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(1) In applying the rules, the following definitions shall apply unless clearly inconsistent with the plain intent of the rule.

(2) Singular use of a term shall include the plural, and the masculine gender shall include the feminine, except where a particular context clearly requires a different meaning.

(3) Added money is the money an association adds to the fees paid by horsemen.

(4) Age of a horse is reckoned as beginning on the first day of January in the year in which the horse is foaled.

(5) Arrears means money due for entrance fees, jockey fees, nomination or supplemental fees in stakes races, purchase money in claiming races or default in any payment due incidental to the rules of racing or conditions of a race.

(6) Authorized agent is a person appointed on a notarized instrument, signed by the owner granting authority to act on behalf of the owner and filed with the board.

(7) Breeder of a horse is the owner of its dam at the time of foaling.

(8) Bred means the state in which a horse was foaled. In the case of foreign horses, the country in which it was foaled.

(9) Calendar day is 24 hours, ending at midnight.

(10) "Board" means the Montana Board of Horse Racing in this chapter.

(11) Breakage is the odd cents over any multiple of 10 cents in the amount calculated on a dollar basis of the pay-off computation made on a wagering pool.

(12) Declared means scratched as defined below.

(13) Directive means an official order issued by the board.

(14) "Entrant" or "entry" means according to the requirement of the text:

(a) a horse eligible to run in a race;

(b) for the purpose of simulcast only, two or more horses which are entered in a race by the same owner or trained by the same trainer.

(15) Equipment as applied to a horse means whip, blinkers, tongue strap, muzzle, hood, noseband, bit shadow roll, martingale, breast plate, bandage, boot, plates, and all other paraphernalia common or otherwise which might be used on or attached to a horse while racing.

(16) Field means:

(a) When the individual horses competing in a race exceed the capacity of the tote, the highest numbered horse within the capacity of the tote and all horses of a higher number shall be grouped together in the wagering and called the field.

(b) All horses competing in a race.

(17) Forfeit means money due because of an error, fault, neglect of duty, breach of contract or penalty.

(18) Horse includes filly, mare, colt ridgling, or gelding; when referring to sex, a filly becomes a mare when five years old; a horse is an entire male five years old or older.

(19) Jockey is a race rider whether a licensed jockey or apprentice.

(20) Law means an act passed by the Montana Legislature or the Congress of the United States.

(21) "Lessee" means a person who leases the horse from the actual owner (lessor) and is treated as the owner for racing purposes.

(22) Lessor means the actual owner of a horse.

(23) Licensee means a corporation, association, firm, political subdivision (fairs), or individual(s) receiving a license from the board to conduct parimutuel horse racing. The term licensee includes "persons" as used in 23-4-101, MCA.

(24) "License holder" is the individual or firm issued a license by the board.

(25) Maiden for purposes of eligibility at race meetings is a horse which, at the time of starting, has never won a race on the flat in any country.

(a) A maiden which has been disqualified after finishing first is still a maiden.

(26) Meeting is the entire period the licensee has been granted a license to conduct horse racing. Such meeting shall be deemed to open when the racing secretary opens the office for entries for the first day of racing and to close at midnight of the final day.

(27) Month is a calendar month.

(28) Nominator means the person in whose name a horse is entered for a stakes race.

(29) "Montana bred" is a foal born in Montana.

(30) "Owner" means sole owner or part owner of a horse.

(31) Place in racing means first, second, and third, and in the order of finish called, win, place, and show.

(32) Post position is the position assigned to a horse to start in a race.

(33) Post time means the time set for the arrival at the starting point of the horses in a race, and must be posted a reasonable time before a race.

(34) Quarter horse means a horse registered with the American Quarter Horse Association.

(35) "Race" is a contest between horses or mules for a purse and/or entry fees on a track under the jurisdiction of the board to be conducted under the parimutuel system of wagering with approved officials present.

(36) Race meet means that time construed to begin at the time the racing office is first open to accept entries and to end at midnight the last day races are held.

(37) Races means the following classifications:

(a) Allowance race means a race in which contestants receive weight allowance based on performance and/or winnings is stipulated in the conditions.

(b) Claiming race means a race in which any horse entered therein may be claimed in conformity with the rules.

(d) "Handicap" means a race in which the weights to be carried by the entered horses are assigned by the racing secretary for the purpose of equalizing their respective chances of winning.

(e) "Invitational handicap" means a handicap for which the racing secretary has selected the contestants and assigned the weights.

(f) Montana bred race means a race in which the contenders are Montana bred horses as stipulated in the conditions.

(g) Optional claim race means a race restricted to horses entered to be claimed for a stated claiming price and to those which have previously started for that claiming price or less. In the case of horses entered to be claimed in such a race, the race will be considered, for the purpose of these rules, a claiming race.

(h) Overnight race means a race for which entries close 72 hours or less before the time set for the first race of the day on which such race is to be run.

(i) Post race means a race in which subscribers announce at declaration time the horse or horses each intends to start, without limitations of choice other than prescribed by the rules and conditions of the race.

(j) Private sweepstakes means a race in which no money or other prize is added, and which, prior to closing, has not been advertised in publications or by circular or entry blank or in any other way.

(k) Produce race means a race in which the produce of previously nominated horses are eligible to enter.

(l) Purse race means a race for money or other prize to which the owners of the horses engaged do not contribute.

(m) Stakes race or sweepstakes means a race to which the nominator of the engaged entry contributes to a purse, to which money, or any other award, may be added, but no overnight race, regardless of its conditions shall be deemed to be a stakes race.

(n) Special weights means a race in which weight for age and/or sex is set by the conditions thereof.

(o) Walkover means a race in which two or more horses in different interest fail to contest a race; the race being contested by one horse only or horses representing one interest only.

(p) Weight for age means a race in which all horses carry weight according to an established scale based upon age without other penalties or allowances.

(38) Rules are the rules herein prescribed and any amendments and additions hereto.

(39) Ruled off means denial of entrance to premises of a licensee under the jurisdiction of the board.

(40) Scratched means withdrawal of a horse entered in a race after the closing of overnight entries.

(41) Scratch time means the time set for withdrawal of a horse entered in a race.

(42) Starter means:

(a) An official who dispatches the horses from the starting gate.

(b) A horse is a starter when the stall doors of the starting gate open in front of it at the time the official starter dispatches the horses.

(43) Stewards means the stewards approved for the meeting by the board.

(44) Subscription means a fee for eligibility of a horse in a stakes race.

(45) Suspended means withdrawal by the stewards or board of racing privileges.

(46) Thoroughbred is a horse registered with the New York Jockey Club.

(47) "Tote" or "tote board" means the totalizator system.

(48) Winner means, for purposes of eligibility at race meetings whose race records are recorded in an official chart book or the Daily Racing Form, a horse which, at the time of starting, has won a race on the flat in any country at a track whose racing records are recorded in an official chart or the Daily Racing Form.

(a) A horse which has been disqualified after finishing first is not a winner.

(b) A statement on the definition of a winner shall appear in every race program.

(49) Year means a calendar year.

(50) "Simulcast facility licensee" means a simulcast facility licensed by the board. The simulcast facility may be located either at a race track or at an outside location, and is deemed to be an extension of the host track during intrastate wagering and an extension of the simulcast network licensee during interstate wagering.

(51) "Simulcast network licensee" means an association licensed by the board to receive and/or originate intrastate simulcast race signals and relay them to licensed simulcast facilities; to receive interstate race signals and relay them to licensed simulcast facilities; and to manage statewide wagering pools on simulcast races.

(52) Track licensee means a corporation, association, firm, political subdivision (fair board, or individual(s)) licensed by the board to conduct live parimutuel horse racing at a race track.

(1) A hearing may be instituted by:

(a) Petition for review by any person who has had a license summarily revoked, suspended or denied or renewal refused by the board or its representatives, except where such person has waived or failed to avail himself of an opportunity for a hearing prior to such board action.

(b) Application for a license where such applicant is entitled by statute to a hearing upon making application.

(2) Contents of the petition:

(a) Facts sufficient to show the petitioner is entitled to the relief requested.

(b) The specific action, answer, or relief requested.

(d) The name and address of petitioner and any other person or persons necessary to the proceeding known to the petitioner.

(3) An original and two copies of the petition, either in typewritten or printed form, shall be filed with the board. A petition shall be deemed filed when received by the board.

(4) Service of petition, notices, orders and other matters:

(a) After the petition has been filed, the board shall dispatch by registered or certified mail a true copy of the petition together with a copy of the applicable rules of practice to all necessary parties as named in the petition. Such petition shall be deemed served on the date of mailing to the last known address of the person being served.

(b) All answers, motions, notices, orders and decisions except where otherwise provided shall be served upon all other parties personally or by regular mail to their last known address. For the purpose of this rule, the word "parties" includes the board.

(5) Answers to petitions will not be required. Where no answer is filed with the board, all allegations of the petition will be deemed denied. If an answer is made, it shall be filed within 15 days from the date the petition is served upon any party in interest.

(6) Motion for more definite statement.

(a) The board on its own motion or upon the motion of any interested party, may order that the allegations in the petition be made definite and certain. Such order, if by the board of its own motion, shall be entered within 15 days of the filing of the petition; if said order is based upon the motion of an interested party, the motion must have been filed with the board within 15 days from the date of service on the party in interest. The petitioner shall have 15 days after notice of such order to comply. Allegations complained of may be stricken upon failure to comply with such order.

(7) Amendment of petition.

(a) At any time more than 10 days prior to hearing, the petitioner may amend his petition, which amendment shall be filed and served in the manner provided for service of original petitions. After that time, amendment may be allowed at the discretion of the board.

(8) Withdrawal of petition.

(a) The petitioner may withdraw his petition at any time prior to hearing without prejudice.

(1) A hearing may be instituted by notice from the board or the department in conformity with the Montana Administrative Procedure Act.

(2) Hearings will be conducted under the Montana Administrative Procedure Act.

(1) Any person having an interest in the subject matter of any proceeding may petition for leave to intervene in such proceeding and may become a party thereto, if the board finds that such person may be bound by the order to be entered in the proceeding or that such person has a property of financial interest which may not be adequately represented by existing parties.

(1) Each party may be represented by counsel.

(2) Any individual may appear for himself, and any member of a partnership which is a party may appear for such partnership. An officer or an employee of a corporation, association, partnership or of any individual may appear for such corporation, association, partnership or individual upon establishing his authority to so appear.

(1) Either the applicable board of stewards or the board of horse racing may stay the imposition of a fine, license suspension and/or other penalty that results from a summary hearing conducted by the stewards with respect to violations of the rules of the board and the Montana Code Annotated.

(1) In accordance with 2-4-611, MCA, a hearing examiner may be appointed to preside over administrative contested case proceedings under the jurisdiction of the board of horse racing. In those instances in which hearing examiners are appointed, the powers of the board defined by these administrative rules of procedure shall be available to the hearing examiner. The board of horse racing retains jurisdiction under 2-4-202, MCA, to make all final orders.

(1) Unless otherwise expressly provided, these rules apply with equal effect to live races and simulcast races and parimutuel wagering thereon.

(1) The stewards shall conduct summary hearings with respect to the violations of the rules of the board and Montana Code Annotated which have occurred during the period of a race meeting.

(2) The stewards shall hear the violations which have been committed at the race meeting for which they were appointed. The stewards shall rule upon each violation according to the appropriate rules of racing and shall report their ruling to the board promptly thereafter.

(3) Any persons affected by a ruling of the stewards may appeal to the board in the manner prescribed by the following rules of procedure:

(a) No appeal shall be heard by the board and there shall be no appeal taken unless a written petition is filed with the board not later than 15 days after issuance of the order, regulation, rule or ruling.

(b) No appeal of a steward's decision disqualifying a horse in a race shall be heard by the board and there shall be no appeal taken until the stewards are notified before release of purses, and unless a written petition is filed with the board not later than three days after issuance of the ruling.

(4) All cases, except appeal of a stewards' decision disqualifying a horse in a race, shall be tried de novo on appeal to the board.

(5) In cases involving appeal to the board of a stewards' decision disqualifying a horse in a race the decision of the stewards shall not be changed unless:

(a) The board determines that there was collusion affecting the stewards' decision; or

(b) The board determines that actual bias or prejudice on the part of one or more stewards affected the stewards' decision; or

(c) The stewards' decision was the result of an incorrect interpretation of a statute or rule applicable to the circumstances of the race; or

(d) The stewards' decision was clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record.

(1) In accordance with 23-4-106 , MCA, the department shall appoint an executive secretary.

(2) The executive secretary shall:

(a) supervise race meets and oversee all activities of all racing officials;

(b) hire and supervise all state racing officials for the department;

(d) make inquiries into the financial dealing and solvency of any licensee;

(e) handle complaints and make recommendations to the board in their regard;

(f) prepare agendas for all board meetings;

(g) schedule hearings and have hearing examiners appointed;

(h) perform other duties as directed by the board;

(i) hire staff to assist him in performing his duties;

(j) maintain and preserve the official records of the board;

(k) approve all racing officials;

(l) disburse funds; and

(m) represent the board with the department.

(1) Every license to hold a race meeting, live or simulcast is granted by the board upon the condition that the licensee shall enforce the laws of Montana and shall observe and enforce all rules of racing and board directives. Failure to comply may constitute sufficient cause for revocation of license by the board.

(2) Any corporation, association, organization, political subdivision (fairs) , partnership or individual desiring to conduct parimutuel wagering on live or simulcast horse races or to engage in horse race meetings shall apply to the board for dates and a license.

(3) The application for a license to conduct a live race meeting with parimutuel wagering during the next succeeding season of racing must be filed with the secretary of the board over the signature of the applicant or the signature of an executive officer of the applicant no later than November 1, unless, for good cause shown, the board shall otherwise permit.

(a) The application for a license to conduct a simulcast meeting with parimutuel wagering must be filed with the secretary of the board over the signature of the applicant or the signature of an executive officer of the applicant and may be filed at any time, and will be reviewed by the board as submitted.

(4) The application shall specify the days on which such races or meetings are to be held, the name or names of the applicant or applicants desiring the license together with the location and the enclosure where the same are to be held. If the application is for a license to conduct a live race meeting and the applicant desires to use the parimutuel system in connection with simulcast interstate or intrastate races, the application shall specify which simulcast races it desires to use the parimutuel system with. The board may require additional data and information in writing or it may require the applicant to appear before it. Each application to conduct a race meeting will be handled on an individual basis by the board, and the board will approve those race meetings it deems appropriate. Each application to conduct a live race meeting shall include:

(a) proof of financial stability;

(b) names of stockholders, firm members, association members, directors, or executive officers;

(d) a description of security measures.

(5) Each application to conduct a simulcast race meeting will be handled on an individual basis by the board. Each application for a simulcast network or simulcast facility license shall include:

(a) proof of financial stability;

(b) names of stockholders, firm members, association members, directors and executive officers;

(d) a description of security measures; and

(e) copies of all contracts for simulcast broadcasting of races and parimutuel systems.

(f) A simulcast network license applicant must also demonstrate the ability to operate statewide parimutuel pools on races that are conducted out of state.

(6) The board may refuse to issue a license to conduct a live race meeting whenever, in its judgment, such refusal shall appear to be in the best interest of Montana horse racing. Attention will be given to the following considerations:

(a) opportunity for the sport of horse racing to properly develop;

(b) avoidance of competition between licensees which may cause hardship;

(d) the character and reputation of the individuals identified with the undertaking;

(e) tenure of race meet.

(7) The board may refuse to issue a license to conduct a simulcast race meeting whenever, in its judgment, such refusal shall appear to be in the best interest of Montana horse racing. Attention will be given to the following considerations:

(a) the best interests of live racing facilities in Montana;

(b) avoidance of competition between licensees which may cause hardship or be counterproductive or wasteful;

(d) the experience, past record and present status of individuals identified with the business of the applicant, which demonstrate that the applicant is likely to conduct its business in compliance with the laws.

(8) If there are two or more applications requesting licenses to conduct live race meetings on one or more identical dates the applicant shall be notified and a hearing will be held in conformity with subchapter 3. If the board refuses to allot dates or issue a license for a race meeting for any reason other than conflicting dates, the applicant refused dates or a license may appeal to the board and a hearing will be held in conformity with subchapter 3. Criteria for the award of race meetings and race dates when there are two or more applications for identical dates shall include, but not be limited to, the following:

(a) interest of the state;

(b) interest of the track owner;

(d) track facilities;

(e) geography;

(f) skill in management;

(g) financial stability of applying track;

(h) opportunity for the sport of horse racing to develop;

(i) hardship that may be caused by awarding overlapping race dates;

(j) extent of community support for the promotion and continuance of race meets or race dates;

(k) character and reputation of the individuals identified with the undertaking;

(l) tenure of race meets being considered.

(m) No applicant has a vested right to race dates. The board may award all, none or part of the race dates applied for. No single criterion is compelling or binding on the board.

(9) If there shall be two or more applications requesting licenses to conduct simulcast race meetings on one or more identical dates in the same county the applicants will be notified and a hearing will be held in conformity with subchapter 3 hereof. If the board refuses to issue a license for a simulcast race meeting, the applicant refused a license may appeal to the board and then a hearing will be held in conformity with subchapter 3 hereof. Criteria for the award of simulcast race meetings and simulcast race dates when there are two or more applications for identical dates in the same county shall include, but not be limited to, the following:

(a) interest of the state;

(b) the best interest of live racing facilities within the state;

(d) simulcast facilities;

(e) geography and location;

(f) experience, skill and integrity in management;

(g) financial stability of applicant;

(h) opportunity for the sport of horse racing to develop;

(i) hardship that may be caused by awarding overlapping simulcast race dates;

(j) extent of community support for the promotion and continuance of simulcast race meets or simulcast race dates;

(k) character and reputation of the individuals identified with the undertaking; and

(l) tenure of simulcast race meets being considered.

(m) No applicant has a vested right to race dates. The board may award all, none or part of the race dates applied for. No single criterion is compelling or binding on the board.

(10) Every track licensee shall have on file with the board at least ten days prior to the opening of any race meeting, a copy of an adequate liability insurance contract covering all persons at the race meeting.

(11) Every simulcast network and simulcast facility licensee shall have on file with the board at least ten days prior to the opening of any race meeting, copies of an adequate public liability insurance contract covering all persons who may be in attendance at the facility, and an adequate accident insurance contract covering all employees working at the facilities.

(12) No license or any part thereof is transferable or assignable without the express written consent of the board. No license, or any part thereof, is refundable.

(13) Any request by a licensee to relinquish or cancel dates allotted to said licensee shall be filed in writing with the board within 30 days after the final awarding of dates for the ensuing racing season. The board will then consider whether or not to grant the request to relinquish, and shall notify the licensee in writing of its decision. If a date relinquishment is granted by the board, any other applicant may request the vacant dates. A date relinquishment may be denied by the board, and failure of a licensee to conduct racing on all dates allotted to the licensee by the board thereafter shall subject the licensee to a fine not to exceed the sum of $500 per day for each racing day allocated and not used, unless such non-use or cancellation of racing was due to fire, riot, strike, inclement weather, act of God or other causes deemed excusable by the Board of Horse Racing.

(14) Each licensee shall submit to the board for approval a list of all officials indicating the position they are to fill and shall include relevant personal data on each individual sufficient to permit processing and licensing. The list shall be submitted in writing at least 30 days prior to the first day of scheduled racing. All additions or changes in the list of officials and employees shall be immediately reported in writing to the board. No racing official shall be qualified to act until board approval has been given. In cases of emergency the licensee may employ a substitute official to be approved by the board within 24 hours.

(15) Each track licensee shall employ the following officials:

(a) a director of racing;

(b) a racing secretary;

(d) paddock judge;

(e) a starter;

(f) an identifier;

(g) a jockey room attendant, and such other officials and employees as required by the board or deemed necessary according to the requirements of the particular racing operation;

(h) security director.

(16) Each simulcast network licensee shall employ a director of simulcast network.

(17) Each simulcast license facility licensee shall employ the following officials:

(a) a director of the facility;

(b) parimutuel employees.

(c) One person may hold more than one license and serve more than one official position under this provision, except where the board determines to the contrary.

(18) Upon prior approval by the board, any official employed by the licensee may act in a dual capacity to avoid financial hardship. However, proper supervision of racing in accordance with the rules of racing must be maintained at all times. The board may require that additional officials be present at race meetings and in such event will so notify the licensee, see ARM 32.28.701(1) .

(19) Members of the board and its designated representatives shall have the right to full and complete entry to any and all parts of the grounds and mutuel plants of the licensee.

(20) Each licensee shall provide within its grounds an office for the use and to be at the disposal of the board, its representatives and officials.

(21) The board or its designated representatives shall visit and inspect each race meeting. Each licensee shall make available to the board and mark accordingly a box of four seats for their use throughout each day of the race meeting. The private cars of the board members shall have access to the restricted parking area of all licensed tracks.

(22) Each licensee shall police its grounds at all times in such manner as to preclude the admission of any person in and around the stable area, except those persons licensed by the board and having bona fide business in the stable area, and the employees of the licensee.

(23) Each licensee shall exclude from the paddock, in the interest of public safety, all persons having no immediate business with the horses entered, except members of the board and their duly assigned representatives and individuals having special permission from the licensee.

(24) A track licensee shall conduct live parimutuel horse racing only between the hours of 12 noon and sunset unless otherwise specifically authorized by the board.

(25) Licensee shall not allow more than eight horses to run in any race upon a half mile track without special authorization from the board.

(26) The number of races over 12 per day at all tracks shall be subject to the approval of the board.

(27) Post-time of the first race at each live race meeting must be approved by the board.

(28) Each track licensee shall file with the board the condition of races it proposes to hold, together with the stake and purse schedule, no later than March 1. Failure of a track licensee to submit its stakes conditions on or before March 1 shall subject the licensee to a fine of $25 for each day the submission is late, to be paid before issuance of the track license. In any stakes race, the conditions for said races shall be submitted to the board for approval prior to circulation of any such information by a licensee.

(29) Each track licensee conducting a live race meeting shall provide and maintain, each day that their tracks may be opened for racing horses, both a human ambulance and a horse ambulance equipped and ready for immediate duty, 30 minutes prior to the first race and until after completion of the last race.

(30) Each track licensee conducting a live race meeting shall provide adequate first aid for patrons and participants. The board may at any time require the expansion of these facilities. The extent of first aid required shall be considered on an individual basis by the board.

(31) Each track licensee shall promptly pay all purse money and all Montana breeders' bonuses, and in no event shall the payment of the winning purse be delayed more than five days after the licensee is notified to release the purse by the stewards. All other purse payments shall be made or made available within 48 hours after they have been earned.

(a) All breeders' bonuses shall be paid to the board within 14 days after they have been earned.

(b) The board shall distribute the breeders' bonuses to the appropriate breeders within 30 days of the end of the race meet in which the bonus was earned.

(32) Each licensee shall make adequate provision for toilets, showers, and drinking water for the use of jockeys, which shall be conveniently located on the grounds; and such additional toilet, shower, and drinking water facilities as may be necessary for the comfort and convenience of license holders, employees of the licensee and its patrons.

(33) Licensees shall at all times maintain their facilities in good condition with special consideration for the comfort and safety of the public, of the horses stabled, exercising or entered to race, and of all whose business requires their attendance at the track. The licensee shall have available adequate and proper implements to maintain a uniform racing surface, weather conditions permitting.

(a) The licensee shall take cognizance of any complaint regarding the safety of its race course or premises, and shall maintain in safe condition the race course and all rails and other equipment required for the conduct of its races.

(34) Each licensee shall provide adequate protective facilities to prevent tampering with horses or other corrupt practices at licensed race meetings. The board may at any time require the licensee to expand the protective services. The extent of protective services to be furnished shall be determined on an individual basis by the board.

(35) Each licensee conducting a race meeting shall furnish racing colors. A color must be assigned to each post position and shall be standard for the state. The standard colors for all race tracks shall be:

(a) red - post position #1

(b) white - post position #2

(d) yellow - post position #4

(e) green - post position #5

(f) black - post position #6

(g) orange - post position #7

(h) pink - post position #8

(i) turquoise - post position #9

(j) purple - post position #10

(36) Each color assigned to a post position must be indicated directly below the number of the post position in the official program. No person shall start a horse in racing colors other than those set as standard colors above, except in case of emergency a temporary change from a standard color of a post position may be approved by the stewards; such a change must be posted by the clerk of the scales on the bulletin board together with the number of the horses as exhibited after weighing out. The use of colors which are not neat, clean and proper in all respects shall not be permitted.

(37) Licensed owners and trainers participating in licensed meeting shall be able to purchase feeds and supplies on the open market. Licensees may grant exclusive concessions on the grounds so long as owners and trainers are allowed to purchase off the grounds.

