The following is a draft copy of the IRB’s proposed off-track stabling
licensing rule. Please send us your comments on how this rule may affect you or
other horsemen. Please tell us people, farms or fair grounds that you think may
be affected by this rule. The IHHA will respond to the IRB on Friday, August 25th.
The IRB will then start the formal rulemaking procedures. Thank you for
your input.
IHHA - Executive Director
DRAFT
PART 720
“Off-track stabling” means any
farm, any Illinois race track not licensed by the Board in the current calendar
year, any training facility or any other location designated and
approved for the purpose of stabling horses to be raced at a race track under
the jurisdiction of the Board. The grounds of organization licensees in
“Farm” means any property
with accommodations suitable for stabling horses.
“Nonracing horse” means
foals, weanlings, yearlings, broodmares which no longer participate in racing
and stallions which no longer participate in racing.
“Person not in good
standing with the Board” means any person who is serving a suspension issued by
the Board or has been denied licensure by the Board or is not eligible for
licensure by the Board.
“Racehorse” means any
standardbred horse that is or should be registered with the United States
Trotting Association, Canadian Trotting Association or another recognized
trotting association; or any thoroughbred horse that is or should be registered
with the Jockey Club that is or will be eligible to participate in horseracing
contest under the jurisdiction of the Board.
“Training facility” is any
property with a track suitable for training racehorses.
“Facility manager” means
the owner, lessee or person responsible for managing the farm or training
facility.
Permission to operate an
off track stabling facility shall be obtained by first filing at the Board’s
central office an application in a form prescribed by the Board.
a)
No horse may be entered to start or shall start in any race upon which
pari-mutuel wagering is conducted unless it is stabled, as defined below, on
the grounds of a racing association licensed by the Board, or at a farm or
training facility licensed by the Board. Nothing in this rule shall
prohibit any horse stabled outside the state of Illinois from being transported
directly to any racetrack in this State to start in any race upon which pari-mutuel
wagering is conducted provided that:
1)
the owner and trainer of the racehorse have ensured, while the horse has
been in their custody and control, that no person not in good standing with the
Board has acted in any capacity of caretaker, groom, assistant trainer,
trainer, driver or other attendant with respect to the care or training of the
racehorse prior to its transportation into the State of Illinois; and
2)
all persons attending to the horse in
b)
“Stabled” means the premises at which a racehorse maintains a regular and
continuous physical presence. In order for a racehorse to be stabled at a
licensed facility in compliance with this rule, the racehorse may not be
physically situated at the licensed premise and moved to an unlicensed farm or
training facility on an intermittent basis. For example, where a
racehorse is “turned out” or for any other reason relocated between race
competitions from a licensed farm or training facility to a second farm or
training facility a violation of this rule would occur unless that second farm,
training facility or other premises is also licensed by the Board in
accordance with this rule.
Section
720.30 Time Limitation and fee.
a)
Licensing Approval of off-track stabling shall be applicable for
one calendar year and must be renewed each year.
b)
Any off track stabling location shall be required to apply for licensure
with the Board and pay a $50.00 annual licensing fee. The Board may waive
annual fee under the following circumstances;
1.
the farm or training facility is owned by an individual licensed by the
Board for an occupation owner or trainer license; and
2.
the only horses located at the farm or training facility are owned entirely
and exclusively by the owner of the farm or training facility who is
individually licensed.
a)
any area approved by the Board as off-track stabling shall be considered an
extension of on-track stabling and will come under the jurisdiction of the
Board and stewards and subject to all rules and regulations of the Board,
except that;
1.
The
2.
the sanitation rules for employee living quarters shall not be applicable.
b)
Any horse in training or entered to start stabled on a licensed off-track
facility must be under the care and custody of a licensed trainer. It shall
be the responsibility to the trainer to insure that only individuals licensed
by the Board are employed in any capacity of caretaker, groom or other
attendant with respective to the care custody and training of such a
horse. Nothing in this section shall be deemed to apply to non-racing
horses.
c)
It shall be the responsibility of the trainer to ensure that persons not in
good standing with the Board do not have access to or contact with any
racehorse under his care, custody and control.
d)
Notwithstanding section b) non-racing horses may be kept at a licensed off
track stabling facility. When non-racing horses are present at a licensed
off track stabling facility, however, it shall be responsibility of the
facility manager to ensure that persons not in good standing with the Board do
not have access to or contact with any horse under his custody or care.
e)
It shall be the responsibility of the facility manager to ensure that any
person not in good standing with the Board is restricted from entering any
property where racehorses are located.
f)
Facilities for off –track stabling must be suitable for developing and
bringing a horse to racing fitness and this determination shall be made by an
inspector of the facilities who shall be designated by the Board or the
Stewards. Criteria for determining suitability shall include, but not be
limited to the following:
1) an
area for exercising or training
2) an
adequate water supply;
3) an
adequate method of manure and rubbish removal;
4) a
comfortable, well lighted and properly ventilated barn;
5) accessibility
to a veterinarian.
