Md. Code Regs. 09.10.03.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.10.03.03 - General

A. Except as provided in §A(14) of this regulation, the following acts are prohibited if committed on the grounds of a facility under the jurisdiction of the Commission, if they affect a race conducted live in this State, or if they affect the betting on a race in this State:

(1) Offering, promising, giving, accepting, or soliciting a bribe in any form, directly or indirectly, to or by a person having any connection with the outcome of a race;

(2) Entering, or knowingly aiding and abetting in the entering of, a horse ineligible or unqualified to race;

(3) Participating in any improper, corrupt, or fraudulent act or practice in relation to racing;

(4) Causing, attempting to cause, or any participation in an attempt to cause the pre-arrangement of a race result;

(5) Soliciting bets on a horse from the public by a licensee either by correspondence or other methods;

(6) Using or possessing a battery, buzzer, electrical device, or other appliance, other than an ordinary whip, which could be used to alter the speed or racing condition of a horse in a race or workout;

(7) Using profane, abusive, or insulting language to employees of the Commission, employees of a facility under the jurisdiction of the Racing Commission, or the public;

(8) Being in an intoxicated state;

(9) Fighting or other conduct of a disorderly nature;

(10) Using or possessing a deadly weapon;

(11) Committing or participating in the commission of a criminal act;

(12) Violating a regulation or condition of the Commission or aiding or abetting a person in the violation of a regulation or condition of the Commission;

(13) Failing to comply with an order or ruling of a steward, judge, or other racing official pertaining to a racing matter;

(14) Cruelty to a horse wherever committed;

(15) Tampering, or attempting to tamper, with a horse for any purpose;

(16) Transferring, or attempting to transfer, the ownership of a horse for a purpose other than its legitimate sale or lease;

(17) Registering a horse under the name of a person other than the legitimate owner or lessee of the horse;

(18) Making false or misleading statements to a racing official or submitting false or misleading statements on a license application;

(19) Except as otherwise provided in this regulation, using or possessing, actually or constructively, any of the following items:

(a) A drug, or

(b) A hypodermic needle, hypodermic syringe, or other device which could be used for injection;

(20) Using or possessing the ingredients or the paraphernalia associated with the forced feeding to a horse of a combination of baking soda and sugar, or a form of sugar, or administrating a substance by tubing within 24 hours of a racing program in which a horse is scheduled to race;

(21) The possession or administration of Erythropoietin or any analogous substance that increases the oxygen-carrying capacity of the blood; and

(22) Failing to report the knowledge of a violation of this regulation to the stewards, judges, or the Commission.

B. The use or possession of the items listed in §A(19)(a) and (b) of this regulation is permissible if the:

(1) Item is possessed or used for a legitimate purpose by a licensed veterinarian;

(2) Item is possessed or used pursuant to a valid prescription or order from a medical practitioner while acting in the course of the practitioner's professional practice; or

(3) Stewards or judges, in their discretion, grant permission authorizing the possession or use of the item.

C. The use of a shockwave therapy device is prohibited unless:

(1) The device is registered with the Commission Veterinarian;

(2) The device is used by a licensed veterinarian;

(3) The device is used on a horse at least 10 days before the horse participates in a race or workout; and

(4) Each use of the device is reported to the stewards on a daily medication report as provided in COMAR 09.10.01.47B K and COMAR 09.10.02.39B F(3) and (4).

Md. Code Regs. 09.10.03.03

Regulation .03A amended effective April 28, 2003 (30:8 Md. R. 539)
Regulation .03C adopted as an emergency provision effective October 28, 2002 (29:23 Md. R. 1807); adopted permanently effective April 28, 2003 (30:8 Md. R. 539)
Regulation .03C amended effective August 15, 2005 (32:16 Md. R. 1392); amended effective 47:26 Md. R. 1108, eff. 12/28/2020