(38) The licensee is to set apart a building or other enclosure in a building in a location acceptable to the board containing such facilities for medication or other testing of horses as may be required.

(39) Each licensee shall make adequate provisions for fire prevention and fire suppression within the race meeting premises.

(40) Each licensee shall cause the race track to be surveyed by a registered land surveyor who is licensed to do business in Montana. A certificate of survey of the race track by the surveyor shall be filed with the board upon the board's request. The finish line and all racing distances shall be clearly marked on both sides of the track.

(41) All distance poles/markers shall be painted as follows:

(a) 1/4 red and white

(b) 1/8 green and white

(42) Permanent markers must be located at each standard quarter horse distance. Markers must be located where they can be seen clearly from the judge's stand. Each pole is to be painted a standard color.

(a) 220 yards - white

(b) 250 yards - blue

(d) 330 yards - green

(e) 350 yards - red

(f) 400 yards - black

(g) 440 yards - orange

(43) Each racing licensee shall police its grounds at all times in such manner as to preclude the admission of any person in and around the stables excepting those being duly licensed by the board or authorized by the licensee. If the board finds that the stables of a licensee are not properly policed and unauthorized persons are found in and around the stables, the licensee may be fined an amount not exceeding $200, in the discretion of the board for each day in which the infraction was found to occur.

(44) Each licensee shall provide a communication system approved by the board between the stewards' stand and the starting gate, paddock, patrol judge's stand, the clerk of scale, jockey's room and racing secretary, and the parimutuel area.

(45) No photographer, other than the official licensed photographer, shall be permitted on the track unless special permission is granted by the stewards or the board, and then only for such pictures as are specifically mentioned, and in such places as are indicated by the stewards or the board.

(46) Each licensee at the end of their race meet shall provide the board with evidence that the following have been paid in a timely manner:

(a) all purse money;

(b) all breeders' awards;

(47) All stakes payments, nomination fees and entrance fees shall be placed in an account separate from any other account containing operating capital used by a licensed track. No stakes payments, nomination fees, or entrance fees may be used for operating expenses, except for a percentage of the account authorized by the Montana Board of Horse Racing, and interest generated on the account. The board or its representative shall audit the stakes accounts on a monthly basis. The account balance shall be reported as part of the bookkeeping records.

The following fees shall be charged annually:

(1) Trainer $50

(a) Assistant trainer 50

(2) Owner 50

(3) Owner-trainer 50

(4) Track license 350

(5) Jockey 50

(6) Jockey apprentice 35

(7) Jockey agent 35

(8) Authorized agent 25

(9) Stable name 35

(10) Parimutuel

(a) Parimutuel manager 25

(b) Track auditor 50

(d) Tote employee 25

(e) Parimutuel employees at live race meets

and simulcast races 15

(11) Official

(a) Racing secretary 35

(b) Official veterinarian 35

(d) Director of racing 25

(e) Identifier 25

(f) Paddock judge 25

(g) Racing secretary assistant 25

(h) Steward-track 25

(i) Starter 25

(j) Track superintendent 25

(k) Custodian jockeys' room 25

(l) Clerk of scales 25

(m) Handicapper 30

(n) Timer 25

(o) Horsemen's bookkeeper 25

(p) Office personnel 25

(12) Occupational

(a) Veterinarian practicing $50

(b) Plater 35

(d) Exercise person 30

(e) Groom 25

(f) Valet 25

(g) Photo manager 25

(h) Outrider 25

(i) Pony person 25

(j) Tip sheet seller 25

(k) Photo company 180

(l) Gate attendant 25

(m) Photo employee 25

(n) Security staff 25

(o) Starter assistant 25

(p) Veterinarian assistant 25

(q) Others not listed 25

(r) Track maintenance 25

(s) Spouse/family 25

(t) Director of simulcast network 40

(u) Director at simulcast facility 40

(v) Chart company employee 25

(w) Simulcast site or network license 140

(x) Lessor 50

(y) Program company 125

(13) Shareholder owner 50

(14) Not requiring licenses but requiring identification (Children over 6 years of age and under 16 years of age.) 15

(15) Duplicate license or lost ID cards 15

(16) Former MBOHR board members 0

(17) Pioneer License 0

(30+ years in the industry, not currently licensed, and must be approved by the State Steward.)

(1) Under 23-4-204 , MCA, the track licensee conducting a live race meet shall pay a sum equal to 10% of the first place money of every purse won by a horse bred in this state to the board for a breeder bonus, within 14 days after the bonus has been earned. The board shall distribute the breeders' bonuses to the appropriate breeders within 30 days of the end of the race meet in which the bonus was earned. Only the money contributed by the track licensee conducting the live race meet may be considered in computing the breeder bonus.

(2) The track licensee conducting a live race meet shall pay a sum equal to 10% of the first place money of every purse won by a horse bred in this state to the board for an owners' bonus, within 14 days after the bonus has been earned. The board shall distribute the owners' bonuses to the appropriate owners within 30 days of the end of the race meet in which the bonus was earned. Only the money contributed by the track licensee conducting the live race meet may be considered in computing the owner bonus.

(3) Track licensees conducting a live race meet may, under 23-4-204 , MCA, utilize a portion of funds generated by 3% of exotic wagering on a simulcast race, as deposited in the state special revenue fund account and approved by the board, in order to pay breeder and owner bonuses.

(1) Track licensees conducting a live race meet may, with prior approval of the board, under 23-4-204 , MCA, utilize a portion of funds generated by 3% of exotic wagering on a simulcast race, as deposited in the state special revenue fund account, in order to pay jockey incentive awards.

(2) The jockey incentive award program will award an amount of money to all remaining eligible jockeys at the end of each live race season, if all other incentive award program requirements in this rule are met. The board will compile the point totals and determine eligibility on a weekly basis. The board is the final authority on point totals, eligible jockeys and amounts to be paid at the end of each live race season.

(3) All jockey incentive award program points are cumulative throughout the live race season. All points expire at the end of the current year's race season. The jockey incentive program shall be calculated as follows:

(a) First place finish five points

(b) Second place finish four points

(d) Fourth place finish two points

(e) Fifth through tenth place finish one point

(f) Jockeys named on a horse that is scratched one point

prior to the race

(4) A jockey must be properly licensed by the board, in good standing, and not under suspension or revocation from any racing jurisdiction to participate in the jockey incentive award program. Jockeys whose licenses are suspended or revoked during the current live race meet season shall forfeit their point totals for that race season.

(5) A licensed jockey must ride in at least 20 races in Montana, and must ride at all but one of the licensed tracks in a live race meet season, including riding at least 50% of the race days offered at each meet, in order to be eligible for participation in the jockey incentive award program.

(6) A licensed jockey meeting the 20 race minimum who is injured during the course of the current Montana live race season may keep any current season points earned to the time of the injury. The injury must prohibit the jockey from riding in any racing jurisdiction during the remainder of the current Montana live race season.

(7) In the event at least 50% of the race days are cancelled at any track during the current Montana live race season, a jockey not meeting the requirements of (5) due to the cancellation(s) shall retain the jockey's points earned during the current Montana live race season, providing the jockey had been named on horses for the cancelled day(s).

(1) Prior to the beginning of the live racing season, all funds collected under 23-4-202, MCA, to the board’s state special revenue account, including percentages collected on live handle, winter simulcast handle, and summer simulcast handle, shall be distributed by the board to each live race meet licensed by the board. The licensees must use all funds distributed by the board for track purses except for the percentage amount set by the board for track operations or other purposes approved by the board.

(2) The track licensees shall pay purses during the live race meet from funds distributed by the board by expending:

(a) first, any carryover from the previous year;

(b) second, winter simulcast funds designated for purses;

(d) fourth, all summer simulcast funds designated for purses if available to the track under (4).

(3) All live handle funds and winter simulcast funds must be paid out as purses during each current live race meet.

(4) Summer simulcast funds, or any portion thereof, may be carried over for use by the track licensee during the following season’s live race meet if doing so will not cause current live race meet purses to fall below the previous year's purse structure. Any summer simulcast funds not used by a track licensee for the current live race meet will be retained by the board for the exclusive use of the designated track licensee, and may be carried over to be paid to the track licensee by the board prior to the following season’s live race meet.

(5) Any funds retained by the board as summer simulcast carryover will be forfeited to the board if the track licensee does not apply for or is not granted dates for the following live race season in Montana. The forfeited funds shall be distributed to the remaining live race track licensees by percentage based on amount of handle during the prior live race season. This section shall not apply if the board approves a track licensee’s request to utilize all available simulcast and other funds under (6).

(6) If a track licensee receives a jockey injury claim or claims which will require payment of additional insurance deductible amounts beyond a prepaid deductible amount required by an insurance company in advance of the race season, the track may request approval from the board to use carryover funds, winter and summer simulcast funds, and all other funds to pay the additional deductible debt. The track licensee shall specify which of the following methods it has chosen for payment of the debt:

(a) the track licensee will cease live racing and refrain from applying for future race dates. All carryover funds then held by the board will be immediately disbursed to the track licensee for payment of the jockey injury insurance deductible debt. Any future winter and summer simulcast funds, plus all other funds collected by the board and previously earmarked for that track licensee will continue to be collected by the board and disbursed to that track licensee on a payment schedule selected by the track licensee until the insurance deductible debt is paid in full. The board will then cease collecting or earmarking funds of any type for that track licensee and will redistribute these funds among the remaining live race track licensees; or

(b) the track licensee will continue its live racing program and will apply for future race dates. Any carryover funds, plus future winter and summer simulcast funds, plus all other funds collected by the board and earmarked for that track licensee will continue to be collected by the board and disbursed on a payment schedule selected by the track licensee until the insurance deductible debt is paid in full. The amounts disbursed for payment of the insurance deductible debt will be deducted from the purse and operations amounts disbursed by the board to that track licensee prior to the track licensee’s live race season.

(1) It shall be the duty of each official to enforce state statutes pertaining to racing, rules of racing and directives issued by the board, orders and rules issued by the stewards, and all rulings as they may pertain to his official jurisdiction. Any official who fails to comply with this rule may be fined, suspended or dismissed by the board. Each official shall be required to sign a confidentiality statement, on a form prescribed by the board, before beginning his/her official duties. The statement shall provide, at a minimum, that unauthorized release of confidential information shall be grounds for termination and/or license discipline.

(2) Classified as major officials are the following:

(a) stewards;

(b) racing secretary;

(d) official veterinarian;

(e) state security;

(f) director of racing;

(g) assistant racing secretary;

(h) parimutuel manager;

(i) director of simulcast network; and

(j) horsemen's bookkeeper.

(3) Classified as minor officials are the following:

(a) handicapper;

(b) paddock judge;

(d) timer;

(e) clerk of scales;

(f) custodian of jockey room;

(g) stable superintendent;

(h) track superintendent;

(i) track manager;

(j) outrider;

(k) director of simulcast facility;

(l) assistant starter; and

(m) valet.

(4) No official shall act and the licensee shall not make any payment for any official's services, until said official is approved by the board and properly licensed, provided, in case of emergency, the licensee may appoint a substitute official for one race day.

(5) No major official specified in (2) (a) through (j) may actively or passively participate in a race meet, nor may a major official's spouse nor any other person who has a permanent or continuous residence in the household of the official actively or passively participate in a race meet, at which the major official is serving in an official capacity.

(a) "Active" participation shall include owning, training or wagering on a race horse.

(b) "Passive" participation shall include galloping, shoeing, ponying or transporting a race horse. The term does not include grooming.

(6) No minor official specified in (3) (a) through (k) may actively participate (as defined in (5) (a) above) , at a race meet at which the minor official is serving in an official capacity.

(7) No official shall participate in the sale, purchase or ownership of any horse racing at any race meet at which he is serving in an official capacity.

(8) No racing official shall directly or indirectly buy or sell any contract with any jockey or apprentice jockey for himself or another, nor shall he write or solicit horse insurance.

(9) No racing official shall directly or indirectly wager money or anything of value on the result of any race at any licensed race meeting at which he is serving in his official capacity.

(1) The clerk of scales shall weigh jockeys out and in, and he shall record and publish any overweight or variation from the weight appearing on the card.

(2) The clerk of scales shall record and publish on the notice board any overweight or any change of jockey, weight, or racing colors, as compared with those stated on the official program and shall promptly supply all proper racing officials with all pertinent changes.

(3) The clerk of the scales shall promptly report to the stewards any infraction of the rules with respect to weight, weighing in, or riding equipment.

(4) If the overweight is more than two pounds in excess of the weight the horse is to carry, trainer consenting, the jockey shall declare the amount of overweight to the clerk of scales at least 45 minutes before the time appointed for the race. Failure on the part of any jockey to comply with this rule shall be reported to the stewards.

(5) Every jockey must be weighed for a specified horse not more than 30 minutes before the time fixed for the race.

(6) If a horse runs in muzzle, martingale or breast plate, they must be included in the jockey's weight. His weight shall also include his clothing, boots and saddle and its attachments.

(7) None of the following items should be included in a jockey's weight:

(a) whip;

(b) head number;

(d) bit reins;

(e) number cloth;

(f) blinkers or protective helmet;

(g) safety vest.

(8) No bridle shall exceed two pounds in weight and no whip or substitute for whip shall exceed one pound in weight unless approved by the stewards.

(9) No safety vest shall exceed two pounds in weight.

(10) No horse shall carry more than seven pounds over-weight without first being approved by the stewards.

(11) The licensee shall provide the only attendants who will be permitted to assist jockeys in weighing out.

(12) The clerk of scales shall weigh in all jockeys after each race, and after weighing, shall notify the stewards if the weights are correct.

(1) It shall be the duty of the custodian to see that order, decorum, and cleanliness are maintained at all times in the jockey and scale room.

(2) No person, other than racing officials and the necessary attendants shall be allowed in the jockey room without express permission of the stewards.

(1) The identification of horses in the paddock shall be made by the horse identifier. The identifier shall report any identification irregularities to the stewards. No horse shall be permitted to start that has not been fully identified by the official identifier.

(1) The paddock judge shall be in charge of the paddock and shall have general jurisdiction over the saddling equipment and changes thereof; and any additional duties as determined by the stewards.

(2) The paddock judge shall report any irregularities to the stewards.

(1) The racing secretary shall be in attendance on the grounds throughout the race meet.

(2) The racing secretary shall discharge all duties required by the racing rules and report to the stewards as the case demands, all violations of these rules. The racing secretary shall record races won on the horse registration papers, not later than the day following the race having been won.

(3) The racing secretary shall be responsible for:

(a) an official program for each racing day, which shall state the time fixed for the first race and give the names of the horses which are to run in each of the races of the day; and

(b) any error to the board or commission in the official program for each racing day, except the racing secretary shall not be responsible for errors in past performance lines obtained from a chart company.

(4) The program shall indicate the order in which each race is to be run, the purse, conditions, distance of each race, the owner, trainer, and jockey of each horse, all racing colors, the weight assigned to each horse, its number and post position, color, sex, age and breeding. The program may show other pertinent data.

(5) The racing secretary shall keep a complete record of all races, including the following information;

(a) total purses paid for meeting, including added money in stakes;

(b) list of all stake races;

(i) total added money,

(ii) total money contributed by horsemen.

(i) total purses paid to Montana bred races,

(ii) total of above paid by horsemen,

(iii) total amount of purse paid to all Montana bred winners and including the amount paid as breeders award.

(d) complete list of all horses claimed, listing claiming price and date of claim.

(6) It shall be the duty of the racing secretary to:

(a) assign to applicants such stabling as the racing secretary may deem proper to be occupied by horses in preparation for racing; and

(b) determine all conflicting claims for stable privileges.

(7) As soon as the entries have been closed and complied, and the declarations have been made, the racing secretary shall post in a conspicuous place in the racing secretary's office a list of the entries and declarations. Any newspaper desiring the list shall be furnished a copy.

(8) The racing secretary shall determine the weight for each horse in every handicap and post the same, and no alterations shall be made after posting except in the case of omission, through error, of the name or weight or a horse duly entered, in which case, by permission of the stewards, the omission may be rectified.

(9) The racing secretary shall be responsible for all registration certificates and a receipt shall be issued to the owner or trainer depositing such registration certificates with the racing secretary.

(1) The security director shall be responsible for maintaining security at the race track. The security director shall be in charge of the backside and frontside areas, and the parimutuel area. The security director is authorized to provide for the removal of unauthorized persons from restricted areas and for the removal of persons causing disturbances upon the premises of the race track.

(1) The starter shall give orders to secure a fair start. After reasonable efforts, if a horse cannot be led or backed into position, the starter shall order the horse to be scratched and notify the stewards. The start must not be delayed on account of a bad-mannered horse. When the stall gate is used, it shall be placed on the track at the discretion of the starter.

(2) The starter shall secure the stewards' approval on the order of loading horses in the starting gate.

(3) All races shall be started by a starting gate approved by the board, except that with permission of the stewards, a race may be started without a gate. When a race is started with or without a gate, there shall be no start until, and no recall after, the assistant starter has dropped the flag in answer to that of the starter.

(4) With the steward's approval, the starter shall approve and supervise assistant starters who have demonstrated they are adequately trained to safely handle horses in the starting gate. In emergency situations, the starter may appoint qualified individuals to act as substitute assistant starters, if the individuals are properly licensed as assistant starters by the board.

(5) The starter shall ensure that a sufficient number of assistant starters are available for each race, which shall include one assistant starter per horse in the race plus at least one assistant starter to shut the tailgates.

(6) The starter shall assign the starting gate stall positions to assistant starters and notify the assistant starters and the stewards of their stall positions no more than 30 minutes before post time for the first race. The assigned starting gate stall positions shall remain as assigned throughout the total duration of the day's races.

(7) Horses shall be schooled under the supervision of the starter or the assistants and the starter shall designate the horses to be placed on the schooling list, a copy of which shall be posted in the office of the racing secretary.

(8) The starter shall approve all first time starters before they are allowed to start.

(9) To ensure readiness and availability for emergencies or starting gate malfunctions, the starter shall remain at the starting gate location throughout the duration of the race day, except for reasonable comfort breaks. The starter shall report to the stewards any irregularities or disobedience to the starter's orders and the stewards shall deal with it accordingly.

(10) When a door of the starting gate fails to open as a starter dispatches the field because of faulty action or other causes, it shall be reported immediately to the stewards by the starter. The stewards shall post the inquiry sign and have the announcer alert the public to hold all mutuel tickets. The stewards shall then view the films to determine if the gate or gates failed to open when the starter dispatched the field and rule accordingly.

(1) Stewards are selected as follows:

(a) The board shall maintain a listing of the licensed racing officials who are qualified for the position of steward, and the selection of stewards shall be made by the board from this list. There shall be three stewards to supervise each race meet, who will comprise the Board of Stewards for the race meet. One steward shall be designated by the board to be the presiding steward. All stewards shall be compensated by the board at an amount set by the board. The selection of stewards for a race meeting shall be made as soon as possible after the allocation of dates for a racing meet, but in no event later than 30 days before the race meeting.

(b) The board shall refuse to license as a steward any person not having sufficient training or education to meet the requirements of the office.

(c) Eye tests shall be given by competent opticians to all stewards, when directed by the board, the test to include particularly distance and colors, and the original reports thereof shall be kept on file at the office of the board.

(d) Failure of any steward to enforce the rules of racing or to meet the responsibility of the office shall be just cause for the board not to approve licensure as a steward in future years.

(2) The state steward shall supervise the conduct of the racing officials and shall have full authority to enforce the rules adopted by the board or as provided by the laws of Montana and such additional duties as set forth in the rules or as ordered by the board.

(3) The state steward shall represent the board in all matters pertaining to the interpretation of the rules as prescribed by the board. At the close of each race meeting the state steward shall make a written report to the board of the condition of the meeting and any recommendations he deems advisable.

(4) The stewards shall be strictly responsible to the board for the conduct of all racing meetings in every detail, directly or indirectly pertaining to the laws and rules of the board relating to racing.

(5) The stewards have general supervision over owners, trainers, jockeys, grooms or other persons attendant on horses and also over the premises where the meeting is conducted.

(6) Should any case occur which may not be covered by the rules of racing herein outlined, it shall be determined by the stewards of the race meet in conformity with justice and in the interest of racing; and the stewards of the meeting are hereby given authority to exercise their full power, recommending to the board the imposition of more severe penalties, if in their judgment the penalty should be more drastic.

(7) All entries and declarations shall be under the supervision of the stewards.

(8) The stewards' jurisdiction in any matter extends for 30 days after the conclusion of the race meeting, and commences at such time as entries are taken for the first day of racing at such meeting. The stewards may suspend the license of anyone whom they have the authority to supervise for a period not to exceed two years, or they may impose a fine not to exceed $1000, or they may impose both such fine and suspension. All such fines and suspensions shall be reported to the board.

(9) Interest on fines levied or imposed by stewards is payable at the rate of 10% per annum.

(10) Penalty on fines levied or imposed by stewards is payable at the rate of 50% in all cases in which the fine is not paid within 30 days after the order imposing the fines becomes final and effective.

(11) Where the penalty the stewards have jurisdiction to impose is insufficient in the opinion of the stewards, they shall so report to the board, and they may order the suspension of the licensee and refer the matter to the board. In such event, the board shall accept the matter for hearing and adjudication.

(12) The stewards are vested with the power to determine the extent of disqualification in case of fouls. They may place the offending horse behind such horses as in their judgment it interfered with, or they may place it last.

(13) On each racing day at least one steward shall be on duty at the track from 8:00 a.m. until the close of the racing program for the day, and the full board of stewards shall sit in regular session to exercise the authority and perform the duties imposed on them by the rules of racing.

(14) In case of emergency, the stewards may appoint a substitute subject to the confirmation of the board. A substitute shall serve only for one day.

(15) If only two stewards are present at race time, they shall by agreement appoint a deputy for the absent steward.

(16) If none of the stewards are present at race time, the board may take such action as they deem necessary.

(17) Appointments of any deputy or deputies for a steward or stewards shall be reported immediately to the board.

(18) There shall be three stewards in the stand when a race is being run.

(19) The stewards shall take notice of any questionable conduct with or without complaint thereof.

(20) The stewards may substitute a jockey of their selection on any horse.

(21) The stewards may place any horse in the temporary charge of a trainer of their selection.

(22) It shall be the duty of the stewards to see that horses arrive at the starting gate as near to post time as possible, with exceptions being made in case of accident to horse or jockey, or equipment failure or for any other reasonable cause.

(23) The stewards must investigate promptly and render a decision in every complaint properly made to them.

(24) In all matters coming before the stewards, a majority vote of the stewards shall govern. Each race day a written record of all votes shall be made in the minutes of the stewards. Any stewards in the minority may file a separate minority report with the board.

(25) When the stewards feel that a rule, other than a rule of the race, has been violated by any person, the procedure shall be as follows:

(a) He shall be summoned to a meeting before the stewards, called for that purpose.

(b) Adequate notice of said meeting shall be given to the summoned party. The steward's decision as to what is adequate notice shall be final.

(d) Non-appearance of the summoned party after adequate notice shall be construed as a waiver of right to hearing before the stewards.

(e) No special announcement of the hearing or of the alleged infraction of rules shall be made until after said hearing. Immediately after a hearing, provided the matter is settled, the stewards shall transmit their findings and conclusions in a signed, written statement to the board and to the party in question.

(26) The stewards shall decide which horse wins and assign their respective places in the race to as many horses as they think proper. When the stewards differ, the majority shall govern. In determining the places of the horses at the finish of a race, the stewards shall consider only the respective noses of such horses.

(27) The board shall require an adequate camera to be installed as an aid to the stewards. However, in all cases, the camera is merely an aid and the decision of the stewards shall be final.

(28) Nothing in these rules shall be construed to prevent the stewards from correcting an error before the display of the sign official or from recalling the sign official if it has been displayed through error.

(1) The time recorded for the first horse to cross the finish line shall be the official time of the race. The time recorded may be the time recorded by an electric timing device. Any electric timing device must be of a type approved by the board.

(2) In all quarter horse races in Montana where qualifiers for the finals are determined by time trials, an electric timer shall be utilized. In the event that the electric timer fails, qualifiers for the finals will be determined by hand times. Hand times will be calculated and utilized according to the American Quarter Horse Association recommended procedures for time trials published January 1, 2002, and incorporated herein by reference. A copy may be obtained from the American Quarter Horse Association, P.O. Box 200, Amarillo, Texas 79168.

(3) Each racing association conducting a race meet consisting in part of quarter horse stakes races with finalists determined by time trials shall appoint, license and assign the persons to serve in the hand timer capacities. These persons must present themselves to the stewards 30 minutes prior to the start of the first trial race and remain until all trial races are completed.