Section 720.45 Inspection of
facility
a)
All licensed
off track stabling facilities shall permit the Board or its appointees to enter
the premises to inspect, identify racehorses located there and ascertain
whether the premises and persons present are otherwise in full compliance with
the Board’s rules and regulations and determine whether drugs, foreign
substances and instruments used for the administration of drugs or foreign
substances are present.
b)
To facilitate
entry and inspection of licensed farms and training facilities, the Executive
Director or the State Steward or a Board member shall issue an administrative
directive setting forth specific instructions for investigative staff in the
form of an administrative warrant.
c)
Inspections
shall be conducted during business daylight hours unless otherwise instructed
by administrative warrant. Access to investigative staff shall be limited
to areas in and around barns, appurtenances to areas where racehorses are or
could be located, areas where equipment or tack is or could be located and all
enclosures present therein.
d)
“Appurtenances”
means all areas attached, adjacent or near to all barns and stables, all
property where racehorses are or can be located and all areas used in
connection with the care, training or racing of horses, including but not
limited to offices in areas which are not used exclusively as a
residence. “Enclosures” include “all cabinets, cases, cupboards, chests,
closets, trunks, containers, desks, drawers and other areas and objects where
items may be placed as well as the interior and trunk of vehicles located on
the premises.
e)
Investigative
staff shall carry identification and produce it upon demand.
Investigative staff shall identify all persons who have access to the horses
located on the premises.
f)
All licensees
shall fully cooperate with the requests and instructions of the investigative
staff. Upon request, all licensees shall open locked areas including but
not limited to locked doors, locked enclosures, locked automobiles and locked
automobile trunks. Investigative staff shall inform any licensee who
fails to cooperate that he or she and as affirmative duty to cooperate pursuant
to IRB rules and that sanctions such as suspension, fines or license revocation
may be imposed for failure to cooperate.
g)
In the event
that the investigative staff seizes any object present in violation of the
commissions rules, staff shall give a receipt for the property seized to the
person from whom it was taken or in whose possession it was found or in the
absence of such person, leave a receipt for the property seized in or upon the
location from which the property was taken;
h)
Investigative
staff shall not have the authority to inspect any building used exclusively as
a residence without an appropriate civil search warrant obtained from the
proper police authority unless the owner or lessee consents in writing.
i)
Investigative
staff may videotape or photograph any part or all of an inspection.
Section 720.50 Registration with
Racing Secretary Required
Any horse stabled at Board
approve a licensed off-track stabling facility must be
registered with the Racing Secretary before that horse’s entry will be
accepted. If a horse that participates in a race is later found to be
in violation of the rules in this Part, the horse shall be disqualified.
Section 720.60 Who May Apply
Application for license
approval of facilities for off-track stabling shall be made by the owner
or lessee of the premises. “Lessee” shall be defined, for purposes of
these rules, as the person or persons who lease the entire premises and shall
not apply to the leasing of stalls only. A copy of the lease shall be
provided with the application filed with the Board.
Section 720.70 Penalties for
Violations of this Section
a)
A farm or training facility that is required to be licensed and the individuals
responsible for the facility shall each be liable for a civil penalty of not
less than $500 and not more than $5,000 and/or license suspension or revocation
for violations of this Section.
b)
Upon receipt of notice that a farm or training facility is not in compliance
with Board rules, the farm or training facility shall bring the farm or
training facility into compliance within 48 hours and all activities require
licensure must cease immediately and persons not in good standing with the Board
shall be prohibited from access to or contact with racehorses. Stewards
may assess additional civil penalties for subsequent days of noncompliance.
Off‑track
stabling facilities shall be considered vendors and shall be subject to all
relevant licensing rules. All stable personnel employed at off‑track
stabling facilities shall be licensed.
Off‑track
stabling shall be subject to Board rules and regulations except that:
a)
The Illinois Race Track Rules for Fire Safety (Chapter B3 of the combined Rule
Book; Ill. Adm. Code Part 403) shall not be applicable; however, an off‑track
stabling facility shall be reasonably equipped for fire safety.
b)
The sanitation rules for employee living quarters shall not be applicable.
Facilities
for off‑track stabling must be suitable for developing and bringing a
horse to racing fitness, and this determination shall be made by an inspector
of the facilities who shall be designated by the Board or the board of
Stewards. Criteria for determining suitability shall include, but not be
limited to, the following:
a)
An area for exercising or training;
b)
An adequate water supply;
c)
An adequate method of manure and rubbish removal;
d)
A comfortable, well lighted and properly ventilated barn;
e)
Accessibility to a veterinarian.
Section 720.100 Participation in Races
No
horse shall be permitted to enter any pari‑mutuel event unless stabled at
a Board licensed facility.
Executive
Director
Office
630-323-0808
Cell
630-738-0808