall be calculated as an entirely separate pool.
  C. Subject to Commission approval, the racing association shall establish the minimum amount for a bet on Ocean High Five tickets.
  D. Ocean High Five wagering may be conducted on a race that has at least seven separate wagering interests.
  E. If there is no pari-mutuel ticket issued that selects the first five finishers in exact order, then the entire net pool shall be:
    (1) Carried over to the next qualifying race offering Ocean High Five wagering; and
    (2) Combined with the Ocean High Five net pool for that race to determine the applicable payout.
  F. Distribution.
    (1) The entire Ocean High Five net pool plus any carryover shall be distributed on the last day of the race meet by the racing association, which shall hold Ocean High Five wagering on one race that day.
    (2) If a ticket is not sold that correctly selects five horses to finish first, second, third, fourth, and fifth, in that specific order, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select four horses to finish first, second, third, and fourth, in that specific order.
    (3) If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select three horses to finish first, second, and third, in that specific order.
    (4) If such a ticket is not sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select two horses to finish first and second, in that specific order.
    (5) If no such ticket is sold, the entire net pool plus any carryover shall be distributed to the holders of tickets that correctly select the winner of the race.
    (6) If no such ticket is sold, the entire net pool plus any carryover shall be evenly distributed to the holders of tickets containing any of the finishers.
  G. If, for any reason, there is not a mandatory distribution of the Ocean High Five carryover as provided in §F of this regulation, the Ocean High Five carryover shall be:
    (1) Placed into an interest bearing account as approved by the Commission; and
    (2) With accrued interest, added to the Ocean High Five pool of the next race meet held by a racing association where Ocean High Five wagering is conducted, unless otherwise agreed by that racing association and the racing association where the Ocean High Five pool carryover was generated.
  H. If a dead heat, or heats, occur in a race on which there is Ocean High Five wagering:
    (1) A horse in a dead heat shall be considered as finishing in the position for which it dead heated; and
    (2) Any selection in an Ocean High Five wager that correctly selects a horse in a dead heat as finishing in the position for which the horse dead heated shall be treated as a correct selection.
  I. In the event of a scratch in an Ocean High Five race:
    (1) Exchanges may not be made; and
    (2) All tickets that include the scratched horse shall be refunded.
  J. Coupled entries are permitted, but fields are prohibited in Ocean High Five races.
   K. For price calculations only, coupled entries shall be calculated as a single finishing horse, using the finishing position of the leading horse in the coupled entry to determine the order of placing. Example: If the actual order of finish in a race is 1 / 2 / 1A / 3 / 4 / 5, then the finishers used for that race in the Ocean High Five would be 1 / 2 / 3 / 4 / 5.
  L. Sale.
    (1) Ocean High Five tickets shall be sold only by the licensee through pari-mutuel machines programmed to print all selections on one ticket.
    (2) Resale of tickets from one individual to another is prohibited and is grounds for ejection.
  M. This regulation shall be printed in heavy type in a conspicuous place in the program or prominently posted near the betting windows of any association conducting this type of wager.

.61 The Survivor Bet.
  A. The Survivor Bet is a contract by the purchaser of a ticket selecting the first place finisher in each of ten contests.
  B. Subject to Commission approval, the racing association shall establish the takeout and minimum amount for a bet on The Survivor Bet.
  C. The Survivor Bet wagering pool shall be distributed using the following method:
    (1) The Survivor Bet wager requires the ticket holder to correctly select the winner of each sequential leg in order to remain alive in the pool.
    (2) If at any time there is only one ticket remaining which has correctly selected the winner in each leg contested to that point, then the pool is at an end and that ticket is the winner regardless of whether the remaining legs result in winning selections.
    (3) If at any time there are multiple tickets remaining which correctly selected the winner in each leg contested to that point but none of those correctly select the winner of the subsequent leg, then the pool is at an end and those tickets are the winners regardless of whether the remaining legs result in winning selections. Each of these tickets shall be apportioned a payout.
    (4) If all ten contests are completed and there are multiple tickets which correctly selected the winner in each leg, then those tickets are the winners. Each of these tickets shall be apportioned a payout.
     (5) The net Survivor pool shall be distributed as a single price pool to those who sequentially selected the first place finishers in the greatest number of Survivor contests, based on the official order of finish.
     (6) All winning payouts shall be made after the conclusion of the tenth contest.
    (7) If there are no winning wagers, the entire pool shall be refunded.
  D. If there is a dead heat for first in any of the Survivor contests involving:
    (1) Contestants representing the same betting interests, the Survivor pool shall be distributed as if no dead heat occurred.
    (2) Contestants representing two or more betting interests, the Survivor pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.
  E. Should a betting interest in any of the Survivor pools be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at the host association for the contest at the close of wagering on that contest, shall be substituted for the scratched betting interest, for all purposes, including pool calculations. In the event that the Win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number;
  F. The tote company shall produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.
  G. The Survivor Bet shall be canceled and all Survivor Bet wagers for the individual performance shall be refunded if all races included in the Survivor Bet pool are canceled or declared “no contest”.
  H. If at least one contest included as part of the Survivor Bet is canceled or declared a “no contest”, the net pool shall be distributed as a single price pool to those whose selection finished first in the greatest number of Survivor contests for that performance.
  I. A “no contest” race is not to be considered as a contested race. The Survivor Bet will advance all tickets that remained alive in the previous leg of the pool.
  J. Subject to Commission approval, an association may contribute a sum of money up to the amount approved by the commission to the Survivor pool.