(1) The board shall contract with or hire persons licensed as veterinarians in Montana to perform the duties of official veterinarians at horse racing meets. Contracts (or hires) shall be upon such terms as the board and the veterinarians may mutually agree and may contain differing rates of compensation based upon the experience of the veterinarian. The board shall compensate the veterinarian(s) for official veterinarian services.

(2) The official veterinarian shall be present in the paddock to inspect all horses, shall inspect or observe all horses after the finish of a race, and shall perform such other duties as shall be prescribed from time to time by the stewards and board.

(3) If for any reason, a horse must be destroyed either in the paddock or on the track, the official veterinarian shall perform the euthanasia. The act of euthanasia shall not take place in view of the public.

(4) The official veterinarian shall be present at the starting gate while horses are being loaded. Any scratches after horses leave the paddock may be made by the official veterinarian with the approval of the stewards.

(1) Each track licensee shall name a director of racing. It shall be the director's duty to coordinate the activities of the various racing officials serving at the meet and to act as a liaison between the licensee and the board and its representative.

(1) An assistant starter is an individual hired by the racing association and supervised by the starter to handle horses in and around the starting gate, and ensure that each horse has a fair start.

(2) Assistant starters, with respect to an official race, shall not:

(a) handle or take charge of any horse in the starting gate without the express permission of the starter;

(b) impede the start of a race;

(d) strike or use abusive language to a jockey;

(e) receive money or other compensation, gratuity or reward, in connection with the running of any race or races; nor shall any person give to any assistant starter such money, compensation, gratuity or reward, except such compensation as salaries received from the race meet licensee; or

(f) wager, directly or indirectly, on any race in which they perform official duties.

(3) Assistant starters may also work as valets, if properly licensed as valets by the board.

(4) Assistant starters who are not also licensed as valets and performing valet functions during a particular race must remain at the starting gate location throughout the duration of the race day, except for reasonable comfort breaks. The assistant starters shall report all unauthorized activities to the starter.

(5) All assistant starters must wear a properly secured safety helmet and safety vest while on the racing surface handling a horse. For the purpose of this regulation, an assistant starter is any person licensed as an assistant starter or any person who handles a horse at the starting gates.

(a) Safety helmets must comply with one of the following minimum safety standards or later revisions: (ASTM F1163), (EN 1384) and (PAS 015), (AS/NZ 3838).

(b) Safety vests must comply with the following minimum safety standard: (BETA 2000 level 1).

(1) A valet is an individual hired by the racing association to prepare a jockey's equipment and saddle horses assigned to the valet prior to each race, and assist in unsaddling the same horse(s) after each race. There shall be at least one valet for every two horses in the maximum field size approved by the board.

(2) Valets shall be approved by the stewards and the starter as to their ability to perform their duties. Valets, with respect to an official race, shall not receive money or other compensation, gratuity or reward in connection with the running of any race or races, nor shall any person give to a valet such money, compensation, gratuity or reward, except such compensation as salaries received from the race meet licensee. Valets shall not wager, directly or indirectly, on any race in which they perform official duties.

(3) Valets providing tack cleaning and other related services for a jockey must present to the horsemen's bookkeeper and the stewards, prior to the start of a race meet, a written agreement signed by both the valet and jockey outlining what services will be performed and the total compensation for those services. Any agreed-upon services will be paid on a weekly basis.

(4) Valets who are also licensed as assistant starters may, when performing assistant starter functions during a particular race, move back and forth between the starting gate and the location at the track at which valet duties are required for that race. The valets shall report all unauthorized activities to the starter.

(1) All persons engaged in racing or any part thereof or employed by any person engaged in racing or any part thereof, or employed by the licensee to engage in racing or any part thereof, shall be licensed by the board.

(2) If approved by the board any eligible person may be licensed in a dual capacity providing, however, that there is no real or apparent conflict of interest as determined by the board.

(3) It shall be unlawful for any person to take part in, or officiate in any way or to be employed in any capacity in any race meeting without first having secured a license and paid the license fee.

(4) It shall be the duty of the licensee conducting the race meet to see that each and every employee of the licensee is properly licensed before the race meet commences.

(5) No one under 16 years of age, shall be licensed in any capacity. Any person under the age of 16 in the legal custody of a licensed racing person may obtain from the board an identification card authorizing his presence in the training area.

(6) All applications for licenses to participate in racing shall be made to the board on forms supplied by them.

(7) The stewards shall examine each application for license and may require each applicant to be fingerprinted and photographed at such time and place and in such manner as the board may direct. The stewards shall recommend approval or disapproval of the application and no person shall be recommended for license, who in the opinion of the stewards, is unqualified by experience or otherwise to perform the duties required of such applicant. If any application for license is not approved, the stewards shall inform the board of the reason for not approving the application.

(8) The board may approve an application for a license which has not been approved by the stewards if the reason for not approving as submitted by the stewards appears to be inadequate or unsupported by facts. The board may refuse to issue or renew a license to any person whose previous conduct is considered by the board to be detrimental to the best interests of racing.

(a) A refusal to grant a license by any other state unaccompanied by good and valid reasons shall not be considered as a ruling by this board.

(b) The denial of a license by the board to any applicant has the same force and effect as a ruling for the violation of a racing rule, and the denial of a license by the board for cause shall continue in effect until such time as the board shall approve a subsequent application for a license.

(c) The board will recognize and will uphold all rulings of every racing jurisdiction. Under 23-4-202, MCA, application or reapplication for licensure in Montana will be allowed two years after the date of the original licensing sanction order, regardless of the jurisdictional origin of the original license sanction order. The board reserves the right to deny any application for a license from any person whose previous conduct it considers to be detrimental to the best interest of racing regardless of whether the applicant holds a valid license from another racing jurisdiction. The board shall have discretionary power to issue a license, or refuse to do so, after an investigation. An applicant for licensure or relicensure under this section must complete the reinstatement procedure in (9) .

(9) Any person who was licensed by the board but whose license was revoked, or whose license was surrendered while under investigation or while pending a disciplinary proceeding, and who desires to become relicensed by the board must make application for reinstatement by completing a license reinstatement form provided by the board, along with a completed license application and fee. All persons applying for a license after license sanction imposed in another jurisdiction, will be evaluated according to this procedure.

(a) An application for reinstatement of license shall not be accepted by the board for at least two years after the license has been revoked or surrendered either by the Montana board or another racing jurisdiction unless a shorter time period is specified by the Montana board at the time of revocation or surrender.

(b) The application shall be filed in the board office, and reviewed and investigated by board staff. Except for good cause shown, no less than 90 days after receipt of the application, the executive secretary shall make a recommendation to the board concerning the applicant's compliance with board rules and whether or not the applicant is appropriate for reinstatement.

(c) The board may, but need not, schedule an oral presentation from the applicant or applicant's legal counsel, or may take testimony from witnesses, in addition to reviewing the application, written documents and the recommendation from staff. If the board denies the application, it shall comply with 2-4-601 et seq., MCA, for license denial.

(d) The applicant for reinstatement shall have the burden of proving by clear and convincing evidence that the applicant meets the criteria required by this rule. The applicant also has the burden of producing evidence in support of the applicant's position. If the applicant produces evidence which meets the burden of proof, and it is not overcome by evidence to the contrary, then the applicant may be reinstated. Nothing in this rule precludes the board from issuing a license with conditions attached.

(e) The board may impose such conditions as will tend to prevent a reoccurrence of a situation similar to the applicant's prior problem. The order granting a conditional or probationary license may state that breach of any of the conditions will result in loss of license without the right to a prior hearing.

(f) The following factors must be proven to the board by clear and convincing evidence in favor of the applicant in order to support reinstatement of license:

(i) Applicant must present evidence that the applicant's presence at places under the jurisdiction of the board will not be detrimental to the best interests of racing;

(ii) Applicant has taken responsibility for the applicant's misconduct, and shows sincere remorse for that misconduct;

(iii) If applicable, resolution of substance abuse problems, personal financial problems, and medical, mental and emotional problems which did or may have contributed to the revocation or suspension;

(iv) Willingness to pay restitution to those who were injured or victimized by applicant's prior conduct resulting in the disciplinary action, as well as other similar conduct for which applicant is responsible; and

(v) Willingness to comply with the statutes, rules and orders relating to racing in Montana.

(10) An applicant for license shall fill out, complete and submit the application to the board licensing secretary on the track, accompanied with the appropriate fee. The validity of that license is subject to the approval of the application by the state steward. The parimutuel manager shall approve all parimutuel applications. The licensing secretary shall forward the application and a copy of the receipt to the board office, along with a copy of that day's deposit. The licensing secretary shall make a deposit at the end of each race day. At the time of receipt of the application and fee, the licensing secretary on the track shall issue to the applicant an identification card which shall serve as the license.

(11) All persons licensed by the Montana board of horse racing must obtain a board identification card, upon which appears the photograph of the license holder. The license holder must wear the identification card so that the same is plainly visible at all times while the license holder is on the grounds of the licensee conducting the race meeting.

(12) Every license shall be for not more than one year, and shall expire on December 31 of that year.

(13) In the event of the loss of a license card, the board will issue a duplicate upon payment of the appropriate fee.

(14) All corporations having any interest in a horse shall file with the Montana board of horse racing at the time of filing application for an owner's license a statement setting forth the names and addresses of all officers, directors and stockholders of said corporation.

(15) A person licensed at one track in Montana and desiring to race at another track in Montana is subject to have a license validated at that track. Failure to do so may result in a fine or suspension by the board. In order to have a license validated, the person must have race horses at that track or show proof of gainful employment at that track.

(1) Each jockey agent shall obtain a license from the board. A jockey agent may represent two jockeys and one apprentice jockey with approval of the stewards. No jockey agent shall make or assist in making any engagement for any rider other than those the jockey agent is licensed to represent. If any jockey agent gives up the making of engagements for any rider the jockey agent shall immediately notify the stewards and turn over to the stewards a list of any unfilled engagements. A jockey agent may not drop a rider without notifying the stewards and jockeys in writing.

(2) Owners, trainers, racing officials, employees of the licensee and employees of any party contracting with the licensee to furnish a racing associated service are not eligible to be licensed as jockey agents.

(1) Each exercise person shall obtain a license from the board before exercising any horses on the grounds of the race meeting.

(2) No exercise person shall ride or exercise any horse on the race track without wearing a protective helmet and boots. Each exercise person must wear a safety vest when riding on the track. The safety vest shall be designed to provide shock absorbing protection to the upper body of at least a rating of five as defined by the British equestrian trade association (BETA) .

(3) Before approving an application for an exercise person's license, a majority of the members of the board of stewards, the jockey representative and the starter shall concur that the applicant has the ability to safely and correctly perform duties of an exercise person.

(1) Each groom shall obtain a license from the board before acting in any capacity as groom on the grounds of a race meeting.

(1) Each jockey must obtain a license from the board.

(2) All jockeys shall have a complete physical examination before being issued a license. A certificate from the medical doctor conducting the physical examination shall accompany the application for licensure. The stewards may in their discretion waive the requirement of a physical examination.

(3) No person under the age of 16 years shall be granted a jockey's license.

(a) All jockey applicants not previously licensed by the Montana board of horse racing or another racing jurisdiction, shall present proof of age before being licensed by the Montana board of horse racing and a birth certificate may be required.

(b) If the applicant is 16 or 17 years old, a signature from his/her parent or legal guardian must accompany the application.�

(4) No person shall be allowed to ride before applying for his first license.

(5) No jockey will be permitted to ride pending action on the jockey's application for license. A person who has never ridden in an official race may be granted a temporary license by the stewards. � The temporary license will permit the holder to ride two races. If the rider holding a temporary license rides two races to the satisfaction of the stewards the rider may receive an apprentice jockey license.

(6) No licensed jockey shall be the owner or trainer of any race horse.

(7) If a jockey is under contract to any trainer, the jockey shall not ride or agree to ride in any race without the written consent of the contract trainer.

(8) Jockeys are required to present themselves to be weighed out at the time fixed by the clerk of scales.

(9) All jockeys shall faithfully fulfill all engagements in respect to racing.

(10) A jockey may not ride in any race against a starter of the jockey's contract employer.

(11) In riding a race, a jockey must be neat in appearance. � All riders must be dressed in clean jockey costumes, caps and jackets of silk or waterproof material, white breeches and top boots, unless otherwise approved by the stewards.

(12) It shall be mandatory that jockeys wear a protective helmet which shall be approved by the board.

(13) The weight of the protective helmet shall not be included in the jockey's weight.

(14) A jockey must wear a safety vest when riding in any official race. � The safety vest shall weigh no more than two pounds and shall be designed to provide shock absorbing protection to the upper body of at least a rating of five as defined by the British equestrian trade association (BETA) .

(15) The weight of the safety vest shall not be included in the jockey's weight.

(16) The use of spurs or steel is prohibited.

(17) A jockey shall wear the standard colors for the post position of the horse he is riding except as otherwise ordered or permitted by the board.

(18) A jockey shall wear a number on his helmet and it and the saddle cloth number shall correspond to the number of the horse in the official program.

(19) Every jockey who is engaged in a race shall report to the scale room on the day of the race at the time required by the officials. � He shall then report his engagements and overweight, if any, to the clerk of the scales, and thereafter, except with the permission of the stewards, shall not leave the jockey room, except to view the races from a point approved by the stewards or to ride in a race, until after his engagements of the day have been fulfilled.

(20) Before the commencement of a meeting or during the conduct of a meeting, the board of stewards may require that any jockey be examined by a licensed physician and may refuse to allow said jockey to ride until he successfully passes such examination.

(21) No jockey shall make a bet on any race, nor accept the promise, or the token of any bet, with respect to the race in which he is riding, except through or from the owner or trainer of the horse he rides, and then only on that horse.

(22) Jockey's riding fees, for a meeting must be approved by the board. � If any owner or trainer engages two or more jockeys for the same race, he shall pay the losing fee for each engaged jockey not riding in the race, as well as the proper fee for the jockey who does ride. � Jockey's fees shall be considered earned when the jockey is weighed out by the clerk of scales. � The fee shall not be considered earned if the jockey, of his own free will, takes himself off his mount, where injury to the horse or rider is not involved.

(23) In a dead heat the jockeys involved shall divide equally the sum total of the fees they would have received individually had one beaten the other or others. � Likewise, the owners of the horses involved shall pay their equal share.

(24) A jockey under temporary suspension shall not ride in a race for any one during the period of his suspension.

(a) Jockeys while under temporary suspension in any other state shall not be permitted to ride stakes engagements in Montana.

(25) A jockey under temporary suspension may, with the approval of the board, be permitted to exercise or gallop horses during the morning hours and to lodge on the grounds of the race meet at night, but he shall be refused admission to any part of the racing course during such periods of time as the stewards may order.

(26) The suspension of a jockey for an offense not involving fraud shall begin on the second day after the ruling, unless otherwise ordered by the stewards. � A suspension for fraud shall begin immediately after the ruling.

(27) A forfeiture must be paid by the jockey himself and any other person paying it shall be subject to punishment.

(28) Every jockey may have only one agent.

(29) Every owner or trainer claiming a first or second preference on a named jockey for a specified horse in a particular race shall obtain written proof of same from the jockey or his agent and present said proof at time of entry.

(30) No jockey shall have an attendant other than those provided by the licensee. � Attendants shall be a minimum of 18 years of age. � Attendants shall be subject to rules and regulations of the Montana board of horse racing. � Attendants shall be authorized to assist trainers in the saddling paddock. They shall also care for the jockey equipment, but not be responsible for the cost of necessary repairs to equipment not caused by their own acts.

(31) Employers retaining the same jockeys have precedence according to the priority of retainers as specified in the contracts.

(32) If a jockey intends to carry overweight, he must declare the amount thereof at the time of weighing out, or if in doubt as to proper weight, he may declare the weight he will carry.

(33) If a jockey intends to carry overweight exceeding by more than two pounds the weight which the jockey's horse is to carry, the owner or trainer assenting, the jockey must declare the amount of overweight to the clerk of the scales at least 45 minutes before the time appointed for the race, and the clerk shall notify the stewards immediately. � Failure on the part of a jockey to comply with this rule shall be reported to the stewards.

(34) Any overweight exceeding seven pounds may be approved by the stewards.

(35) After a race has been run and after he has pulled up the horse he has ridden, the jockey shall ride promptly to the winner's circle and there dismount, after obtaining permission from the judges, and present himself to the clerk of the scales to be weighed in. � If a jockey is prevented from riding his mount to the judge's stand because of an accident or of illness either to himself or his horse, he may walk or be carried to the scales, or he may be excused by the stewards from weighing.

(36) Except by permission of the stewards, every jockey must, upon returning to the unsaddling area, unsaddle the horse the jockey has ridden and no person shall touch the jockey or the horse, except by the bridle, nor cover the horse in any manner until the jockey has removed the equipment to be weighed.

(37) No person shall assist a jockey in removing from his horse the equipment that is to be included in the jockey weight, except by permission of the stewards.

(38) Each jockey shall, in weighing in, carry over to the scales all pieces of equipment with which he weighed out. Thereafter he may hand it to his attendant.

(39) Each jockey shall weigh in at the same weight as that at which the jockey weighed out, and if short of it by more than two pounds, the jockey shall be fined or suspended or ruled off at the discretion of the stewards, and the jockey's mount�may be disqualified.

(40) If any jockey weighs in at more than two pounds over the jockey's proper or declared weight, the jockey shall be fined or suspended or ruled off at the discretion of the stewards, who shall have regard for any excess weight caused by rain or mud.

(41) No jockey shall take his horse back without reasonable cause, or intentionally ride wide on the turns, or otherwise cause his mount to lose ground when there is not reasonable cause for such loss, or otherwise ride in a manner which is inconsistent with using the best efforts of the horse he is riding.

(42) Rough riding is defined as a deliberate act in violation of any riding rule, or any willful or wanton act which is the proximate cause of any racing accident or injury to any jockey or his mount during the running of a race. � The stewards shall report to the board any rough riding.

(43) A jockey shall put forth every reasonable effort and exercise the greatest diligence in riding a race. � If, in the opinion of the stewards, a jockey does not put forth every reasonable effort or use proper diligence in the riding of a race, such jockey shall be penalized by the board according to the gravity of the offense.

�

(1) An apprentice jockey may be granted an apprentice certificate in lieu of an apprentice contract. The apprentice certificate shall grant an apprentice all the allowances and conditions granted to the apprentice who is under contract.

(2) An apprentice jockey is a thoroughbred, quarterhorse and appaloosa race rider who has ridden less than one year and less than 45 winners since first having been licensed in any racing jurisdiction and who otherwise meets the requirements and qualifications for a license as a jockey. The apprenticeship of an apprentice jockey shall automatically terminate one year from the date of his fifth winning ride or on the first anniversary of the date of issuance of his license as an apprentice jockey, if during such first year he has ridden at least 45 winners. Otherwise, the said apprenticeship shall automatically terminate after such first anniversary date on the date he rides his 45th winning mount, or on the date of the third anniversary of his first apprentice license, whichever shall come first. For good cause the board may extend the termination date of any apprenticeship or the conditions under which the apprenticeship may be granted. Races other than recognized thoroughbred races in the United States, Canada or Mexico reported in the Daily Racing Form or other similar official publication shall not be considered in determining eligibility for a license as apprentice jockey; provided, however, that any person who has ridden as a licensed jockey at any recognized meeting in the United States or other country shall have the burden of establishing that the granting of an apprentice license to such person is in the best interest of racing in this state.

(3) Apprentice allowance as follows:

(a) An apprentice jockey shall ride with a five-pound weight allowance beginning after his/her first mount and for one full year from the date of his/her fifth winning mount except no weight allowance shall be given in quarter horse races.

(i) If after riding one full year from the date of his/her fifth winning mount, the apprentice jockey has failed to ride a total of 40 winners from the date of his/her first winning mount, he/she shall continue to ride with a five-pound weight allowance for one more year from the date of his/her fifth winning mount or until he/she had ridden a total of 40 winners, whichever comes first.

(ii) If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of his/her fifth winning mount because of service in the armed forces of the USA, or because of physical disablement, the commission may extend the time during which such apprentice weight allowance may be claimed for a period not to exceed the period such apprentice jockey was unable to ride.

(b) Whenever a jockey from a foreign country, excluding Mexico and Canada, rides in the United States, the jockey must declare that the jockey is a holder of a valid license and currently not under suspension.

(4) Jockey apprentice shall be bound by all the rules for jockeys, except insofar as said rule may be in conflict with the following specific regulations for apprentices.

(5) Apprentice certificates entered into in the state of Montana must be made on forms supplied by the Montana board of horse racing and a copy shall be filed with the board.

(6) A copy of all apprentice contracts, wherever entered into, must be filed with the board.

(7) If an apprentice contract is transferred, said transfer must be approved by the stewards and registered with the board by both the transferrer and the transferee.

(8) No owner or trainer shall be allowed to enter into a contract in Montana with an apprentice jockey unless he is in control or possession of such stable or horse as would, in the opinion of the stewards, warrant the employment of an apprentice.

(9) An application for a license as an apprentice jockey shall be accompanied by:

(a) an original or photostatic copy of his/her agreement with his/her contract employer or apprentice certificate.

(b) birth certificate or satisfactory evidence of date of birth. The stewards may permit a jockey to ride pending action on his/her application.

(1) Each owner shall obtain a license from the board. Persons under the age of 18 shall not be licensed as owners. Any application for owner's license must establish financial responsibility to the satisfaction of the board. Failure to maintain financial responsibility shall be grounds for revocation of license.

(2) An authorized agent will be recognized as having authority to handle all matters pertaining to the stable for which he is authorized to act, and the acts of the agent shall be deemed the acts of the owner, and an owner shall accept responsibility for his agent's acts.

(3) Each stable name must be duly registered with the board.

(4) In applying to race under stable name, the applicant must disclose the identity or identities behind a stable name. If a partnership is involved in the identity behind a stable name, the rules covering partnerships must be complied with.

(a) Changes in identities must be reported immediately to and approval obtained from the board.

(b) A trainer, who is a licensed owner or part owner may use a stable name as owner or part owner. However, no trainer may be licensed as trainer other than in his legal name.

(c) Any person who has been registered under a stable name may, at any time cancel it after he has given written notice to the board.

(d) A stable name may be changed at any time by registering a new stable name and by paying the fee as required.

(e) A person cannot register as his stable name one which has been registered by any other person with any licensee conducting a recognized meeting, or with the New York jockey club, or with another racing authority.

(f) A person may not register as his stable name one which is the real name of any owner of race horses, nor which is the real name of any prominent person not owning race horses.

(g) A stable name shall be plainly distinguishable from that of another duly registered stable name.

(h) No stable name shall be used if in the judgement of the stewards it is being used for advertising purposes.

(5) If an owner changes trainers, the new trainer must notify the stewards.

(6) No owner shall compensate a jockey for the purpose of preventing him from riding in any race.

(7) No owner shall accept, directly or indirectly, any bribe, gift, or gratuity in any form which might influence the result of any race or races or tend to do so.

(8) Owners shall not remove horse registration papers from the race office.

(1) Each plater, shoer or blacksmith shall obtain a license from the board before practicing his trade on the grounds of the race meeting.

(2) Bar plates may be used only with the consent of the stewards and their discontinuances must be approved by the stewards.

(3) A horse starting in a race shall be shod with racing plates unless otherwise approved by the stewards.

(1) Each pony person and outrider shall obtain a license from the board and no person shall be allowed to pony horses or lead horses in a post parade without first obtaining a pony person's or outrider's license. A trainer may pony horses trained by the trainer without a pony person license.

(2) No pony person or outrider shall pony or parade any horse on the track without wearing a protective helmet and boots with heels.

(3) The stewards may require prior permission to lead a horse in a post parade.

(4) At no time shall pony horses be permitted to enter the paddock nor shall outriders or pony persons be allowed to pick up horses in front of the unsaddling area after a race has been run.

(5) Before approving an application for a pony person's or outrider's license, the stewards shall concur the applicant has the ability to safely and correctly perform the duties of a pony person or outrider.

(1) Each trainer shall obtain a license from the board. No person under the age of 18 shall be licensed as a trainer. Failure to maintain financial responsibility shall be grounds for revocation or non-issuance of license.

(2) If an applicant has not previously held a trainer's license in Montana or another horse racing jurisdiction, the applicant may not be issued a trainer license if the applicant fails to attain a passing score of at least 75% on an examination prepared by the board and administered by the board or its representative. If licensed in another racing jurisdiction, proof of licensure shall be provided to the stewards.

(3) An applicant who fails the examination may be allowed one additional examination during that calendar year.

(4) The testing fee for trainers exam will be $50. If a passing score is not received, applicant may upon payment of $100 retake the test.

(5) Each trainer shall, upon making an entry, furnish the name of the jockey who the trainer desires to rides the trainer's horse, or if this is not possible, the trainer shall furnish it no later than scratch time. If no jockey has been named by that time, the stewards shall name an available rider.

(6) A trainer claiming a first or second preference on a jockey for a specified horse in a particular race shall obtain written proof of same from the jockey or agent and present said proof at time of entry.

(7) If a named rider is not available to ride for any reason, the trainer shall be immediately notified and may select a substitute jockey from those available. The steward may select a substitute jockey if the trainer fails to act within a reasonable time or is unavailable to act in an emergency.

(8) The trainer shall be absolutely responsible for the condition of every horse the trainer enters regardless of the act of third parties.

(9) A trainer may represent the owner in the matter of entries, declarations and the selection of jockeys.

(10) A trainer shall have his horse in the paddock at the time appointed.

(11) A trainer shall attend his horse or horses in the paddock, and shall be present to supervise the saddling unless he has obtained from the steward permission to send another licensed trainer as substitute.

(12) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days, and his horses are entered or are to be entered, he must provide a licensed trainer to assume the complete responsibility of the horses he is entering or running. Such licensed trainer shall sign in the presence of the stewards a form furnished by the board accepting complete responsibility of the horse or horses to be entered or raced.

(13) Each trainer shall register with the racing secretary all the horses in the trainer's charge.

(14) Each trainer shall register with the board every person in his employ and he shall be responsible for all his employees securing occupational licenses. Each trainer shall sign the license application of every person in his employ and verify the fact of the employment.

(a) Each trainer shall be responsible for reporting to the board the discharge of any of his employees within 24 hours of the discharge.

(15) Each trainer shall require every jockey and exercise person to wear a safety helmet when exercising horses for the trainer.

(16) A trainer shall not have in his charge or under his supervision any horse owned, in whole or in part, by a disqualified person.

(17) No trainer shall accept, directly or indirectly any bribe, gift or gratuity in any form which might influence the result of any race.

(18) No trainer shall employ a jockey for the purpose of preventing him from riding in any race.

(19) A trainer shall report promptly to the racing secretary and to the official veterinarian any and all sickness of any horse or horses under the trainer's care.

(20) Trainers acting as pony persons for the horses they train shall be obligated to observe the same rules of conduct as licensed pony persons.

(21) No trainer shall employ in any capacity any person under 16 years of age, nor shall the trainer employ anyone not licensed by the board.

(22) No trainer or his representative shall employ a veterinarian who is not licensed as such by the state board of veterinarians.

(23) The trainer or his authorized representative must be present in the testing enclosure when a saliva, urine or other specimen is taken from his horse and must remain until the sample tag attached to the specimen shall be signed by the trainer or his representative as witness to the taking of the specimen.

(24) The trainer is obligated to protect the horses in his care against the administration of any substance which could affect the performance of a horse in a race.

(25) The trainer shall be absolutely responsible for the condition of any horse the trainer enters in a race as disclosed by any test and/or analysis conducted by an approved laboratory.

(26) Except as provided in the permissible medication rule, a trainer shall not enter or start a horse that is not in serviceably sound racing condition, is a known bleeder, has been trachea-tubed, has been nerved by alcohol block or otherwise, except a horse that has had a digital neurectomy may be permitted to race subject to a pre-race veterinary examination, has impaired eyesight in both eyes, or has been administered any narcotic, stimulant, depressant, local anesthetic, analgesic, or any derivative or compound thereof or any substance that interferes with the testing or masks.

(27) A licensed trainer may employ an assistant trainer. Such assistant trainer must be licensed before acting in such capacity on behalf of the employer. Qualifications for obtaining an assistant trainer's license shall be the same as those for a trainer's license. A licensed assistant trainer shall assume the same duties and responsibilities as imposed on the holder of a trainer's license. The licensed trainer shall be jointly responsible with the assistant trainer for all acts and omissions of such assistant trainer involving all racing matters.

(28) Horse registration papers may only be released from the race office to the licensed trainer of record.

(1) Each veterinarian shall obtain a license from the board before the veterinarian may practice the veterinarian's profession on the grounds of a race meeting. The veterinarian shall not be eligible to own, or hold a license to train horses while being licensed to practice veterinary medicine on the grounds of a race meeting.

(2) Any licensed veterinarian who administers or makes available for administration by external application, ingestion or injection or by any other means any material or substance to a horse stabled at a licensed race meeting shall maintain records of all treatments and make those records available to the board or its representative upon demand.

(a) This rule shall not apply to water, heat or cold treatment or to customary liniments or salves, provided the same be applied externally only.

(1) The racing secretary must obtain current and complete and accurate past performance lines on each horse entered in a race provided that such data are available.

(2) All employees of chart companies must be licensed as chart company employees before entering the grounds of a race meet.

(1) Photo companies must provide state of the art photo-finish and video equipment with electronic timing capability, film, tape and other supplies and operators capable of providing accurate reproductions and depictions of all races and race finishes.

(2) Film and tape of all races shall be preserved by the photo companies for a period of at least one full calendar year from the date of the race.

(3) Film and tape of controversial races, when requested by the board, shall be supplied by the photo companies at the board's expense.

(4) All employees of photo companies must be licensed before entering the grounds of a race meet.

(1) Tote companies must provide state of the art parimutuel equipment and tote at each licensed track that they service.

(2) Tote companies must provide correct and complete betting odds, race results and payoff prices for each race at which wagering is permitted.

(3) Tote companies must:

(a) accept all wagers as outlined in this subchapter;

(b) pay all winners according to calculated payoff procedures;

(d) withhold all funds set aside by statute and contracts;

(e) deliver those funds each day to the licensee to be redistributed to the proper parties;

(f) publish daily a complete summary of all wagering pools, all payoffs, breakage, overpayments and short payments.

(4) All officers and employees of tote companies must be licensed before entering grounds of a race meet.

(1) No horse may start unless a registration certificate is first filed with the racing secretary. All entry forms shall be in the correct form as required by the board, shall be signed and shall be kept by the tract management for the duration of the meet, and for 30 days thereafter.

(2) All thoroughbred horses shall be registered with the New York Jockey Club.

(3) The official stud book and registry of the American Quarter Horse Association shall be recognized as the sole official registry for quarter horses.

(4) Other officially recognized breeds must be registered with their officially sanctioned breeding or registry associations and each association must be approved by the board before the registration certificate issued by said association will be accepted for purposes of entering and starting in a race.

(5) The rules of the board shall govern all races regardless of the breed of horse or type of race insofar as they are applicable. When not applicable the stewards may enforce the rules of the appropriate, recognized and approved association as long as such rules are not inconsistent with the rules of the board.

(6) For the purpose of encouraging the breeding within the state of valuable thoroughbreds, quarter horses, appaloosa and other purebred registered horses, at least one race each day at each race meeting shall be limited to Montana bred horses. If sufficient competition cannot be obtained among the Montana bred horses, said race shall be opened with Montana breds being preferred.

(7) A sum equal to 10% of the first place money of every purse won by a Montana bred horse shall be paid to the board for a breeder bonus and an equal sum shall be paid to the board for an owner bonus. Such amount shall be paid within 14 days from the date the race is won. The board shall distribute the bonuses to the appropriate breeders and owners within 30 days of the end of the race meet in which the bonus was earned. Such amount shall not be deducted from the advertised purse. Only the money contributed by the licensee conducting the race meet may be considered in computing the bonus.

(8) Licensees shall recognize as Montana bred any horse whose registration papers indicate that such horse was foaled in Montana. In the absence of positive identification of where the horse was foaled appearing on the registration papers, the owner must file with the board satisfactory written evidence showing that the horse was foaled in Montana before the horse may be entered in a Montana bred race, or may claim a breeders allowance or a Montana bred weight allowance.

(9) All Montana bred horses shall be allowed a weight allowance of five pounds in all races except handicaps, and stakes, Montana bred races and quarter horse races.

(10) When six horses are entered in a Montana bred race under six separate entries, such race shall be considered filled and shall be run. If a race is cancelled through a lack of that number of entries, the names of all horses entered in such cancelled race shall be immediately posted by the racing secretary. No race shall be cancelled without the approval of the stewards.

(11) If a stakes race is declared off, all subscription and entrance fees paid in connection with that race shall be refunded.

(12) Entries and declarations shall be made in writing and assigned by the assistant trainer, trainer or owner of the horse. Each race meeting shall provide blank forms on which entries and declarations are to be made.

(13) Entries may be made by telephone or facsimile but must be confirmed in writing.

(14) No person not having an interest in a horse, equal at least to the interest or property of any other one person is entitled to enter the horse in a race as the owner.

(15) Joint subscriptions and entries may be made by any one or more of the owners. However, all partners and each of them shall be jointly and separately liable for all fees and forfeitures.

(16) If entered for the first time, a horse shall be identified by stating his name, color, sex and age, and the name of his sire and dam, as registered. This description must be repeated in every entry until a description of the horse with his name has been published on the official program or the list of entries of the race meet, or in such other publication as the board may designate. In every entry after such publication, his name, color, sex and age will be sufficient.

(17) No horse shall be allowed to start in any race unless it has been tattooed or microchipped and fully identified; however, Arabians may be identified by either tattoo or freeze brand.

(18) No horse shall be allowed to start in any race that has not been fully identified and the certificate of registration properly endorsed to the current owner and on file in the office of the racing secretary. The stewards also may require that the certificate of registration be on file at the time of entry.

(19) A horse which during the past calendar year has started in a race shall not be entered at a Montana track unless and until the owner or trainer shall have furnished to the racing secretary at least 36 hours prior to such entry, performance records, as hereinafter designated. Such performance records shall show where and when said horse raced in his last three starts, the distance of each, the weight carried in each, amount earned in each, said horses finishing position in each and the official time in each. Such performance records furnished to the racing secretary shall be signed by the owner or trainer of the horse. Every licensee must post such performance records in five conspicuous spaces in the parimutuel area at least 30 minutes before post time of every day's race.

(20) If the name of a horse is changed, the new name, together with the former name, shall be published in the official entries for the first three starts after the change has been made. No change of names will be acceptable unless first granted by the New York Jockey Club, the American Quarter Horse Association or other registry under which the horse is registered. Violation of any part of this rule shall cause the horse to be name a "ringer" and the horse and all persons connected with the violation shall be ruled off.

(21) No horse shall be permitted to enter or to start unless he is in the care of and saddled by a licensed trainer.

(22) No horse shall be permitted to start that has not been fully identified. Responsibility in the mater of establishing either the identity of a horse or his complete and actual ownership shall be as binding on the persons so identifying or undertaking to establish as it is on the person having the horse requiring identification and the same penalty shall apply to them in case of fraud or attempted fraud.

(23) All ownerships in a horse, except a trainer's percentage of his winnings, shall be filed with the racing secretary, before the horse shall start, as shall every change in ownership thereafter during the meeting.

(24) All horses must be eligible to start at time of entry.

(25) For purposes of further encouraging the breeding within the state of valuable purebred registered horses and to increase the market value and salability of said horses, at least 50% of all maiden races run each day at every Montana parimutuel race shall be written with Montana bred maidens preferred.

(26) A maiden seven year old or older shall not be eligible to enter or start in any race unless such horse has started in a race within the last 365 days and has recently had a successful veterinarian's examination. For purposes of this rule only, a maiden horse is a horse which at the time of starting has never won a race on the flat in any country.

(27) No Arabian shall run on any track in the state of Montana until it is a three year old.

(28) Any horse over 12 years old can run in Montana provided they have had one win in the pervious season.

(29) A horse shall not be qualified to be entered or to start in any race if owned in whole or in part, or if under the management, directly or indirectly of a disqualified person.

(30) In any entry from a disqualified person or a disqualified horse is received, such entry shall be void and any money paid for such entry shall be returned if the disqualification is disclosed 45 minutes before post time for the race. Otherwise, any such money shall be paid to the winner.

(31) No horse on the starter's schooling list shall be entered for a race.

(32) No horse on the veterinarian's list shall be qualified to enter, or to start.

(33) No horse on the bleeders list shall be qualified to enter or to start.

(34) If a horse is sold to a disqualified person, said horse's racing engagement shall be void as of the date of sale.

(35) No trainer may enter more than two horses in a purse race or overnight event. When making a double entry in the same ownership or trainership, the owner or trainer must express a preference, and in no case may two horses start in the same ownership or trainership to the exclusion of a single entry unless that single entry is an "in today" horse.

(a) If a race is divided or split into two or more divisions, horses under the same ownership or trainership shall be placed in separate divisions, but the division in which they compete shall be drawn by lot.

(b) Multiple horses owned by the same racing interests shall be uncoupled in overnight races and stakes races for wagering purposes.

(c) An owner may enter multiple horses in stakes races. Stakes preferences and conditions will be used to determine eligibility in stakes races.

(36) The race secretary shall have the right to withdraw or change any unclosed race.

(37) If a race is declared off because of insufficient entries, the licensee may split any overnight race which may have closed and cause a new drawing for post positions.

(38) An entry of a horse in a sweepstakes is a subscription to the sweepstakes. An entry or subscription may, before the time of closing, be altered or withdrawn.

(39) A horse shall not become a starter for a race unless there has been duly paid any stakes or entrance money payable in respect to that race.

(40) Entrance money is not refunded on the death of a horse, or his failure to start.

(41) The nominator is liable for the entrance money, and the death of a horse or mistake in its entry when eligible, does not release the subscriber from liability. The entrance money to a purse shall not be returned on the death of a horse or its failure to start for any cause whatever.

(42) Entries shall be closed at an advertised time, and no entry accepted thereafter. The racing secretary, however, with the consent of the stewards may postpone closing of overnight races.

(43) In the absence of notice to the contrary entrance and declarations for sweepstakes, which close during or on the eve of a race meeting, close at the office of the racing secretary, who shall make provisions therefor. Closing at all other times for sweepstakes shall be at the office of the race meet.

(44) When an hour for closing is designated, entries and declaration for sweepstakes cannot be received afterwards; but if an hour is not designated, they may be mailed or telegraphed up to midnight of the day of closing, provided they are received in time for compliance with every other condition of the race.

(45) If a miscarriage of any entry or declaration in a stakes is alleged, satisfactory proof that it was mailed or telegraphed must be presented within a reasonable time or it shall not be received.

(46) Entries which have closed shall be compiled without delay by the racing secretary and conspicuously posted.

(47) No alterations shall be made in any entry after closing of entries, but an error may be corrected.

(48) If the number of entries to any purse race is in excess of the number of starters for the race that may, because of limitations, be permitted to start, the post positions and the starters for the race shall be determined by lot in the presence of those making the entries. Four of those not drawn may be placed on the overnight sheet as also eligible. In the event that any of the first group of starters declare out, horses shall be drawn from the group of also eligibles to fill the vacancies in the race.

(49) Any horse which is entered and has drawn a post position in a race shall be termed an "in today" horse. Any "in today" horse shall not be eligible to enter for the following calendar day to the exclusion of any other horse.

(50) A horse on the also eligible list shall not be considered as an "in today" horse until it has actually been drawn into the race and given a post position.

(51) The racing secretary may divide a race and take double entries, in which case the double entry shall have preference over an "in today" horse.

(52) If the entries exceed the number required for a full field and an also eligible list, the racing secretary shall keep a list of horses eliminated from the race, and they are to have precedence in any race of similar distance and similar conditions, in which they may be afterward entered and each subsequent time that a horse is so eliminated the horse shall gain an advance position on the preferred list.

(53) A copy of the preferred list shall be posted each afternoon of entries and any claim of error must be made by 8:00 a.m. the following day, and no claim of error not made within the prescribed time will be recognized by the stewards. In entering horses on the preferred list a claim of preference must be made at time of entry and noted on the entry blank or the preference shall be lost and no claim of error will be considered by the stewards if the person making the entry has signed the entry blank.

(54) If a scratch card is deposited for a horse listed as also eligible the horse shall lose its position on the preferred list.

(55) Horses excluded as part of an entry shall not receive a place on the preferred list.

(56) Any horse which is withdrawn from a race after the overnight entries are closed shall be deemed a scratch and shall lose all accrued preference up to that date.

(57) Scratch time shall be 7:00 a.m. the morning of the day preceding the day scheduled for the running of the race from which the scratch is made. A licensee may request a different scratch time, for good cause shown. Any change in scratch time may be approved by the stewards.

(58) Preferred list preference and weight allowance is waived if not claimed at time of entry. The stewards will adjust no claims after the close of entries.

(59) The racing secretary may in event a stakes or handicap does not fill, replace such race with an overnight race carrying a guaranteed purse consistent with the daily average purse.

(60) If the racing secretary declares a race off, the names of entrants in that race shall be posted on the official bulletin board that day, identifying the race by number as it appears in the condition book.

(61) Post positions shall be determined publicly by lot in the presence of the stewards, and racing secretary or his assistant. In thoroughbred races only, after a regularly carded horse or horses have been excused from the race, all horses shall move up in post position order. In quarter horse and mixed races utilizing the straightaway, a horse or horses shall assume the post position or positions of the horse or horses excused.

(62) Winnings shall include all purse money up to the time appointed for the start, and shall apply to all races in any country, and embrace walking over or forfeit, but not second, third, fourth or less not the value of any prize not paid or paid in money. Winnings during the year shall be reckoned from January 1 preceding. Winner of a certain sum shall mean winner of a single race of that value unless otherwise expressed in the conditions.

(a) Foreign winnings shall be estimated on the basis of the normal rate of exchange prevailing on the day of the winnings.

(b) The entrance money, starting and subscription fees in every race shall go to the winner unless otherwise provided in its conditions, but if for any reason a race is not run, all stakes or entrance money shall be refunded to those entries remaining eligible at time of decision to cancel or postpone. If the trials of said race have been run and the finals are cancelled due to unforeseeable circumstances, the remaining qualifiers will equally divide the entrance, starting and subscription fees.

(c) Any horse failing to start or finish in any race shall not share in the purse distribution of that race, except a horse that has qualified for that race through a trial race.

(63) In the event that management prefers to use a date system of preference rather than the preferred list referred to in (52) then the racing secretary shall post and adhere to the following procedure. At tracks which choose to use date system, this rule will supersede those rules set down for other forms of determining preference.

(a) Horses will not be eligible to receive a date in a race until their papers are on file in the racing office.

(b) All horses with registration papers on file with the racing office prior to the first day of racing shall receive an opening day entry date. This date is the earliest possible date a horse may receive. A horse keeps its opening day date until it races or scratches. All horses registered with the racing secretary after the first racing date will receive an entry date corresponding to the date registered with the racing secretary.

(c) Horses that run will receive a running date corresponding to the date on which they are entered, and lose all dates previously held.

(d) Horses which scratch or are scratched must re-enter to reestablish a date.

(e) Horses on the vet's, steward's or starter's lists shall forfeit their designated date, and cannot establish a date until removed from said category.

(f) In all cases, an entry date takes preference over a running date of the same day.

(g) Horses which have established a date at a current meet will lose that preference date should they race elsewhere or demonstrate intent to race elsewhere by entering at such tracks, and must re-enter to reestablish a preference date at the current meet.

(h) Stakes races are not a part of the preference system.

(i) In no way does the claiming, ownership transfer or trainer transfer of a horse affect the preference rule.

(j) Second choices of entries in overfilled races receive no consideration and should not be given a preference date unless they have different owners.

(k) In all races, winners have preference. Maidens will receive no consideration in races other than maiden races.

(64) In all thoroughbred races where qualifying races are held to select finalists, the method of determining those finalists will be by order of finish in each qualifying heat. In quarter horse trials, finalists will be selected based on fastest times.

(65) In handicap races, high weighted horses shall be preferred regardless of ownership or trainer.

(a) When horses have equal handicap weights, preference shall be determined by lots regardless of ownership or trainer.

(1) In all races except handicaps, quarter horse races and races where the conditions expressly state to the contrary, fillies two years old are allowed three lbs. and fillies and mares three years old and upward are allowed five lbs. before the 1st of September and three lbs. thereafter.

(1) No horse shall be considered scratched or declared out of an engagement until the trainer or his authorized agent shall have given due notice in writing to the racing secretary before the time stipulated by the regulations of the licensee.

(2) For stakes races, if a horse is not named through the entry box two days before the race at the usual time of closing, the horse is automatically out.

(3) The declaration of a horse out of an engagement is irrevocable.

(4) All horses must be scratched at the designated scratch time.

(5) If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of such miscarriage shall be required of the complainant, otherwise the declaration shall not be accepted as of the time alleged.

(6) Any trainer who has entered a horse, will be allowed to scratch from said race prior to scratch time, if horses are present on the also eligible list. If there are more requests to withdraw than are available, permission to withdraw shall be granted first to the also eligible horses by lot, and thereafter to the in-today horses in the same manner. However, in all races involving the daily double, no entry may be withdrawn that would reduce the starting field to less than the number designated by the racing secretary, without permission of the stewards. No other entries will be excused as provided above except upon receipt of a veterinarian certificate of unfitness.

(7) A horse which has been excused from starting by a veterinarian certificate of unfitness shall not be eligible to be entered for three calendar days excluding the day the horse was excused. Such subsequent entry must be accompanied by a certificate of fitness from the track veterinarian, and must be approved by the stewards.

(8) Husband and wife will be considered as one entity for entry purposes.

(9) Any horse which has qualified or drawn into a stakes race, other than an overnight stakes race, can be scratched from that stakes race for any reason prior to the start of the race. The scratch of a horse from a stake race is irrevocable.

(1) In claiming races any horse is subject to claim for its entered price by an owner whose horse's papers have been entered in the race office for racing at that meeting or by a licensed authorized agent for the account of such owner, provided however, that no person shall claim his own horse, or cause his horse to be claimed directly or indirectly for his own account.

(2) No authorized agent, although representing several owners, shall submit more than one claim for any one race.

(3) When a stable consists of horses owned by more than one person, trained by the same trainer, not more than one claim may be entered on behalf of such stable in any one race.

(4) A horse which is declared the official winner in a claiming race, and is claimed out of that race, must start for 25% or more than that claiming price for a period of 30 days (excluding the day it was claimed) . Any horse which is not declared the official winner of a race, and is claimed from that race, is eligible to start for any price.

(5) If a horse is claimed it shall not be sold or transferred to any one wholly or in part, except in a claiming race, for a period of 30 days from the date of claim, nor shall it, unless reclaimed, remain in the same stable or management of its former owner or trainer for a like period.

(6) A claimed horse shall not race elsewhere until after the close of the meeting at which it was claimed except by permission of the stewards at the meeting where the horse was claimed.

(7) The claiming price of each horse in a claiming race shall be printed on the program, and all claims for said horse shall be the amount so designated. Should more than one claim be filed for the same horse, the disposition of the horse shall be determined by lot under the direction of one or more of the stewards or their representative.

(8) All claims must be made in writing, on forms and in envelopes furnished by the race meeting and approved by the board. Both forms and envelopes must be filled out completely and must be sufficiently accurate to identify the claim, otherwise the claim will be void.

(9) No money shall accompany the claim. Each person desiring to make a claim, must first deposit with the licensee the whole amount of the claim in cash, certified check or money order for which a receipt will be given unless at the time of depositing said claim he shall have such amount to his credit with the licensee.

(10) In claiming races not more than two horses in the same interest or under the control of the same trainer can start. The foal certificate of a claimed horse must remain in the racing secretary's office until the new owner removes the horse from the track.

(11) All claims shall be deposited in the claiming box at least 10 minutes before each post time. Any exception to this rule must be made by the board of stewards and posted in the racing office before the meet starts.

(12) No official or other employee of any race meeting shall give any information as to the filing of claims until after the race has been run.

(13) All claims shall be passed upon by the stewards, or their designated representatives. When a claim has been filed it is irrevocable and at the risk of the claimant.

(14) A horse claimed shall not be delivered by the original owner to the successful claimant, until authorization shall be given by the stewards, and every horse so claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse shall be vested in the successful claimant from the time said horse becomes a starter and said successful claimant shall become the owner of the horse, whether it be alive or dead, sound or unsound, injured during the race or after it.

(15) The stewards may, at any time, in their discretion, require any person making a claim for a horse in any claiming race, to make affidavit in writing that he is claiming said horse for his own account or as authorized agent, and not for any other person.

(16) No person shall refuse to deliver to the person legally entitled thereto a horse claimed out of a claiming race. Any horse not delivered to the person legally entitled thereto shall be disqualified from racing until delivery is made.

(17) No person shall offer, or enter into an agreement, to claim or not to claim, or attempt to prevent another person from claiming any horse in a claiming race; nor shall any person attempt, by intimidation, to prevent anyone from running a horse in any race for which it is entered; nor shall any owner or trainer running horses in any claiming race make any agreement for the protection of each other's horses.

(18) When a stable has been eliminated by claiming, the owner so affected (if he has not acquired a horse or horses before the close of the meeting) may obtain a certificate from the stewards of the meeting and on presentation of that certificate, the owner shall be entitled to claim during the next 30 racing days at any recognized meeting in this state until he has claimed a horse. Stables eliminated by fire or other hazards may also be permitted to claim this rule at the discretion of the stewards.

(19) Should any stable registered at a meeting be eliminated by sale or removal from the grounds, the right to claim is void.

(20) Should the stewards, within 24 hours after the running of a race, be of the opinion that the lease, sale or entry of a horse was not made in good faith, but was made for the purpose of obtaining the privilege of entering a claim, then in such case they may disallow or cancel any such claim and order the return of a horse that may been been delivered and refer the case to the board for further action.

(21) When a registered quarter horse is claimed the racing secretary shall collect a transfer fee from the claimant, which shall be forwarded to the American Quarter Horse Association, Amarillo, Texas, together with the registration certificate, written report of the race showing the date of the race, and the name and address of the person claiming the horse. Upon receipt of such fee, certificate, and report, the association shall make the transfer without report signed by the registered owner.

(22) Any registered quarter horse claimed in Montana will be permitted to race for the duration of the meet at which the horse was claimed, with a registration certificate in the name of the prior owner if the transfer attached thereto adequately indicates the present ownership. The registration certificate will be sent to the American Quarter Horse Association at the conclusion of said meet.

(23) For claiming purposes, a corporation must have an authorized agent. A notarized instrument acceptable to the board must be signed by the president and secretary of the corporation with the corporate seal attached appointing the authorized agent.

(24) When a horse is claimed, all of its conditions accompany the claim.

(1) If, at the time for saddling, only one horse shall have weighed out, that horse shall be ridden past the judge's stand to go to the post and then move over the course. He shall then be deemed the winner. In case of a walkover, the horse walking over shall receive:

(a) In overnight races, one-half of the winner's rightful share of first money.

(b) In stake races, one-half of the winner's share of the added money, plus all nomination, sustaining, subscription and entry fees.

(2) In case of a walkover, any money which by the conditions of the race would have been awarded to a horse placed second or lower in the race, shall, if contributed by the owners, be paid to the winner. If it is a payment from any other source, it shall not be awarded.

(3) In case of a walkover involving an entry of two or more horses and the horses move over the course, these rules apply as to the division of the purse.

(1) Only bandages authorized or approved by the track veterinarian may be used on a horse during a race, and all other bandages or leg coverings shall be removed before the horse reports to the paddock.

(2) Horses must be in the paddock at least 20 minutes before post time.

(3) Permission must be obtained from a steward to exercise a horse between races unless the horse is being warmed up on the way to and just prior to entering the paddock for the next race to be run. When a horse is being so warmed up before entering the paddock, his official program number shall be displayed by the rider.

(4) In a race each horse shall carry a conspicuous saddlecloth number and a head number, corresponding to his number on the official program. In the case of an entry each horse making up the entry shall carry the same number on head and saddlecloth with a distinguishing letter. For example, 1-1A. In the case of a field the horses comprising the field shall carry an individual number, i.e. 9, 10, 11, 12 and so on.

(5) After the horses enter the track, no jockey shall dismount and no horse shall be entitled to the care of an attendant without consent of the stewards or the starter, and the horse must be free of all hands other than those of the jockey or assistant starter before the starter releases the barrier.

(6) In case of accident to a jockey, his mount or equipment, the stewards or the starter may permit the jockey to dismount and the horse to be cared for during the delay, and may permit all jockeys to dismount and all horses to be attended during the delay.

(7) All horses shall parade, and, under penalty of disqualification, shall carry their weight from the paddock to the starting post, such parade to pass the steward's stand.

(8) After entering the track, not more than 12 minutes shall be consumed in the parade of the horses to post except in cases of unavoidable delay. After passing the stand twice, horses will be allowed to break formation and canter, warm up or go as they please to the post. When horses have reached the post, they shall be started without unnecessary delay.

(9) If a jockey is injured on the way to the post so as to require another jockey, the horse shall be taken to the paddock and another jockey obtained.

(10) No person shall willfully delay the arrival of a horse at the post.

(11) No person other than the rider shall be permitted to strike a horse, or attempt by shouting or otherwise to assist it in getting a start.

(12) Whips and/or blinders may be used on two-year olds and other first starters if such use is approved by the official starter and/or the stewards prior to the time of entry. The absence of whips shall be made known by the announcer prior to the start of the race.

(13) Equine nasal strips may be used if declared at the time of entry. Use of such strips must be noted in the racing program. A horse that wins a race while using the nasal strip must race with the nasal strip for the next race. If the horse does not win while using the nasal strip, the horse is not required to use it in the next race.

(1) No horse shall be whipped the first 30 yards away from the gate.

(2) When clear, a horse may be taken to any part of the course, however, crossing or weaving in front of contenders may constitute interference or intimidation for which the offender may be disqualified and the jockey disciplined.

(3) A horse crossing another so as actually to impede him is disqualified, unless the impeded horse was partly in fault, or the crossing was wholly caused by the fault of some other horse or jockey.

(4) If a horse or jockey jostle another horse, the aggressor may be disqualified, unless the jostled horse or his jockey was partly at fault or the jostle was wholly caused by the fault of another horse or jockey.

(5) If a jockey willfully strikes another horse or jockey or uses his whip in a manner to impede another horse or rides carelessly so as to injure another horse or jockey, when the other horse or jockey is no way at fault, or so as to cause other horses to do so, his horse may be disqualified and the jockey disciplined. A jockey shall not strike the horse he is riding in the head or shall he otherwise abuse the horse he is riding.

(6) When a horse is disqualified under this rule any other horse or horses in the same race coupled as an entry may be disqualified.

(7) Complaints under this rule can only be received from the owner, trainer or jockey of the horse alleged to be aggrieved, and must be made to the clerk of the scales or to the stewards before or immediately after his jockey has passed the scales. But nothing in this rule shall prevent the stewards from taking cognizance of any foul.

(8) Any jockey against whom a foul is claimed shall be given the opportunity to give an explanation to the stewards before any decision is made by them.

(9) A jockey whose horse has been disqualified or who unnecessarily causes his horse to shorten his stride with a view to complaint, or an owner, trainer or jockey who complains frivolously that his horse was crossed or jostled may be disciplined.

(10) All horses are expected to give their best efforts in races in which they run, any instructions or advice to jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and will subject all persons giving or following such instructions or advice to disciplinary action by the stewards and the board.

(11) If a horse, during the running of a race, becomes crippled or otherwise unable to finish (broken bone, profuse bleeding or any other disabling condition) , he shall be dismounted, unsaddled and removed from the track without passing the stand. Jockey in this case will not be required to weigh in.

(1) A protest, except a protest involving fraud, may be filed only by the owner (or his authorized agent) , trainer, jockey of a horse engaged in the race over which the protest is made or by a racing official of the meeting.

(2) A protest involving fraud may be made by any person.

(3) A protest, except a claim growing out of happenings in the running of the race, must be made in writing, signed by the complainant and filed with the stewards before post time of the race in question.

(4) To merit consideration, a protest against the programmed distance of a race must be made at least 30 minutes before post time for that race, but nothing in this rule shall affect the rule for races run at a wrong distance as compared with the official program.

(5) To merit consideration, an objection against a horse based on a happening in a race must be made to the stewards before the placing of the horses for that race has been officially confirmed. Objections may be lodged by the horse's owner, trainer or jockey.

(6) If a jockey wishes to lodge an objection regarding a happening in a race, the jockey must notify the clerk of the scales immediately upon the jockey's arrival at the scales for weighing in. The clerk of scales will thereupon put the jockey in touch with the stewards by telephone.

(7) Pending the determination of a protest against a steward's decision, any money or prize won by a protested horse, or any other money affected by the outcome of the protest shall be held by the licensee until the protest is determined.

(8) A protest against a steward's decision may not be withdrawn without permission of the board.

(9) No person shall make frivolous objections or protests.

(10) The stewards shall keep a record of all objections and protests and of any action taken thereon and shall report both daily to the board.

(11) In the event of mechanical failure or interference during the running of a race which affects one or more of the horses in such race, the stewards may declare the race as no contest. Any wagers on such races called off, canceled or declared as no contest shall be refunded, and no purse, prize or stakes shall be awarded. A race shall be canceled if no horse covers the course.

(1) When two or more horses run a dead heat, the dead heat shall not be run off.

(2) The owners of the horses in a dead heat shall divide equally the purse money involved.

(3) If a dead heat is for first place, each horse shall be considered as winner of the amount received.

(4) When a dead heat is run for second place and an objection is made to the winner of the race and sustained, the horses which run the dead heat shall be deemed to have run a dead heat for first place.

(5) Owners shall divide equally all monies and other prizes and if no agreement can be reached as to which of them should receive a cup, place or other individual prize, they shall draw lots for it in the presence of one or more of the stewards.

(1) Each holder of a simulcast network license shall name a director of simulcast network. It shall be this director's duty to coordinate the selection and transmittal of races and parimutuel information from originating tracks to simulcast facilities. He shall act as a liaison between the simulcast network licensee, the simulcast facility licensees, the licensed race tracks, and the board and its representatives, and shall supervise the management of the statewide wagering pools and assure that parimutuel statutes and rules are complied with and that moneys are correctly deposited and paid.

(1) Each holder of a simulcast facility license shall name a director of simulcast facility for its facility. It shall be this director's duty to coordinate the selection and transmittal of races and parimutuel information for the simulcast facility. The director shall act as liaison between the simulcast facility licensee, the simulcast network licensee, and the board and its representatives.

(1) Simulcast facilities shall run the same race cards as the host tracks run, except as permitted by the board.

(2) The board reserves the authority to require that incoming simulcast signals of any specific race or race meet be in cryptic form.

(3) If a video simulcast signal or part of a video signal is lost prior to race being run, but the audio signal continues, parimutuel wagering may continue provided that the odds display is available.

(4) If all video and audio simulcast signals are lost prior to post time, and until the race is run, parimutuel wagering shall cease. However all wagers made prior to the loss of all such signals shall remain in the pool and winning tickets may be paid therefrom. No further wagers shall be accepted until the signal resumes.

(1) In accordance with 23-4-202 (4) , MCA, 2% of exotic wagering on live racing shall be immediately and equally distributed to all purses for the race day except purses of stakes races.

(1) The board may require the licensee to set apart a building or other enclosure in a building in a location acceptable to the board containing such facilities for medication or other test of horses as may be required by the board.

(2) All horses entered in races held under these rules may be subject to inspection by the track veterinarian at any time before or after a race. After each race whenever possible a urine and/or hair and/or post-race serum or plasma sample shall be collected from each winning horse and such other horses as may be designated by the stewards. Such samples shall be designated as official samples and they shall be sealed in the presence of the trainer or his or her authorized representative and an official receipt signed by such person to indicate that the sample is a true and prompt sample from the horse in question shall be given.

(3) The stewards of the meeting may require at any time that any horse be sent to the testing enclosure for the taking of such specimens of saliva, urine and/or blood as shall be directed, as well as for an examination for "sponging" and other examinations as may be directed.

(4) The trainer or his authorized representative must be present in the testing enclosure when saliva, urine or other specimen is taken from his horse, and must remain until the sample tag attached to the specimen shall be signed by the trainer or his representative as witness to the taking of the specimen. Willful failure to be present at or refusal to allow the taking of any such specimen, or otherwise to interfere therewith, shall subject the person or persons guilty thereof, to immediate disciplinary action by the stewards of the meeting and the matter shall be referred to the board for such further action as in their discretion they may determine.

(5) All specimens taken by or under the direction of the track veterinarian or other authorized representative of the board shall be delivered to the laboratory approved by the board for official analysis. Each specimen shall be marked by number and date and may also bear such information as may be essential to its proper analysis; but the identity of the horse from which the specimen was taken or the identity of its owner, trainer, jockey, or the stable shall not be revealed to the laboratory.

(a) The container of each specimen shall be sealed as soon as the specimen is placed therein, and each such seal shall bear the name of the race meet.

(6) The official veterinarian, the board representatives, the stewards or their authorized representatives may take samples of any medicines, feeds or other materials suspected of containing substances which might affect the performance of a horse in a race which may be found in the stables or elsewhere on the premises of a licensee, or in the possession of any person on the premises of the licensee.

(7) The trainer, groom, assistant trainer and substitute trainer having charge, custody or care of horses racing on any track under the jurisdiction of the board are obligated to protect the horses in their care against the administration of any substance which could affect the performance of a horse in a race. Failure to protect any horse may result in any penalty deemed proper by the stewards and the matter may be referred to the board.

(8) The trainer shall be absolutely responsible for the condition of any horse he enters in a race as disclosed by any test and/or analysis conducted by an approved chemist.

(9) Possession of any material or substance, for human or animal use, not approved by the U.S. food and drug administration or use of such material or substance on a horse by external application, ingestion or injection or in any other manner is prohibited.

(10) Any licensed veterinarian who administers or makes available for administration by external application, ingestion or injection or by any other means any material or substance to a horse stabled at a licensed race meeting during the course of the race meeting shall maintain records of all treatments and make those records available to the board or its representative upon demand.

(a) This rule shall not apply to water, heat or cold treatment or customary liniments or salves, provided the same be applied externally only.

(11) Should any analysis made by any testing laboratory approved by the board, or any urine, saliva, blood or other sample taken from a horse entered in a race, before or after the race, prove positive, i.e. show the presence of any narcotic, stimulant, depressant, or any derivative or compound thereof, or any other identifiable drug or ingredient, the testing laboratory shall report the positive test in the manner described. The approved testing laboratory shall send an original and a duplicate signed copy reporting the results of such analysis and/or test the testing laboratory has conducted to the office of the board. The board secretary shall file the original and immediately mail duplicate copy to the state steward.

(12) The state steward shall not authorize purse payment of a race until the state steward has received a report from the approved testing laboratory. If the report shows a positive test indicating the presence of a forbidden substance, the stewards will conduct a hearing. The purse shall not be released until ordered by the stewards after hearing the case.

(13) When the stewards receive a written report from the testing laboratory that a positive urine or other test has been found, they shall at once summon the trainer, the groom or grooms, and any other employees of the trainer who may have had contact with the horse from which a positive test was obtained. The trainer, grooms and such other employees shall appear before the stewards.

(14) After the stewards have informed the trainer of the positive test, they shall request the security officer or officers to assist them to accompany the trainer to the stable and to conduct in the presence of the trainer, a thorough search of the trainer's barn, automobile, and any other vehicles which the trainer may have in the trainer's possession or under the trainer's control.

(15) As a result of the evidence gathered, the board of stewards shall have the authority to fine and/or suspend or revoke the license of a trainer up to the limits allowed in 23-4-202, MCA. If for any reason the stewards determine the matter should be heard by the Board of Horse Racing, they have the option of imposing such sanctions as they see fit and referring the matter for further action to the Board of Horse Racing.

(16) Any horse showing a positive test indicating the presence of a forbidden substance shall be subject to disqualification and the owner or owners shall not participate in the purse distribution and shall not receive any trophy, blanket, or other prize awarded unless so ordered by the board after hearing the case.

(17) Any track record established by a horse showing a positive test indicating the presence of a forbidden substance shall be null and void.

(18) Except by specific written permission of the stewards, no person other than a licensed veterinarian within the grounds of a race meet where horses are lodged or kept shall have in or upon the premises which he occupies or has the right to occupy, or in his personal property or effects, any hypodermic instrument or part of a hypodermic instrument.

(19) Any time a positive test and/or analysis is reported by the approved testing laboratory and at any other time deemed advisable, the board, the stewards, or duly authorized representative of either may conduct a search for and seize any illegal paraphernalia, forbidden substance, or substance not approved by the U.S. Food and Drug Administration.

(20) In regard to hair sampling, the presence of any prohibited substances that appear in a pre-race or post-race sample including, but not limited to, clenbuterol, zilpaterol, and ractopamine will constitute a violation.

(21) If a horse is selected for hair testing and the mane is less than three inches in length, a hair sample may be collected from the tail.

(1) No horse participating in a race shall carry in its body any substance foreign to the natural horse except as hereinafter provided.

(2) No foreign substance shall be administered to a horse entered to race by injection, oral administration, rectal infusion or suppository or by inhalation within 24 hours prior to the scheduled post time for the first race, except as hereinafter provided.

(3) The only substances permitted to be administered to a horse by this rule is phenylbutazone (Butazoladin) or derivatives thereof and furosemide (Lasix).

(4) Phenylbutazone shall be administered in a dosage amount such that concentrations shall not exceed 2 micrograms per milliliter of post-race serum or plasma.

(5) Race day medication is allowed in treatment of EIPH (exercise induced pulmonary hemorrhage). Up to 250 mg (5cc or 50 md/ml) furosemide (Lasix) IV is permitted up to four hours before race time. A horse racing with furosemide must show a detectable concentration of the drug in the post-race serum or plasma, not to exceed 100 nanograms per milliliter.

(6) A horse which, during a race or following a race, or which, during exercise or following exercise, is found to be hemorrhaging from one or both nostrils or is found to have bled into its trachea as determined by endoscopic examination is eligible to be placed on the Lasix list and treated on race day to prevent bleeding during its race.

(7) In order to obtain authorization for race day treatment of the bleeder, the horse's trainer must:

(a) provide evidence that the horse was certified as a bleeder by another state; or

(b) provide an affidavit signed by a veterinarian stating that the horse had bled; or

(8) When confirmed by the official veterinarian, the horse may be placed on the Lasix list which is maintained by the official veterinarian and the stewards. Being on the Lasix list will enable the horse to be entered to race on furosemide (Lasix). Once on the Lasix list, a horse may be removed from the Lasix list by the trainer after 30 days. A horse removed from the Lasix list cannot be put back on the list for a period of 30 days, and only then after being determined to bleed after a race or work as witnessed by the official veterinarian or a practicing veterinarian. Lasix lists will apply to horses listed at all tracks on a statewide basis. Lasix approval will expire each year on December 31. Horses on the current year's Lasix list leaving Montana to race in another jurisdiction which does not allow the use of furosemide (Lasix) will assume their place back on the Lasix list upon returning to Montana.

(a) No horse may be entered in a race under the influence of furosemide unless the trainer and veterinarian of the horse submit to the official veterinarian a drug request form and obtain written approval from the official veterinarian. The board shall supply the drug request form. The drug request form shall include provision for the following:

(i) the name, age, sex and breed of the horse;

(ii) the names of the licensed trainer and licensed veterinarian;

(iii) the nature of the horse's injury or disease as determined the veterinarian;

(iv) a place for a request by the trainer to discontinue medication; and

(v) a place for the signatures of the trainer and veterinarian attending the horse and the board approved official veterinarian.

(9) Horses observed or certified to have bled during or after racing or exercise will be automatically put on a "bleeder's list." This list will be maintained by the official veterinarian and steward, and will require that a horse bleeding for the first time will be ineligible to enter a race for a period of 10 days after the bleeding incident. Horses which are placed on the bleeder's list following a second incident of bleeding will be ineligible to enter a race for a period of 20 days after the second incident. Horses which are placed on the bleeder's list following a third or greater incident of bleeding will be ineligible to enter a race for a period of 60 days after the third or greater incident. After the 60-day ineligibility period, a horse may become eligible to enter only after consultation with the official veterinarian and authorization by the official veterinarian.

(10) A horse on medication the Lasix list cannot be treated less than four hours prior to post time with furosemide (Lasix). No other medication may be administered for bleeder treatment. Lasix must be administered in the manner approved by the official veterinarian. Oral administration of furosemide (Lasix) is not permitted. Permitted bleeder medication shall be administered by a licensed veterinarian. Such administration may be performed at the trainer's barn.

(a) Trainers are required to have Lasix forms completed by the veterinarian at the time of administration of Lasix, not less than four hours prior to post time. The form shall include date, time and amount of Lasix administered. After signature by the veterinarian, the Lasix form must be returned to the test barn personnel within ten minutes of the time of administration of Lasix.

(b) Test barn personnel, upon receipt of the Lasix form, shall log in the date and time of receipt. If the time of receipt exceeds the ten minute grace period, the test barn personnel shall notify the stewards, and the horse will be scratched by the stewards for that day's racing.

(11) Horses are allowed to compete in races with phenylbutazone in their system as long as the trainer has declared phenylbutazone at time of entry.

(12) Systemic therapy of phenylbutazone consistent with accepted standards of veterinary practice is allowed up to 24 hours before race time. Systemic therapy means the administration of phenylbutazone given at dosage of two grams IV or the oral equivalent thereof at 24 hour intervals on a daily basis, with the final dosage given by injection or the oral equivalent thereof 24 hours prior to post time.

(13) The first violation of this rule by the trainer may result in a fine imposed upon the horse's trainer, loss of purse and such other penalty deemed appropriate.

(14) A second violation, and each succeeding violation of this rule, by the same trainer, shall result in imposition of a fine, loss of purse and such other penalty deemed appropriate.

(15) If furosemide (Lasix) is not detected in the urine or in any other specimen taken from a horse authorized to be on Lasix, then the trainer of record shall be subject to such penalties deemed appropriate by the stewards as to protect the integrity of the racing industry.

(16) If phenylbutazone or furosemide is detected in the urine or in any other specimen taken from a horse not authorized to use the drugs as specified at time of entry, the horse's trainer is subject to such penalties deemed appropriate as provided elsewhere in these rules.

(17) The horse's veterinarian shall be responsible for any medication he administers, prescribes or causes to be administered to a horse. If the veterinarian is found to have made an error in type or quantity of medication administered, or in causing a trainer to be in violation of these rules, then such veterinarian shall be subject to disciplinary action.

(18) Horses that are being treated with phenylbutazone or furosemide must be indicated on the daily racing programs.

(1) No persons shall use profane or obscene language to any racing official or any employee or representative of the board.

(2) No person shall in any manner or at any time, disturb the peace or interfere with the lawful activity of any racing official on the grounds of a race meeting.

(3) No person shall knowingly or intentionally make and submit or cause to be submitted to any racing official any false or intentionally misleading sworn statement.

(4) No person shall give, offer, or promise, directly or indirectly, either on his own behalf or in behalf of another, to anyone, any bribe, gift, or gratuity in any form, for the purpose of improperly influencing the result of a race, or which would tend to do so.

(5) No racing official or his assistant, no owner, trainer, jockey, or agent, and no persons having charge or access to accept on his own behalf or on behalf of another, any bribe, gift, or gratuity in any form to influence the result of race, or which would tend to do so.

(6) No person shall enter, or cause to be entered, or start, a horse which he knows or believes to be ineligible or disqualified.

(7) No person shall offer or receive money or any other benefit for declaring an entry from a race.

(8) No person shall make a bet for the account of any jockey except the owner or trainer of the horse the jockey is riding and then only on the horse being ridden by said jockey.

(9) No person shall offer to give a jockey any money or other benefit in relation to a race unless said person is the owner or trainer of the horse ridden in said race by said jockey.

(10) No electrical or mechanical device or other appliance designed to increase or decrease the speed of a horse (or that would tend to do so) other than the ordinary whip shall be possessed by any one or applied by any one to a horse at any time on the grounds of a race meeting, during a meeting, whether in a race or otherwise.

(11) No person shall improperly tamper or attempt to tamper with any horse in such a way as to affect his speed in a race, nor shall he counsel or in any way aid or abet such tampering.

(12) No person shall assume or pay, directly or indirectly, a fine imposed upon a jockey.

(13) No owner or trainer shall compensate a jockey for the purpose of preventing him from riding in any race.

(14) All fines, forfeitures and suspensions shall be enforced by the stewards or by the board. No other racing official shall have the right to impose a fine or suspension although any racing official may recommend to the stewards that disciplinary action be taken against a named person. Each racing official shall report to the stewards any observed violation of the rules of racing.

(15) All fines or suspensions imposed by the stewards shall be promptly reported in writing to the board.

(16) All fines shall be made payable to the board and delivered to the state steward or his duly authorized representative within 24 hours after imposition and shall be turned over to the board at the end of the race meeting. Failure to pay any fine within the time specified shall result in an automatic suspension which shall continue until such time as the fine is paid or the ruling imposing the fine is overturned by the board or a court of law.

(17) All suspensions for a specified period of time shall be considered in calendar or racing days. The ruling shall specify the first and last day of the suspension.

(18) No racing official shall directly or indirectly buy or sell any contract upon any jockey or apprentice for himself or another, nor shall he write or solicit horse insurance.

(19) No racing official shall directly or indirectly wager money or anything of value on the result of any race at any licensed race meeting at which he/she presides.

(20) Any trainer, owner or other licensed racing person who knowingly harbors or conceals anyone not provided with proper credentials or not licensed as required by these rules shall be reported to the stewards and subject to disciplinary action.

(21) No person shall make a hand book or a foreign book on the grounds of a race meeting.

(22) No person shall solicit for a bet with a hand book or a foreign book on the grounds of a race meeting.

(23) No person who is a bookmaker, or who is known or reputed to be a bookmaker, or who is a fugitive from justice, or whose conduct at a race track in Montana or elsewhere, now or heretofore, has been detrimental to the best interests of racing, shall enter or remain upon the premises of any licensee conducting a horse racing meet or meeting under the jurisdiction of the board, and all such persons shall upon discovery or recognition be forthwith ejected from race tracks in the state by licensees in this state and/or by the representatives and agents of the board.

(24) Violators of any rule of the board shall be subject to ejection from the grounds, fine, suspension or revocation of license and/or such other penalty permissible under the authority delegated by law to the board, including the suspension of a named horse. The penalties provided in this section shall be applicable to every section of these rules the same as though it were a part of each and every section of these rules.

(25) Any person ejected from the grounds of a race meeting or simulcast facility shall be denied admission to said grounds or facility until permission for re-entering has been obtained from the board.

(26) When a person is ruled off or suspended, every horse owned in whole or in part by him or under his care, management, training or superintendance shall be ineligible to be entered or to start in any race until said horse or horses have been reinstated by the termination or recision of the penalty or by transfer of the horse or horses through bona fide sale, or by placement of the horse or horses in the hands of a licensed trainer approved by the board.

(27) Any person or horse ruled off or suspended by any recognized turf authority shall be prohibited from participating in racing in Montana according to the terms of the ruling made by said recognized turf authority.

(1) For the purpose of implementing 23-4-202(2) , MCA, as amended, and also of defining conduct which the board considers detrimental to the best interest of racing, the board rules that the following conduct is detrimental to the best interest of racing but these rules are not intended to limit the application of the phrase or otherwise to be exclusive:

(a) disturbance of the peace on the grounds of a race meet;

(b) fighting, brawling, assault, intimidation, causing an altercation or participating in an altercation on the grounds of a race meet;

(d) committing moving traffic motor vehicle violations on the premises of a race meet;

(e) carrying fire arms or other dangerous weapons on the grounds of a race meet;

(f) mutilating or maiming of a race horse or other animal;

(g) possession, sale or giving away a controlled drug or other chemical substance on the grounds of a race meet without a valid prescription;

(h) negotiating stolen checks and issuing bad checks;

(i) having been convicted of a crime involving horse racing or a felony but not having completed state supervision;

(j) making unwarranted or frivolous claims of foul;

(k) disobeying orders from stewards;

(l) entering a horse at more than one race meet on the same day.

(m) wagering money or anything of value either directly or indirectly, on the result of any race at any licensed race meet in this state, by any presiding licensed official.

(n) making frivolous appeals from stewards rulings;

(o) violating the board's corrupt practices rules;

(p) violating statutes and rules relating to horse race regulation in the state of Montana.

(q) failing to cooperate with an investigation by the board, or by a board of stewards, by:

(i) not furnishing requested papers or documents;

(ii) not furnishing a full and complete explanation of matters referred to in a complaint filed with the board;

(iii) not responding to subpoenas issued by the board;

(iv) willfully misrepresenting facts to a board investigator;

(v) using threats, harassment, extortion or bribery on potential witnesses to discourage them from cooperating with an investigation or from testifying.

(1) No licensee of any entity associated with the conduct of racing while on the grounds of a licensed race track or simulcast facility shall have present within the licensee's system any amount of alcohol which would constitute legal impairment or intoxication.

(2) A designated board of horse racing representative may direct any such licensee or employee to submit to a breathalyzer test. Such licensee or employee shall, when so directed, submit to such examination. If the results thereof show a reading of .05 percent alcohol content or more, such licensee or employee shall not be permitted to continue his/her duties for that day. Such licensee or employee shall then be subject to fine or suspension by the stewards or board of horse racing.

(3) For a subsequent alcohol related violation such licensee shall be subject to procedures outlined in (18) .

(4) No licensee of any entity associated with the conduct of racing while on the grounds of a licensed race track or simulcast facility shall have within the licensee's system any controlled substance as listed in the U.S. Code, Title 21 (Food and Drug Laws) or any prescription drug unless such prescription drug was obtained directly or pursuant to valid prescription or order from a licensed physician.

(a) Jockeys shall be required to furnish urine or blood samples as part of their pre-licensing medical examination for drug screening purposes.

(b) Refusal to submit to the test, or test results reporting a presence of illegal drugs or narcotics, or the use of non-prescription drugs shall be grounds for refusal to license the applicant. Any use or possession of illegal drugs that constitutes a felony shall preclude any further consideration of the license application.

(c) Licensees found to be involved in the illegal sale, manufacture or distribution of any narcotic/drug will be subject to license disciplinary action.

(d) Licensees demonstrating addiction to any narcotic/drug will be subject to license disciplinary action.

(e) Any improper use of any narcotic/drug by a licensee after licensing will be grounds for license disciplinary action.

(5) Current licensees will be required to submit to tests for alcohol, drug or narcotic usage as outlined below:

(a) A steward may order a drug test when, after consultation with another steward or board representative, both concur that there is documentation that a licensee:

(i) is impaired or incapable of performing his/her assigned duties; or

(ii) has high absenteeism, or other behavior inconsistent with previous performance.

(b) The contents of the documentation shall be made available to the licensee.

(6) Licensees may be ordered by a steward to submit to a drug test:

(a) when the allegation involves the use, possession or sale of drugs or narcotics; or

(b) when the allegation involves the actual use of force; or

(d) if two or more representatives of the jockeys at any race track advise the stewards at the track that they believe a jockey, who is scheduled to ride, is under the influence of drugs and/or alcohol, the stewards or their agents have probable cause for conducting such drug and/or alcohol tests on such jockeys as they deem appropriate.

(7) A steward who orders a drug test when there is a reasonable objective basis for suspecting usage shall forward a report containing the facts and circumstances directly to the board.

(8) Test results reporting a presence of illegal drugs or narcotics, or the use of prescription, or the abuse of any over-the-counter drug, will be provided to the stewards by the board.

(9) The licensee designated to give a sample must be positively identified prior to any sample being obtained.

(a) The room where the sample is obtained must be private and secure. An observer of the appropriate sex shall be present for direct observation to ensure the sample is from the employee and was actually passed at the time noted on the record. Specimen collection should not demean, embarrass, or cause physical discomfort to the licensee.

(b) An interview shall be conducted with the licensee prior to the test to establish use of drugs currently taken under medical supervision.

(c) Specimen samples must be sealed, labeled and checked against the identity of the licensee to ensure that the results match the testee. Samples shall be sorted in a secured and refrigerated atmosphere until tested or delivered to the testing lab representative.

(10) Licensees who have been subjected to drug tests and shown to be drug free, shall receive a letter stating that no illegal drugs were found. If the licensee requests, a copy of the letter will be placed in the licensee's personal file.

(11) Licensees shall not take any narcotics or dangerous substance unless prescribed by a person licensed to practice medicine. Licensees shall submit, when requested by a steward, a doctor's statement attesting to their ability or inability to competently perform their work functions while under the influence of the prescriptive drugs.

(12) Members of the board and its designated representatives shall have the authority to full and complete entry on and to any and all parts of the grounds and mutuel plants of any licensee. Licensees who have a reasonable basis to believe that another licensee is illegally using drugs or narcotics shall report such facts and circumstances immediately to the state steward of the live race meet or the simulcast director of the simulcast facility. Any licensee who refuses to take the required drug test or to follow this rule is subject to be immediately relieved from duties pending administrative review.

(13) Acting with reasonable cause, the stewards or a designated board of horse racing representative may direct any such licensee or employee to deliver a specimen of urine in the presence of the state steward or state security or other properly trained, duly licensed officials as designated by the board or subject himself/herself to the taking of a blood sample or sample of other body fluids by a duly licensed physician as designated by the board of horse racing.

(14) In such cases the stewards or the board of horse racing representative may prohibit such licensee or employee

from participating in that day's racing or simulcast activities or other racing or simulcast activities until such time as said licensee or employee evidences a negative test result.

(15) Sufficient sample shall be collected to insure a quantity for a split sample when possible.

(16) Refusal by such licensee or employee to provide the samples herein described, as so directed, shall be in violation of these rules and shall subject such licensee or employee to sanctions by the stewards or the board of horse racing.

(17) All random testing shall be at the expense of the board of horse racing and the racing association on a 50-50 basis. All scheduled testing, done under board order or other court or drug counselor order shall be at the expense of the person being tested.

(18) First time violators shall not be allowed to participate in racing until such time as their condition has been professionally evaluated and a professional written opinion is received stating that they can function safely without risk to the public and without detriment to the best interests of racing.

(a) After such evaluation, if said licensee's or employee's condition proves non-addictive and not detrimental to the best interest of racing, said licensee or employee shall be allowed to participate in racing provided he/she can produce a negative test result and agrees to further testing at the discretion of the stewards or designated representative of the board to insure his/her continued unimpairment.

(b) After such professional evaluation, should said licensee's or employee's condition demonstrate addiction or a condition detrimental to the best interest of racing, said licensee or employee shall not be allowed to participate in racing until such time as he/she can produce a negative test result and show documented evidence that he/she has successfully completed a certified alcohol/drug rehabilitation program approved by the board of horse racing. Said licensee or employee must agree to further testing at the discretion of the stewards or designated representative of the board to insure his/her unimpairment.

(c) If this is the second offense, the jockey shall not be permitted to ride again for six months, and until he/she presents the stewards with a statement that he or she has satisfied the requirements of an appropriate rehabilitation program, with a negative test result and with an agreement to further testing at the discretion of the stewards; and

(d) If this is the third offense, such jockey's license shall be revoked.

(1) Betting will only be permitted by means of a parimutuel system or totalizator system that has been approved by the board of horse racing.

(2) No employee of the licensee or of the totalizator company, or of the parimutuel department, may bet for himself or any other person during a race meeting in which he or she is a licensed employee.

(3) Any claim by a person that a wrong ticket has been delivered to him must be made before leaving that mutuel ticket window. No claim shall be considered thereafter and no claim shall be considered for tickets thrown away, lost, changed, destroyed or mutilated beyond identification. Payment of wagers will be made only on presentation of appropriate parimutuel tickets.

(1) The licensee shall not sell or cash parimutuel tickets to persons under 18 years old. Signs indicating that persons under 18 are not allowed to bet shall be conspicuously displayed near the selling and cashing windows.

(2) The licensee shall provide at least one armed guard to protect the cash room. Such guard shall be posted continuously from the time the betting begins until the cash room is closed and travel with the money until deposited.

(3) The licensee shall ensure that all parimutuel tickets sold during a race meeting are purchased or cashed from the front of the regular ticket windows.

(4) The licensee shall provide direct communication between the steward's stand and the parimutuel department.

(5) The licensee shall designate by Montana horse racing board identification badges the identification of every cashier and seller to permit identification to the public.

(6) The mutuel department, at every race meeting, must be conducted in a strict, dignified and proper manner. All parimutuel selling machines must be located only in places easily accessible and in plain view of the general public.

(7) All employees shall be given instructions as to their duties in a mutuel department before the meet begins. These instructions are to be given by the parimutuel manager.

(8) The infield board shall be so situated as to afford the betting public an unobstructed view.

(9) The licensee shall ensure that not less than three complete quotations of odds are posted for the purpose of informing the public of the actual betting odds. A final line after the closing of betting and before the finish of the race shall be posted.

(10) The licensee shall ensure that the final odds for each race remain on the infield board a minimum of 30 seconds after the official race prices for that race have been posted.

(11) The licensee shall post in plain view of the public the actual prices to be paid for each ticket.

(12) Wherever economically possible the licensee, including a simulcast network, may be required to furnish a certified public accountant, licensed to practice in the state of Montana and the accountant shall have the following duties:

(a) completion of the forms summarizing the day's mutuel operation;

(b) verification of the pay-off computations;

(d) submission of financial statements covering parimutuel operations for the entire race meet.

(13) The parimutuel manager shall ensure that no seller is advised of a shortage or overage in the seller's money, until the completion of the days race program.

(14) Sellers shall be responsible to the licensee for their shortages; sellers shall not be permitted to count the contents of their money box.

(15) A licensee must deposit all receipts by the next banking day and submit to the board, statements showing parimutuel receipts, percentages retained, and such other information as may be required for the proper administration of the law. Said information shall be submitted within five days after the close of the meeting.

(a) Completion of the forms summarizing the day's mutuel operation, and verification of the pay-off computations, and completion of such other forms as may be required by the supervisor of parimutuel betting.

(16) Wherever possible, the licensee shall post, after each race, in view of the public, the amounts bet on each horse, win, place and show, and the total amounts of these pools. Also, the total amounts of each special betting feature pool with the number of tickets sold on the winning combination, such information to remain on the board until completion of the day's racing card.

(17) Each licensee shall report to the board the total face value of all unclaimed winning tickets from their meet within 30 days of the end of the meet. A claim on a winning ticket may be made within a 30 day period after the end of the meet after which it may be retained by the licensee for capital improvements approved by the board. Board approved capital improvements shall be completed, and the unclaimed ticket money spent, within one year from the date of board approval.

(1) The parimutuel manager is responsible for the accuracy of all pay-off prices.

(2) If for any reason a change is made in any figure on the calculator's sheet or any sub-sheet thereof, in the recording of the wagering, such change must be approved by the parimutuel manager after consultation with the tote manager.

(3) A copy of each completed pool calculation sheet and other supporting documents shall be turned over to the parimutuel manager upon completion of each race.

(4) At the end of each race day, the parimutuel manager shall prepare or have prepared a parimutuel recapitulation form. The recapitulation form shall be provided by the Montana board of horse racing.

(5) The parimutuel manager shall balance the parimutuel recapitulation against the cash room report for each race day and file a report explaining any discrepancy.

(1) If an error is made in posting the pay-off figures on the public board, it shall be corrected promptly and only the correct amounts shall be used in the pay-off, irrespective of the error on the public board, but no change shall be made in the pay-off after the cashing of winning tickets has commenced. If an error is discovered before the pay-off is started, the correct pay-off shall be posted and a statement made over the public address system stating the facts and the corrections.

(2) All overpayments shall be borne by either the licensee or the tote company as agreed between the above parties prior to the opening of the race meet.

(3) All underpayments shall be added to the comparative pool in the following race. (Example: If the underpayment occurs in the "win" pool of the first race, the amount is added to the "win" pool in the second race.) All underpayments not discovered until the conclusion of the racing day shall be added to the comparative net pool (i.e., the pool remaining after deduction of the legal commission) of the first race the next following day at said meeting. Any underpayment not discovered until the end of the race meeting shall become the property of the board of horse racing.

(4) Illegible or mutilated tickets shall not be sold; further they shall be voided with ink or mutilation and accounted for by the mutuel manager and licensee in calculation of the gross pool, but not to be included as winning tickets.

(5) Illegible or mutilated tickets issued by a ticket issuing machine shall not be sold. These tickets are to be voided by ink or mutilation and are to be attached to the calculation sheet for their respective pool and race.

(6) The licensee shall be responsible for all seller's errors. Any customer complaint concerning a seller's error shall be immediately called to the attention of the parimutuel manager, and the parimutuel manager's decision shall be final.

(1) All track licensees are required to print a program which may be sold to the public.

(2) The daily race program shall give the names of the horses which are scheduled to run in each of the day's races; indicate the order in which each race is to be run; the purse; distance of each race; permissive medication; equipment; the post position; past performance lines; color; sex; and age.

(3) The daily race program must carry the parimutuel number opposite each horse.

(4) The daily racing program shall contain past performance lines as obtained from a chart company.

(5) The following must appear on the daily race program:

"No mutilated tickets will be paid or refunded after leaving the seller's window." and "No tickets will be refunded or exchanged after leaving the seller's window."

(1) The quinella is a contract by the purchaser of a quinella ticket to select the first two horses to finish in a race in any order.

(2) The exacta is a contract by the purchaser of an exacta ticket to select the first two horses in their respective order of finish in a race.

(3) The trifecta is a contract by the purchaser of a trifecta ticket to select the first three horses in their respective order of finish in a race.

(4) The big Q is a contract by the purchaser of a big Q ticket to select the first two horses in two successive races.

(5) The daily double is a contract by the purchaser of a daily double ticket to select the winner of the first race of the daily double and the winner of the second race of the daily double.

(6) The win is a contract by the purchaser of a win ticket to select the first horse to finish in a race.

(7) The place is a contract by the purchaser of a place ticket to select a horse to finish in any of the first two places.

(8) The show is a contract by the purchaser of a show ticket to select a horse to finish in any of the first three places.

(9) The twin trifecta is a contract by the purchaser of a ticket to select the three horses that will finish first, second, and third in each of two designated twin trifecta races in the exact order as officially posted.

(10) All approximate odds reflect pay outs on the win pool only. (Pay outs on other pools are totally independent and may be larger or smaller than win pool payouts.) These odds pay to win.

(11) If any feature bet is not offered by the licensee, it is not required to be printed on the program.

(12) A bet on an "entry" is successful if any horse in the entry is successful. An "entry" occurs when horses sharing a common interest are coupled and run together as if one horse.

(13) A mutuel field has the same effect as an entry.

(1) The totalisator system must be approved by the Montana board of horse racing.

(1) Betting shall not commence for the race day until the tote manager has demonstrated to the satisfaction of the parimutuel manager that the mutuel system is operating properly.

(2) The parimutuel manager shall not allow the opening of the day's betting if:

(a) Any connected issuing machine fails to issue legible tickets, properly record on the tote the issuance of a ticket, function in any way which would materially interfere with the proper calculation of a pool or the proper supervision of the operation of the mutuel system.

(b) Any part of the machinery in the automated mutuel system malfunctions so as to materially interfere with the proper calculation of a pool or the proper supervision of the operation of the mutuel system.

(c) Any issuing machine bears a ticket code, identical to any previous day of the race meet, or has tickets that bear serial numbers inclusive of any used during a previous day of the race meeting.

(d) The parimutuel manager has failed to draw a test ticket from every machine prior to the first race of the race day.

(3) If new rolls of tickets are to be inserted during the course of the race day, the tote manager shall inform the parimutuel manager.

(4) If the parimutuel manager refuses to authorize the opening of wagering, the parimutuel manager shall explicitly explain to the stewards the reason for the refusal. When the defects in the mutuel system are remedied and its adequacy demonstrated, the parimutuel manager shall authorize the opening of wagering.

(5) Any faulty operation of the totalizator or infield board shall be explained in detail in a written report by the tote manager and a copy of said report given to the parimutuel manager.

(6) A random testing program shall be performed on a computerized system to verify that all functions of the system are working properly. This shall be done prior to the opening of each race day by the parimutuel manager.

(1) The minimum elapsed time between the previous race being declared "official" and the next official post time, shall be, at the discretion of the steward after giving due consideration to the facilities of the parimutuel plant and the requirements of the parimutuel manager.

(1) The location of the switches controlling the cease betting signals must be approved by the steward. The steward shall have complete charge of said controls; in the event the parimutuel machines are closed off before time, during wagering on a race, they shall not be reopened without the express permission of the steward.

(2) At all race meetings all betting must cease when the starter dispatches the horse from the starting gate or such other time, prior to the actual start of the race, as the steward may approve.

(3) The steward shall lock all issuing machines when the last horse is loaded in the starting gate.

(1) The licensee may retain 20 percent of the total amount wagered on each race, with 1% being paid to the Montana board of horse racing, and in addition may retain:

(a) any remainder occurring in each calculation on a dollar basis;

(b) any odd cents over any multiple of 10 cents in the amount calculated on a dollar basis, so that the licensee may retain the breaks on tickets of every denomination except in the case of a minus pool.

(2) In the event a minus pool should occur and the amount calculated on the dollar basis be less than 10 cents, the association shall pay the amount of five cents on each dollar bet.

(3) In the event a minus pool occurs, the expenses of such minus pool shall be borne by the licensee.

(1) When two or more horses owned by the same owner or trained by the same trainer are entered or run in a race, the licensee shall ensure that such horses are coupled in the betting as an entry.

(2) Horses separately owned or trained may be coupled as an entry, for the purpose of parimutuel wagering, by the presiding steward, where it is deemed necessary to do so to protect the public interest.

(3) A wager on one horse of an entry or a mutuel field shall be considered a wager on all horses so coupled in that particular entry of mutuel field. Entries shall not be uncoupled in dealing with the parimutuel wagering except as otherwise provided.

(4) If no money has been wagered to place on a horse which is placed first or second in a race, the place pool for that race shall be apportioned among holders of place tickets on the other horse which was placed first or second.

(5) If no money was wagered to show on a horse which is placed first, second or third in a race, the show pool in that race shall be apportioned among the holders of show tickets on the other horses which are placed first, second, or third in that race.

(6) The win pool shall be calculated as follows:

(a) Deduct 20%. Deduct the value of the winning tickets. Divide the net pool by the value of tickets on the winning horse. Pay off at the result obtained multiplied by the purchase price of each ticket, plus the purchase price of each ticket.

(7) The place pool shall be calculated as follows:

(a) Deduct 20%. Deduct the total value of the two winning tickets. Allot half the net pool to each horse. Divide by the value of tickets on each winning horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(8) The show pool shall be calculated as follows:

(a) Deduct 20%. Deduct the total value of the three winning tickets. Allot one-third of the net pool to each horse. Divide the value of tickets on each winning horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(1) When two horses finish in a dead heat for first place, the win pool shall be calculated as a place pool.

(2) Should three horses finish in a dead heat for first place and the heat is not run off, the straight pool and the place pool shall be calculated as show pools.

(3) Should two horses finish in a dead heat for second place, the place pool shall be calculated as follows:

(a) Deduct 20%. Deduct total value of the winning tickets. Divide net pool in two. Allot half of the net pool to the horse finishing first and the remaining half divided between the horses finishing in a dead heat for second place. Divide portions allotted to each horse by the value of tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor plus purchase price of each ticket.

(4) Should three horses finish in a dead heat for second place, the place pool shall be calculated as follows:

(a) Deduct 20%. Deduct total value of winning tickets. Divide net pool in two. Allot one-half of net pool to the horse finishing first and the remaining half divided equally among the three horses in the dead heat for second place. Divide portions allotted to each horse by the value of tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(5) Should three horses finish in a dead heat for second place, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct the total value of winning tickets. Allot one-third of the net pool to the horse finishing first and the remaining two-thirds to be divided equally among the three horses finishing in the dead heat. Divide portions allotted to each horse by the value of the ticket sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus purchase price of each ticket.

(6) Should two horses finish in a dead heat for third place, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct total value of winning tickets. Divide net pool in three equal parts. Allot one-third to each of the horses finishing first and second, the remaining third to be divided equally between the two horses finishing in the dead heat for third. Divide portions alloted to each horse by the value of tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor plus the purchase price of each ticket.

(7) Should three horses finish in a dead heat for third place, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct total value of winning tickets. Divide net pool in three. Allot one-third to each of the horses finishing first and second. Divide the remaining third equally among the three horses in the dead heat for third place. Divide portions allotted to each horse by the value of the ticket sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor plus the purchase price of each ticket.

(1) Should two horses of an entry or of the mutuel field finish first and second, the place pool shall be calculated as a win pool and divided among those holding place tickets on the entry or the mutuel field.

(2) Should two horses of an entry or the mutuel field finish first and second and another horse finish third, the show pool shall be calculated in the manner outlined in the next section.

(3) Should two horses of an entry of the mutuel field finish first and third, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct the total value of the two winning tickets. Allot two-thirds of the net pool to the entry of mutuel field. Allot one-third of the net pool to the remaining horse. Divide portions allotted to each horse by the value of tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(4) Should two horses of an entry or of the mutuel field finish second and third, the show pool shall be calculated in the manner outlined in the preceding section.

(5) Should the horses of an entry or of the mutuel field finish first, second and third, the place and show pools shall be calculated as win pools and divided among those holding place and show tickets on the entry or the mutuel field.

(1) Should a horse of an entry or one horse of the mutuel field finish first and another horse of the entry or mutuel field finish in a dead heat with another horse or second place, the place pool shall be calculated as follows:

(a) Deduct 20%. Deduct the value of the two winning tickets. Divide net pool in two. Allot half the net pool to the horse finishing first and the remaining half divided between the two horses finishing in a dead heat for second place. Couple the portions allotted to each horse by the value of tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor plus the purchase price of each ticket.

(2) Should two horses of an entry or of the mutuel field finish in a dead heat for the first place, the place pool shall be calculated as a straight pool.

(3) Should one horse of an entry or one horse of the mutuel field finish first and another horse of the entry or of the mutuel field finish in a dead heat with another horse for third place, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct the value of the winning tickets. Allot one-third to the horse finishing first. Allot one-third to the horse finishing second. Divide the remaining third between the two horses finishing third. Couple the portions allotted to the two horses involved in the entry or mutuel field. Divide portions allotted to each horse by the value of the tickets sold on such horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(4) Should one horse of an entry or one horse of a mutuel field finish second and another horse of the entry or mutuel field finish in a dead heat with another horse for third place, the show pool shall be calculated as outlined in the preceding section.

(5) Should two horses of an entry or of the mutuel field finish first and second and another horse of the entry or mutuel field finish in a dead heat with another horse for third place, the show pool shall be calculated as follows:

(a) Deduct 20%. Deduct the value of the winning tickets. Allot one-third to the horse finishing first. Allot one-third to the horse finishing second. Divide the remaining third between the two horses finishing third. Couple the portions allotted to the three horses involved in the entry or mutuel field. Divide portions allotted to each horse by the value of tickets sold on each horse. Pay off at the result obtained multiplied by the dollar amount wagered by each bettor, plus the purchase price of each ticket.

(1) Two daily doubles will be permitted during a single race day at tracks licensed by the board.

(2) If no ticket is sold combining the two winners of the daily double, the pool shall be apportioned equally between those having tickets including the winner in the first race of the daily double and those having tickets including the winner of the last race of the daily double in the same manner in which place pool is calculated and distributed.

(3) If no ticket is sold including the winner of the first race of the daily double then the entire pool will be paid to the holders of tickets which include the winner of the last race of the daily double.

(4) Likewise, if no ticket is sold including the winner of the last race of the daily double, the entire pool will be paid to the holders of the first race of the daily double.

(5) If no ticket is sold including a winner of either race of the daily double then the pool shall be paid to the holders of tickets which include the horses finishing second in the two races of the daily double.

(6) If no ticket is sold that would require distribution of the daily double pool to a winner under (2) , (3) , (4) , and (5) , the race meet shall make a complete and full refund of the daily double pool.

(7) If for any reason the first race of a daily double is cancelled and declared off, full and complete refund will be made of the daily double pool.

(8) If for any reason, the second race of a daily double is cancelled, or declared off, the whole of the daily double pool shall be distributed as a win pool to the holders of daily double tickets, upon the winner of the first half of the daily double. If no daily double ticket has been sold upon the winner of the first half of such daily double the total pool shall be distributed as a win pool to the holders of the daily double tickets upon the horse finishing second in the first half of such daily double.

(9) There shall be a refund of daily double wagers in the event of a horse being scratched before the betting on the daily double has closed. (This refund to apply only to wagers on the horse scratched.)

(10) In the event a horse is excused in the second half of the daily double, after the first race is official, all money wagered on the scratched horse in the second half of the daily double shall be deducted from the daily double pool. Using this money, so deducted, as a win pool, a special or consolation prize shall be paid to all ticket holders, combining the scratched horses with the winner of the first race of the daily double.

(11) Before the running of the race comprising the last half of the daily double there shall be posted in a prominent place, easily visible from the grand stand, club house and bleachers, the pay-off of each combination coupled with the winner of the first half of the daily double.

(12) In case of a dead heat for winner in the first half of the daily double, the pay-off of the daily double need not be posted until after the running of the second half of the daily double, owing to the complicated calculations involved. However, announcement of this fact must be made over the loudspeaker and notice to this effect be posted on the board at conclusion of the first half of the daily double.

(13) If a dead heat should result in either the first or second race of the daily double, the total pool is figured as a place pool.

(14) Sale of daily double tickets shall close not later than "off-time" of the first race of the daily double.

(15) The daily double is not a "parlay" and has no connection with or relation to the pool shown on the totalizator board. In any race, the win, place, show and daily double pools are treated separately and calculated independently of each other.

(1) The quinella is not a parlay, and all tickets on the quinella will be calculated in an entirely separate pool.

(2) The principle of quinella is in effect a contract by the purchaser of a quinella ticket to pick (select) the winning and the second horses in the quinella race.

(3) If a horse in the quinella race is scratched or excused by the stewards before off-time, all money wagered on any horse or horses so scratched or excused shall be deducted from the quinella pool and be refunded to the purchasers of tickets on the horse or horses so scratched or excused.

(4) Should any horse in the quinella race be prevented from racing because of the failure of the stall doors of the starting gate to open, all tickets combining that horse with either of the first two finishers shall be refunded.

(5) After off-time there shall be no refund in either of the above cases.

(6) If for any reason the quinella race is cancelled or declared "no race" full and complete refund shall be made of the quinella pool.

(7) Except for the contingencies stated below the quinella is calculated in the same general manner as the straight pool.

(8) If no ticket is sold combining the winning and second horse of the quinella, the net pool shall then be apportioned between those having tickets including the winner and those having tickets including the second horse, and shall be calculated and distributed as place pool.

(9) In the event of a dead heat for the win, the net quinella pool shall be apportioned between those having tickets on the two horses finishing in the dead heat for the win.

(10) If two horses finish the race in a dead heat for second, the quinella pool will be figured in the same manner as a place pool with holders of tickets on the winner and each second place horse participating equally in the quinella pool.

(1) An association licensed by the Montana board of horse racing to conduct horse racing meetings, may conduct a twin quin, subject to the following rules.

(2) The twin quin is a form of parimutuel wagering. It consists of selecting the quiniela (the first two runners to finish) of each of two consecutive races. Twin quin wagering tickets are to be sold on the first race of the two races only. The division of the pool shall be calculated as a straight pool, subject to the provisions of these rules to the contrary.

(3) Twin quin tickets will be sold only at twin quin windows by the licensee.

(4) Twin quin tickets will be sold only from quiniela issuing machines.

(5) Each wagerer purchasing twin quin tickets shall designate his two selections as the first two runners to finish in the first race of the two consecutive twin quin races.

(6) After the official result of the first two runners to finish in the first half of the twin quin races, each wagerer holding a ticket combining the said two runners to finish, shall, prior to the running of the second half race, exchange such winning ticket at the twin quin windows, for a twin quin exchange ticket and at such time the holder shall attempt to select the first two runners to finish in the second race of the twin quin. No further money will be required of the holder of the twin quin ticket in order to make the exchange.

(7) No twin quin exchange ticket on the second race of the twin quin will be issued except on the surrender of the twin quin ticket from the first race of the twin quin described in these rules. The twin quin pool obtained from sales of twin quin tickets on the first race of the twin quin will be held subject to these rules, and divided among the winning tickets of the twin quin exchange tickets, subject to these rules to the contrary. Twin quin windows will be open for the purpose of making exchange as described only after the first race has been declared official, and such windows will close at official post time at the start of the second race of the twin quin races.

(8) There will be no refund if the holder of a winning twin quin ticket from the first half of the twin quin fails to exchange the winning twin quin ticket within the time provided for said exchange. The racing association must provide reasonable time for the exchanging of winning twin quin tickets.

(9) The price of any twin quin tickets entitled to a refund will be deducted from the twin quin pool.

(10) If a runner is scratched in the first race of the twin quin races, all twin quin tickets on the scratched runner will be refunded.

(11) If no twin quin ticket is sold as a winning combination in the first half of the twin quin, the twin quin pool will be divided among those having tickets including the runner finishing first and the runner finishing second, and such distribution will be calculated as a place pool. In such an instance, the twin quin wagering will end and the pool closed for that racing card.

(12) If no twin quin exchange ticket is sold on the winning combination, the net pool will then be divided equally between those having tickets including the runner finishing second, in the same manner in which a place pool is calculated and distributed.

(13) If a twin quin exchange ticket on the second half combines only one of the two winners, and no twin quin exchange ticket combines the other winner, the entire pool will be distributed as a straight pool to the holders of those tickets.

(14) In the event of a dead heat for place in the first race of the twin quin races, all twin quin tickets combining the first runner and either of the place runners will be eligible for exchange for twin quin exchange tickets.

(15) In the event of a dead heat for place in the second race of the twin quin races, the twin quin pool will be divided, calculated and distributed as a place pool to the holders of the twin quin exchange tickets combining the first runner and either of the place runners.

(16) If, for any reason, the first race of the twin quin races is cancelled or declared "no race", full and complete refund will be made from the twin quin pool.

(17) If, for any reason, the second race of the twin quin races is cancelled or declared "no race", the pool will be calculated as a straight pool and will be distributed among the holders of tickets combining the first two runners of the first race of the twin quin, otherwise eligible for twin quin exchange tickets (and also to holders of the exchanged twin quin tickets if any have been issued) .

(18) If there is a dead heat for the winning runner in either of the two consecutive races for the twin quin, such calculation of distribution of the twin quin pool will be made in the manner in which any ordinary quiniela pool would be made should there be a dead heat for the win, despite the number of runners involved in the dead heat.

(19) The twin quin is an entirely separate pool from all other wagering pools and has no relationship to any other forms of wagering.

(20) If a horse is scratched in the second race of the twin quin, the holders of tickets on the scratched horse shall be entitled to exchange their tickets for another selection.

(21) If a horse is scratched too late to make an exchange, the total number of exchanges shall be divided into the net pool to get a unit price for each winning exchange ticket and this unit price shall be multiplied by the number of tickets on the scratched horse of the second half of the twin quin. This total shall be deducted from the net pool and be used to pay the winner of the second half combined with the scratched horse. The balance of the net pool shall be paid to the holders of the tickets on the horses that finish first and second.

(1) Exacta type betting may be authorized at the discretion of the racing board upon written application by an association subject to the following procedures:

(a) The exacta is not a parlay and has no connection with or relation to the win, place and show pools shown on the totalisator board. All tickets on the exacta will be calculated in an entirely separate pool.

(2) All exacta tickets will be for the win and place combination only. Each person purchasing an exacta ticket shall designate the exact order in which the first two horses will finish in an exacta race. For example, if number three is selected to finish first and number six is selected to finish second, they must come in number three first and number six second, in order to win.

(3) Entry horses will be allowed in an exacta race in which there are sufficient other separate betting interests, as determined by the licensee and stewards.

(4) Should any horse or horses entered in an exacta race be scratched or excused by the stewards after wagering has commenced or should any horse or horses be prevented from racing because of failure of stall doors of the starting gate to open, all tickets including such horse or horses shall be deducted from the exacta pool and money refunded to the purchasers of tickets on the horse or horses so excused or prevented from racing.

(5) In the event that no ticket is sold on the winning combination of an exacta pool, the net pool shall be distributed equally between holders of tickets selecting the winning horse to finish first and holders of tickets selecting the second place horse to finish second.

(6) In the event of a dead heat between two horses for first place, the net pool shall be calculated and distributed as a place pool to holders of the winning combinations.

(7) In the event of a dead heat between two or more horses for place, all tickets designating the proper first horse to win which are coupled with any of the place horses involved in a dead heat shall be the winners of the exacta race and pay-offs calculated according to their respective interest in the net pool.

(8) In the event of a dead heat for second place, if no ticket is sold on one of the two winning combinations, the entire net pool shall be calculated as a win pool and distributed to those holding tickets on the other winning combinations. If no tickets combine the winning horse with either of the place horses in the dead heat, the exacta pool shall be calculated and distributed to holders of tickets designating the winning horse or either of the place horses according to their respective interest in the net pool.

(9) In the event of a dead heat between three or more horses for first place, the net pool shall be calculated and distributed to holders of tickets designating any two of the horses participating in the dead heat according to their respective interest in the net pool.

(10) In the event that no ticket is sold that would require distribution to any winner as above defined, the exacta shall be deemed "no race" and all money in the exacta shall be promptly refunded.

(11) Each association conducting an exacta pool shall publish the foregoing rule in the manner approved by the board of horse racing.

(1) Should a race on which betting has commenced be postponed beyond the day originally scheduled or cancelled, all monies wagered on such race shall be refunded.

(2) Should a horse be excused from starting a race, all monies wagered on such horse shall be refunded, provided such horse is not part of an entry or one of the mutuel field.

(3) Should the doors at the front of any stall in the starting gate fail to open when the starter dispatches the field, thereby preventing a horse from having a fair start, the starter shall immediately notify the steward who shall declare such a horse a "nonstarter" and the officer in charge of supervision of betting who shall thereupon order the money wagered on such a horse deducted from the pool and refunded to the purchasers of the tickets on that horse, provided such horse is not part of an entry or of the mutuel field.

(4) If, for any reason, a horse or horses shall be excused from starting after the wagering has commenced, the following shall apply:

(a) If the starting field is reduced to less than two separate interests, a full and complete refund shall be made in the win, place and show pools.

(b) If the starting field is reduced to less than three separate interests, a full and complete refund shall be made in the place and show pools.

(c) If the starting field is reduced to less than four separate interests, a full and complete refund shall be made in the show pool.

(5) For the purpose of this rule, a horse locked in the starting gate will be considered as excused from starting.

(6) Should there be no winning tickets sold in any pool, on the horse or horses finishing in the race and the pool cannot be distributed in accordance with the parimutuel regulations of the board of horse racing, a full and complete refund of that particular pool shall be made.

(1) The payor of a parimutuel payoff that is over $5,000 and 300 to one odds must withhold federal income tax on the total winnings payment at a rate defined by the Internal Revenue Service.

(2) Payments that are subject to withholding under the above rules are to be treated in the same manner as if they were wages paid by an employer to an employee. Thus, the payor is liable for withholding the tax and paying it over to the federal government.

(1) For purposes of 23-4-202(4) (f) , MCA, "exotic forms of wagering on races" are defined as including, but not limited to daily double, quinela or quinella, big Q, twin quin, exacta, trifecta and in general every form of wagering except win, place and show.

(1) In addition to the betting transactions permitted by rule, a licensee may offer a trifecta as provided by this subchapter.

(2) Trifecta means a betting transaction in which the purchaser of a ticket undertakes to select in the exact order of finish the first three horses to finish a race on which the feature is operated.

(3) The trifecta is not a parlay and has no connection with or relation to the win, place, and show pools shown on the totalizator board. All tickets on the trifecta will be calculated in an entirely separate pool.

(1) Licensees providing trifecta wagering shall, in addition to other requirements, comply with the requirements of this rule.

(2) Entry horses will be allowed in a trifecta race in which there are sufficient other betting interests, as determined by the licensee and stewards.

(1) The payout price for a trifecta pool shall be calculated in the following manner:

(a) the legal percentage shall be deducted from the total amount bet in the pool to determine the net pool;

(b) the net pool shall be divided by the value of tickets bet on the winning combination;

(c) the quotient obtained pursuant to (b) shall be multiplied by the purchase price of each ticket on the winning combination.

(2) In the event that no ticket is sold on the horses finishing first, second, and third in the exact order, then go to tickets that have been sold, coupled in a combination finishing nearest the official order of finish.

(3) The order of finish to be paid with one entry shall be calculated as follows:

(a) if the entry horses finish first and second, the third and fourth place horses become second and third respectively (example: order of finish 1, 1A, 2, 3; trifecta winner becomes 1, 2, 3);

(b) if the entry horses finish first and third, the fourth place horse becomes third (example: order of finish 1, 2, 1A, 3; trifecta winner becomes 1, 2, 3);

(c) if the entry horses finish second and third, the fourth place horse becomes third (example: order of finish 2, 1, 1A, 3; trifecta winner becomes 2, 1, 3).

(4) The value of tickets of each respective winning combination shall be divided into its respective portion of the calculating pool;

(a) one dollar shall be added to the quotients obtained pursuant to (3); and

(b) each sum obtained pursuant to (a) shall be multiplied by the purchase price of each ticket.

(5) If no ticket is sold on the winning combination, the profits shall be apportioned equally among the holders of tickets selecting the first and second place runners in their exact order.

(6) If no ticket selecting the first and second runners is sold, the profit shall be apportioned equally among the holders of tickets selecting the first and third runners with any other runner in their exact order.

(7) If no ticket selecting the winning combination, the first and second runner or the first and third runner is sold, the profit shall be apportioned equally among the holders of tickets selecting the second and third runners with any other runner in their exact order.

(8) If no ticket requiring distribution of the pool pursuant to this rule is sold, the profit shall be apportioned equally among the holders of tickets selecting the runner finishing first.

(9) If no ticket requiring distribution pursuant to (4), (5), (6), and (7) of this section is sold, the profits shall be apportioned equally among the holders of tickets selecting the runner finishing second.

(10) If no ticket requiring distribution of the pool pursuant to (4), (5), (6), (7), and (8) of this section is sold, the profit shall be apportioned equally among the holders of tickets selecting the runner finishing third.

(11) If no ticket requiring distribution pursuant to (4) through (9) is sold, complete refund will be made of entire trifecta pool on that program upon presentation and surrender of all trifecta tickets.

(12) If a race on which there is trifecta wagering results in a dead heat for first place, the winning combinations shall include the first two runners as finishing in either first or second and the runner finishing third.

(13) If a race on which there is trifecta wagering results in a dead heat for second place, the winning combinations shall include the runner finishing first and the two runners finishing in a dead heat as finishing in either second or third.

(14) If a race on which there is trifecta wagering results in a dead heat for third place, the winning combinations shall include the runner finishing first, the runner finishing second and either of the runners finishing in a dead heat for third as finishing third.

(15) In all combinations described in (10), (11), and (12) of this section, the profit shall be divided in separate pools, calculated as a place pool and paid off accordingly.

(16) If a race on which there is trifecta wagering results in a triple dead heat or double dead heat, the net pool will be divided by the number of all such win, place, and show combinations thus formed, calculated as separate pools and paid off accordingly.

(17) If a horse or horses in a trifecta feature are scratched or excused by the stewards after wagering has commenced or should any horse or horses be prevented from racing because of the failure of stall doors of the starting gate to open, tickets on that horse or those horses shall be deducted from the trifecta pool and the money refunded to the purchasers of tickets on the horse so excused or prevented from racing.

(18) The state parimutuel supervisor and the mutuel manager shall examine the pattern of wagering made on a trifecta wagered race prior to post time and shall confer with respect thereto. If the state parimutuel supervisor concludes that the wagering pattern is of such an irregular nature as to warrant reasonable concern that illegal or corrupt practices may be intended with respect to the race in question, he shall notify the presiding stewards of his findings and the stewards shall declare the race off and all trifecta wagers shall be promptly refunded.

(19) Where the outcome of a race is such that the distribution of the pool is not covered by this section, the track parimutuel manager shall decide how the pool shall be distributed.

(1) A licensee to conduct a horse race meeting may feature a twin trifecta wager.

(2) The twin trifecta is a form of parimutuel wagering. It is not a parlay and has no connection with, or relation to, any other parimutuel pools made and conducted by an association. The twin trifecta also is not connected with, or related to, any win, place, and show pools shown on the totalizator board, nor is it governed by any commission rule pertaining to the distribution of any other parimutuel pools.

(3) In the twin trifecta, the wagerer selects the three horses that will finish first, second, and third in the exact order as officially posted in each of the two designated twin trifecta races.

(4) Twin trifecta tickets may be sold and exchanged only from the association's ticket issuing machines.

(5) Twin trifecta tickets may be sold only in multiples of one dollar.

(6) Each wagerer purchasing twin trifecta tickets shall designate three selections as the first three horses to finish in that order in the first race of the two designated as twin trifecta races.

(7) After the wagering closes for the first half of the twin trifecta, the commission will be deducted from the pool in accordance with the rules of the Montana Board of Horse Racing. The remaining pool will then be divided into two separate pools of equal amounts.

(8) The money in the first part of the divided pool will be distributed to the holders of twin trifecta tickets selecting the first three horses, in order, on the first designated twin trifecta race, in accordance with the established parimutuel practice. The term "first part of divided pool" shall mean one half of the net distributable pool of the total money wagered in the twin trifecta on the current program only. Specifically excluded therefrom shall be any carryover of any special cumulative second race twin trifecta pool from any previous program.

(9) The second part of the divided pool, less any consolation payoff, will be placed in a separate pool to be distributed to holders of "second half" twin trifecta tickets selecting the first three horses, in order, on the second designated twin trifecta race, in accordance with the established parimutuel practice.

(10) If, in the first half of the twin trifecta only there is a failure to select, in the exact order, the first three horses, payoffs and exchanges shall be made on twin trifecta tickets selected in the following order of priority:

(a) first, second, fourth;

(b) first, third, fourth;

(d) first, second, fifth;

(e) first, third, fifth;

(f) first, fourth, fifth; and

(g) sequentially thereafter.

(11) After the official declaration of the first three horses to finish in the first race of the twin trifecta, each wagerer holding a winning ticket must, prior to the running of the second twin trifecta race, exchange the winning ticket for both the monetary value established by the mutuel department and a twin trifecta "exchange" ticket and, at such time, shall select the three horses to finish in the second race of the twin trifecta in exact order as officially posted. No additional money shall be required of the holders of the winning ticket in order to make the exchange. Each association conducting the twin trifecta shall designate all windows to be used as "exchange" windows except when the first half payoff is $600 or more in winnings (if such winnings are at least 300 times the amount of the single wager). If such is the case, valid exchange tickets will be exchanged only at windows designated IRS windows.

(12) No twin trifecta exchange ticket for the second race of the twin trifecta shall be issued except upon surrender of the winning twin trifecta from the first race of the twin trifecta as described in these rules. Windows for the purpose of cashing and exchanging twin trifecta tickets shall be open only after the first race of the twin trifecta has been declared official and such window shall close when wagering closes for the race designated as the second half of the twin trifecta. Not more than one race shall elapse between the race designated the first half of the twin trifecta and the race designated as the second half of the twin trifecta.

(13) If a winning twin trifecta ticket from the first race is not presented for cashing and exchange within the time provided, the wagerer may still collect the monetary value attached to the ticket, but shall forfeit all rights to any distribution of the second race twin trifecta pool.

(14) Coupled entries and/or mutuel fields are prohibited in twin trifecta races.

(15) If a horse is scratched for the first race of the twin trifecta, all twin trifecta tickets on the scratched horse will be refunded. If a horse is scratched for the second race of the twin trifecta, public address announcements will be made and a reasonable attempt will be made for exchange of tickets on the scratched horse.

(16) In the event of a dead heat or dead heats in either the first or second half of the twin trifecta, all twin trifecta tickets selecting the correct order of finish counting a horse in a dead heat as finishing in any position dead heated shall be winning tickets. In the case of the dead heat occurring in the first half, the payoff shall be calculated as a win pool. In the case of the dead heat occurring in the second half, contrary to the usual parimutuel practice, the aggregate number of winning tickets shall be divided into the net pool and be paid the same payoff price.

(17) If a horse is scratched in the second race of the twin trifecta, all exchange tickets combining the scratched horse with either scratchers or any of the first three finishers of the second twin trifecta race in exact order in each position shall become consolation tickets and shall be paid a price per dollar calculated as follows: The money from the second part of the divided pool shall be divided by the total purchase price of all tickets combining the winners of the first race of the twin trifecta. The quotient thus obtained shall be the price paid to holders of second race twin trifecta consolation tickets. The entire consolation pool (number of eligible tickets times the consolation price) shall be deducted for the second part of the divided pool.

(18) In the event there is no twin trifecta ticket issued accurately selecting the officially declared first three finishers of the second twin trifecta race in the exact order, such second race pool, as divided earlier, shall be held for the next consecutive program and shall be combined with that program's second race twin trifecta pool. The sum shall be termed the "carryover jackpot". Distribution of the special cumulative second race twin trifecta pool shall be made only upon the accurate selection, in exact order, of the first three officially declared finishers of the second twin trifecta race, except on the closing program of the meeting. See (20).

(19) If for any reason, the second half of the twin trifecta is not declared "official", the winning ticket holders who have cashed their tickets on the first half and have received an exchange ticket and winning first half twin trifecta tickets which were not exchanged, will be entitled to the remaining amount of the current program's divided pool. In the event, all consolation tickets will be considered winners and there will be no consolation payoff.

(20) On the closing program of the meeting, the current carryover jackpot, if any, plus the second half pool for that program will be combined and distributed in the following manner:

(a) If there is no winning ticket(s) (i.e. selecting the correct order of finish of the first three horses), the sum of the combined pools shall be divided equally and distributed to holders of valid exchange tickets and winning first half twin trifecta tickets which were not exchanged. In this event, all consolation tickets will be considered winners and there will be no consolation payoff.

(21) Sales of twin trifecta tickets other than from the association's ticket issuing machines or from one individual to another shall be deemed illegal and shall be prohibited. Exchange tickets shall be nontransferable. Holders of transferred exchange tickets shall not be entitled to any winnings. Persons involved in the unauthorized transfer of exchange tickets shall be subject to ejection from the parimutuel facility.

(1) The pick (N) is a form of parimutuel wagering. The pick (N) is not a parlay and has no connection with or relation to any other parimutuel pool made and conducted by an association, nor is the pick (N) connected with or related to any win, place, and show pool shown on the totalizator board, nor is it governed by any board rules pertaining to the distribution of any other parimutuel pools. Each person participating in a pick (N) pool selects the entry or field for win in each of a certain number of races designated by the association with the approval of the board. The number of races so designated may be four, five, six, seven, or eight. Once an association has decided the number of races comprising the pick (N), it may not change that number in the middle of a meet without prior approval of the Board of Horse Racing, which may be given if it is in the best interests of the wagering public to do so. The races so designated comprise the pick (N) for that performance. The association issues the pick (N) participant a ticket which reflects the participant's selections in the designated races.

(2) A validly issued pick (N) ticket timely surrendered to the association by the legal holder thereof shall be the only evidence of a person's participation in a pick (N) parimutuel pool. The acceptance of a pick (N) ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgment by the purchaser of the correctness of the ticket, and each purchaser of a pick (N) ticket agrees to be bound by the terms and provisions of this and all other applicable board rules and regulations and by the laws of the state of Montana pertaining to parimutuel wagering. Neither the association, totalizator company nor the state of Montana shall be liable to any person for any ticket which is not a winning ticket in accordance with the provisions of this rule nor shall they, or any of them, be liable to any person for any pick (N) ticket not delivered for any reason, including but not limited to, mechanical malfunction, electrical failure, machine locking, or other causes.

(3) In all races, those horses constituting an entry of coupled horses or those horses grouped to constitute the field in a race included in the pick (N) shall race as a single wagering interest for the purpose of the pick (N) parimutuel pool calculations and payouts to a winner. However, if any wagering interest is a starter in a race, the entry or the field selection shall remain as the designated selection to win in that race for the pick (N) calculation and the parimutuel ticket shall not be withdrawn from that pool.

(4)(a) Pick (N) shall be composed of two separate and distinct parimutuel pools. Seventy five percent of the gross amount of all sums wagered on pick (N) tickets on each performance shall be paid into a parimutuel pool to be known as "the jackpot". The remaining twenty five percent of the gross amount of all sums wagered on pick (N) tickets for that performance shall be paid into a parimutuel pool to be known as "the consolation pool."

(b) Subject to the provisions of this rule pertaining to refunds and after the deduction of all legal sums therefrom, the net amount in the jackpot pool subject to distribution among winning ticket holders shall be distributed only among the holders of pick (N) tickets which correctly designate all official winners of the races comprising the pick (N) for the performance.

(c) Subject to the provisions of this rule pertaining to refunds and after deduction of all legal sums therefrom, the net amount in the consolation pool subject to distribution among winning ticket holders shall be distributed among the holders of pick (N) tickets which correctly designate the most official winners of the contests comprising the pick (N) for that performance.

(d) In the event there is no pick (N) ticket issued which would entitle the ticket holder to the jackpot, then, and in such event, the entire jackpot shall be carried over and included in the jackpot pool for the next day. The jackpot shall be supplemented each day by the amount added thereto from all previous days' jackpot pools that have not been won by a holder of a pick (N) ticket which correctly selects all official winners of the races comprising the pick (N) for any race day.

(e) In the event the accumulated jackpot has not been distributed prior to the closing day of the meeting in which the jackpot was generated, the accumulated jackpot and the net amount in the consolation pool subject to distribution among winning ticket holders shall be distributed among closing day holders of pick (N) tickets which correctly designate the most official winners of the races comprising the closing day pick (N). Where a split meet is held, all jackpot and consolation pools shall be distributed as stated in this section on the final day of each portion of the split meet.

(f) In the event a pick (N) ticket designates as a selection to win in any one or more of the races comprising the pick (N), a single wagering interest which is scratched, excused or determined by the stewards/judges to be a nonstarter in the race, the actual favorite, as evidenced by the amounts wagered in the win pool at the time of the start, will be substituted for the nonstarting selection for all purposes, including pool calculations and payoffs; provided further, that in the event that the win pool for two or more favorites is identical, the selection in the lowest program position shall be substituted for the nonstarting selection.

(g) In the event one or more of the races comprising the pick (N) is cancelled for any reason, the distribution of the net amount subject to distribution in the consolation pool shall be among the holders of parimutuel tickets which correctly designate the most official winners in all of the remaining races comprising the pick (N) during such race days, except that in the event there is officially cancelled or declared as no contest three or more of the races comprising the pick (N), all parimutuel tickets on the pick (N) for that day shall be refunded, and the pick (N) shall be cancelled for that day. No person shall win the jackpot unless that person holds a pick (N) ticket which correctly picks all official winners of the races comprising the pick (N) for that race day. The cancellation of one or more races comprising the pick (N) in any race day shall result in the contribution to the consolation pool of the amount contributed that day to the jackpot pool. The contribution to that day's jackpot pool will then be distributed along with the remainder of the consolation pool to the winners of the consolation pool. Any contributions to the jackpot pool from prior race days will remain in the jackpot pool to be carried over and included in the jackpot pool for the next race day as prescribed in (d).

(5) In the event of a dead heat for win between two or more contestants in any pick (N) race, all such contestants in the dead heat for win shall be considered as the winner in the race for the purpose of distributing the jackpot and the consolation pools.

(6) Once the first race of the races comprising the pick (N) in any race day has begun, and until the last of the races is concluded, the association shall not report to the public, to any of the association's employees or to any other person, the number of tickets sold, total dollars wagered, or the number of tickets with potential to win the pick (N) or any information whatsoever about such tickets. Furthermore, the totalizator system shall be constructed or programmed to suppress the publication or printing of any such information from the beginning of the first race until the conclusion of the last of the races comprising the pick (N) in any one race day, except for the total dollars wagered in the pick (N) pool.

(7) No parimutuel ticket for pick (N) shall be sold, exchanged or cancelled after the time of the close of mutuel windows for wagering in the first of the races comprising the pick (N), except for such refunds on pick (N) tickets as are required under this rule.

(8) Any payments in excess of $100,000 from any pick (N) pool must be paid by a company check or certified check.

(9) Each jackpot pool shall have a cap which the jackpot pool shall not exceed. The cap for a pick four jackpot pool shall be $4,000 or 2,000 times the minimum wager, whichever is less. The cap for a pick five jackpot pool shall be $30,000 or 15,000 times the minimum wager, whichever is less. The cap for a pick six jackpot pool shall be $250,000 or 125,000 times the minimum wager, whichever is less. The cap for a pick seven jackpot pool shall be $1,000,000. The cap for pick eight jackpot pool shall also be $1,000,000. Prior to the opening of a meet the association may declare a cap for the jackpot pool less than the cap imposed above, provided the cap is in increments of $1,000. Once the association has selected a cap the association may not alter the cap without prior approval of the board. If, at the close of any race day the amount accumulated in the jackpot pool equals or exceeds the cap, then at such time, the jackpot pool shall be frozen until it is won under the other provisions of the applicable pick (N) rule. Thereafter, the jackpot pool is frozen under these provisions and one hundred percent of all subsequent contributions shall go to the consolation pool and be distributed accordingly. Nothing herein shall affect the total distribution of both pools on the closing day of any meet or portion of a split meet.

(10) Prior to the opening of a meet at which a pick (N) wager will be offered, the association may elect to force an early payout of the jackpot pool, as allowed by this rule and in no other manner. The decision shall be made by informing the board in writing prior to the opening of the meet of the association's intent to force an early payout if the conditions of this rule for an early payout are met. If the decision is made, then an early payout of the jackpot pool shall be made as follows. Within 24 hours after the jackpot pool reaches its cap, the association shall designate the race day at which the early payout will be made by informing the board in writing of the designated race day. The designated race day shall be no sooner than six calendar days after the cap is reached and no later than 134 calendar days after the cap is reached. If at the conclusion of the last contest comprising the pick (N) of the designated race day, no wager has won the jackpot pool, then the funds in the jackpot pool shall be transferred to the consolation pool for the designated race day and distributed in the manner in which the consolation pool is distributed.

(1) The superfecta sweepstakes is a contract by the purchaser of a ticket combining four horses in a single race, selecting the four horses that will subsequently finish first, second, third, and fourth, in exact order, as officially posted.

(2) The superfecta sweepstakes is not a parlay, and has no relation to, or connected with, the win, place, and show pools, and will be calculated as a separate pool.

(3) Coupled entries and fields are prohibited in superfecta sweepstakes races.

(4) Superfecta sweepstakes tickets shall be sold only by the licensee through parimutuel machines programmed to print all selections on one ticket.

(5) In the event of a scratch in the superfecta sweepstakes, all tickets which include a scratched horse are eliminated from further participation, will be refunded, and the money deducted from the gross pool.

(6) In the event of a dead heat, or dead heats, all superfecta sweepstakes tickets selecting the correct order of finish, counting the horses in the dead heat as finishing in either position dead heated, shall be winning tickets. All combinations as above described shall be divided into separate pools, calculated as a place pool, and paid off accordingly.

(7) If any tickets are sold on the winning combination of the superfecta sweepstakes, the net pool shall have added to it all carryover monies from previous superfecta sweepstakes races, and then shall be equally divided among those ticket holders.

(8) The tracks shall select which alternative they prefer as between the carryover feature contained in (9), (10), and (11) and the noncarryover feature contained in (12) and (13), obtain the approval of the board or its representative, and display, print, and distribute the rule with the approved feature throughout the betting area of each track conducting the superfecta and distribute printed copies of this rule, with selected option, to patrons upon request.

(9) If no tickets are sold on the winning combination of the superfecta sweepstakes, then the net pool shall be divided into two separate pools. Seventy percent of the net pool shall be paid into a pool known as the jackpot, and carried over to the next regularly scheduled superfecta sweepstakes race. The remaining thirty percent of the net pool shall be paid into a pool known as the superfecta consolation pool, and this pool equally divided among those ticket holders who correctly selected the first three finishers in exact order. If no ticket has been sold correctly selecting the first three finishers in exact order, then the superfecta consolation pool shall be equally divided among those ticket holders who correctly selected the first two finishers in exact order. If no ticket has been sold correctly selecting the first two finishers in exact order, then the superfecta consolation pool shall be paid to those ticket holders who correctly selected the winning horse. In the event no ticket has been sold correctly selecting the winning horse to finish first, then the entire superfecta sweepstakes gross pool (excluding any monies carried over from previous superfecta sweepstakes race) shall be paid into the pool known as the jackpot.

(10) If less than four horses finish, payoff shall be made from the superfecta consolation pool only, and shall be made to the holders of tickets correctly selecting the actual finishing horses in exact order ignoring the balance of the selection. In this event, the jackpot will be carried over to the next regularly scheduled superfecta sweepstakes race.

(11) In the event the accumulated jackpot has not been distributed prior to the closing day of the meeting in which the jackpot was generated, then the accumulated jackpot and the net pool in the superfecta sweepstakes shall be distributed to closing day holders of superfecta sweepstakes tickets who correctly select the first four official finishers in the exact order; or if no ticket is sold as above described, to those who correctly select the first three finishers in exact order; or, if no ticket is sold as above described, to those who correctly selected the first two finishers in exact order; or, if no ticket is sold as above described, to those who correctly selected the winning horse to finish first. In the event no ticket has been sold correctly selecting the winning horse to finish first, then the superfecta sweepstakes pool will be distributed equally to all closing day superfecta sweepstakes ticket holders.

(12) If there is a failure to select, in order, the first four horses, payoff shall be made on superfecta tickets selecting the first three horses, in order; failure to select the first three horses payoff to superfecta tickets selecting the first two horses, in order; failure to select the first two horses, payoff to superfecta tickets selecting the winner to win; failure to select the winner to win shall cause a refund of all superfecta tickets.

(13) If less than four horses finish, payoff shall be made on tickets selecting the actual horses in order, ignoring the balance of the selection.

(14) Superfecta sweepstakes race shall consist of eight starters and two also eligibles, and if the race falls below the above level it will be at the discretion of the board or its representative whether to permit superfecta wagering on this race.

(15) Superfecta tickets shall be sold in not less than two dollar denominations and only from machines capable of issuing four numbers.

(1) No tri-superfecta wagering shall be conducted without permission of the board. The races in which the tri-superfecta parimutuel wagering will be permitted shall only be those designated by the board and a separate pool shall be established.

(2) The tri-superfecta is a form of parimutuel wagering in which the bettor selects the three horses which will finish first, second, and third in the first of the two designated races in the exact order of finish as officially posted and must select the four horses which will finish first, second, third, and fourth in the second of two designated races, in the exact order of finish as officially posted.

(3) Each bettor purchasing tri-superfecta tickets shall designate his three selections as the first three horses to finish in that order in the first race of the two designated races.

(4) After the wagering closes for the first half of the tri-superfecta the remaining pool will then be divided into two separate pools terms "first part of the divided pool" and "second part of the divided pool." The first part of the divided pool will be a percentage of the remaining pool determined by the association with approval of the board. The second part of the divided pool will be the amount remaining after the first part of the divided pool has been deducted.

(5) The monies in the first part of the divided pool will be distributed to the holders of the tri-superfecta tickets selecting the first three horses in order, on the first designated tri-superfecta race, in accordance with established parimutuel practice.

(6) The second part of the divided pool will be placed in a separate pool to be distributed to the holders of "second half" tri-superfecta tickets selecting the first four horses in order as officially posted on the second designated tri-superfecta race, in accordance with established parimutuel practice.

(7) In the first half of the tri-superfecta only, if there is a failure to select the first three horses in exact order of finish as officially posted, the first part of the divided pool shall be distributed and exchanges made on tri-superfecta tickets selected in the following order of priority:

(a) first, second, and fourth;

(b) first, third, and fourth;

(d) first, second, and fifth;

(e) first, third, and fifth;

(f) first, fourth, and fifth;

(g) and sequentially thereafter.

(8) After the official declaration of the first three horses to finish in the first race of the tri-superfecta, each bettor having first half winning tickets as determined by (7) shall exchange such winning tickets at the windows for both the monetary value established by the mutuel department and the tri-superfecta exchange ticket and at such time, shall select the four horses to finish in the second race of the tri-superfecta in the exact order as officially posted. No further money shall be required of the holders of the winning first half tickets in order to make the exchange.

(9) No tri-superfecta exchange ticket for the second race shall be issued except upon surrender of the tri-superfecta ticket from the first race as described in these rules. All windows for the purpose of cashing and exchanging winning tri-superfecta tickets shall be open for the purpose of making the exchange as described only after the first race has been declared official and all windows shall close at the start of the second race of the tri-superfecta.

(10) If a winning tri-superfecta ticket from the first race is not presented for cashing and exchange within the time provided, the bettor may still collect the monetary value attached to the ticket but forfeits all rights to any distribution of the second race tri-superfecta pool.

(11) If a horse is scratched in the first race of the tri-superfecta, all tri-superfecta tickets on the scratched horse will be refunded. If a horse is scratched in the second half of the tri-superfecta, public announcements will be made and reasonable time will be given for the exchange of tickets on the scratched horses. If, due to a late scratch in the first half of the tri-superfecta, the field becomes less than seven, all money into the tri-superfecta on that program will be refunded and the tri-superfecta for that program shall be declared "off." If, due to a late scratch in the second half of the tri-superfecta the field becomes less than seven, those persons with valid exchange tickets will be entitled to the remaining amount of that program's divided pool which shall be divided into equal amounts relative to the number of valid exchange tickets. The jackpot pool will remain undistributed and be carried over to the next tri-superfecta program.

(12) In the event of a dead heat or dead heats in either the first or second race of the tri-superfecta, all tri-superfecta tickets selecting the correct order of finish, counting a horse in a dead heat as finishing in any position dead heated, shall be winning tickets. In the case of the dead heat occurring on the first half, the payoff shall be calculated as a place pool. In the case of the dead heat occurring in the second half, contrary to the usual parimutuel practice, the aggregate number of winning tickets shall be divided into the net pool and paid the same payoff price.

(13) In the event that racing is canceled for any program prior to the running of the second half of the tri-superfecta, or if less than four horses finish in the second race of the tri-superfecta, or the racing officials declare the second half "no race," then the second part of the program's divided pool will be evenly distributed to all tri-superfecta exchange tickets and the carry over jackpot pool will remain undistributed and be carried over to the next tri-superfecta program.

(14) Not more than one race shall elapse between the race designated as the first half of the tri-superfecta and the race designated as the second half of the tri-superfecta.

(15) Coupled entries and mutual fields are prohibited in tri-superfecta races.

(16) Fields for tri-superfecta races shall contain no less than seven horses.

(17) Tri-superfecta wagers shall be made in denominations of two dollars only.

(18) On the closing day of the meeting, the current jackpot pool, including the second part of the divided pool from the closing program, if any, shall be distributed in the following manner to tickets on the second designated tri-superfecta race in that program:

(a) divided equally among those tickets correctly designating the first four finishers in exact order as officially posted;

(b) if no ticket is issued as above described, then equally divided among tickets correctly designating the first three finishers in exact order as officially posted (win-place-show-all);

(c) if no ticket is issued as above described, then equally divided among tickets correctly designating the first two finishers in exact order as officially posted (win-place-all-all);

(d) if no ticket is issued as described, then equally divided among tickets correctly designated the winner to win as officially posted (win-all-all-all);

(e) if no ticket is issued as above described, then equally divided among all second half tri-superfecta tickets.

(1) The superfecta is not a parlay and has no connection with the win, place, or show betting, and will be calculated in an entirely separate pool.

(2) The superfecta is a contract between the purchaser of a ticket and the association, combining four runners in a single race, by selecting the four runners that will finish first, second, third, and fourth in that race in exact order.

(3) Superfecta tickets shall be sold in not less than one dollar denominations.

(4) There will be no entries or fields in superfecta wagering races.

(5) If a runner is scratched or declared a nonstarter, no further superfecta tickets may be issued designating that runner. All tickets previously issued designating the runner shall be refunded and the money deducted from the gross pool.

(6) Licensees providing superfecta wagering shall, in addition to other requirements, comply with the following requirements:

(a) no entries or field horses in a race comprising the superfecta are allowed;

(b) no licensee shall offer superfecta wagering on any race when there are less than six horses scheduled to start, at draw time. In no event will superfecta wagering be permitted on a race in which less than six horses start;

(c) superfecta wagering shall be allowed only at tracks that can demonstrate to the board that their facilities can properly handle and implement superfecta wagering; and

(d) no more than three superfecta races may be offered on any single day at any race meet.

(7) The payout price for a superfecta pool shall be calculated in the following manner:

(a) the legal percentages shall be deducted from the total amount bet in the pool to determine the net pool;

(b) the net pool shall be divided by the value of tickets bet on the winning combination;

(c) the quotient obtained pursuant to (7)(b) shall be multiplied by the purchase price of each ticket on the winning combination;

(d) if no ticket is sold selecting the first four entries, the pool shall be divided among holders of superfecta tickets correctly selecting the first three entries. If no ticket is sold selecting the first three entries, the pool shall be divided among holders of superfecta tickets correctly selecting the first two entries. If no ticket is sold selecting the first two entries, the pool shall be divided among holders of superfecta tickets correctly selecting the winner as officially posted. If no ticket is sold selecting the winner to win, the pool shall be divided among holders of superfecta tickets correctly selecting the entry finishing second. If no ticket is sold selecting the correct entry to finish second, the pool shall be divided among holders of third. If no ticket is sold selecting the entry finishing third, the pool shall be divided among holders of superfecta tickets correctly selecting the entry finishing fourth.

(e) if no ticket is sold that would require distribution of the net superfecta pool to a winner pursuant to these rules, all money in the pool shall be refunded.

(f) in the event of a dead heat, or dead heats, each ticket selecting the correct order of finish, counting any entry in a dead heat as finishing in either position at issue, shall be winning tickets and distribution shall be made in accordance with established board rules relating to dead heats.

(g) if only three entries finish the race, the pool shall be divided among the holders of superfecta tickets correctly selecting the first three entries, without consideration of the entry selected to finish fourth. If fewer than three entries finish the race, all money in the pool shall be refunded.

(1) The pick three requires selection of the first place finisher in each of three specified contests.

(2) The net pick three pool shall be distributed to winning wagers in the following precedence, based upon the official order of finish:

(a) as a single price pool to those whose selection finished first in each of the three contests, unless there are no such wagers;

(b) as a single price pool to those who selected the first place finisher in any two of the three contests, unless there are no such wagers;

(c) as a single price pool to those who selected the first place finisher in any one of the three contests, unless there are no such wagers;

(d) the entire pool shall be refunded on pick three wagers for contests which do not meet (2)(a), (b), or (c).

(3) If there is a dead heat for first in any of the three contests, the pool shall be distributed as follows:

(a) in a contest in which contestants are representing the same betting interest, the pick three pool shall be distributed as if no dead heat occurred; and

(b) in a contest in which contestants are representing two or more betting interests, the pick three pool shall be distributed as a single price pool with each winning wager receiving an equal share of the profit.

(4) If a betting interest in any of the pick three pools is scratched, the actual favorite, as evidenced by total amounts wagered in the win pool 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 the win pool total for two or more favorites is identical, the substitute selection shall be the betting interest with the lowest program number. The totalizer shall produce reports showing each of the wagering combinations with substituted betting interest which became winners as a result of the substitution, in addition to the normal winning combination.

(5) If all three pick three contests are canceled or declared "no contest", the entire pool shall be refunded on pick three wagers for those contests.

In this subchapter, the following definitions apply:

(1) "Draw" means the procedure for matching riders and horses as overseen by the judges and stewards.

(2) "Entry" means the combination of individual riders and horses as assigned a betting entry number.

(3) "Judge" means a person licensed by the board to evaluate match bronc rides and enter scores on the performances of riders and horses.

(4) "Long-go" means a section of qualifying match rides to determine the high scoring riders who will advance to the championship short-go match.

(5) "Mark-out" means the bronc rider must have both feet over the point of the bronc's shoulder, toes pointed out, from the time the chute gate opens until the bronc's front feet hit the ground.

(6) "Match bronc ride" has the same definition found at 23-4-101, MCA.

(7) "Qualified ride" means a ride which lasts eight seconds as determined by the official timer.

(8) "Re-ride" means the judges' granting of a ride on a substitute horse due to an incident on the original ride which was beyond the rider's control. The term is synonymous with "scratch" for parimutuel betting purposes.

(9) "Rodeo secretary" means the person licensed by the board who is responsible for collecting entry fees, recording draws, collecting and compiling judges' scores, determining placing, and paying prize money to contestants.

(10) "Score" means the aggregate number of points awarded by the judges during a qualified ride. Such points will be averaged to arrive at a final score.

(11) "Scratch" means the disqualification of an entry such that no parimutuel pay-out is made.

(12) "Short-go" means the final championship round composed of riders who qualified by attaining the highest scores in the qualifying or long-go round matches.

(13) "Timer" means the person licensed by the board who determines the official qualifying rides of eight second duration.

(14) "Wild horse ride" has the same definition found at 23-4-101, MCA.

(1) The stock contractor(s) must provide the rodeo secretary a list of names of all horses which will be utilized for the match bronc event at least 72 hours prior to the event.

(2) The stock contractor(s) must designate the horses to be utilized for the short-go. Such list shall not include any re-ride animals. These horses may not be utilized for the long-go rounds.

(3) Four hours prior to the event the judges, witnessed by the stewards, shall match horses and riders through use of a random draw. Wagering numbers will be consistent with numbers assigned to horses printed in the program and specified as long-go horses per section. Stock draws must be conducted so that an entrant may witness the draw, provided that a judge may require any individual who does not maintain a businesslike behavior to leave the draw area.

(4) A contestant must compete on the stock drawn for the contestant. If an animal is deemed unfit to compete, the entry is a scratch for parimutuel purposes.

(5) The short-go championship round shall be drawn, in its entirety, just prior to the start of the championship short-go round. Each qualified finalist shall draw the name of a mount from the reserved horse short-go list, in the arena, as supervised by the judges and steward, and the resulting match announced to the audience.

(1) Horses designated for the sections of the long-go are assigned a number. A program will be compiled by the track licensee including such items as:

(a) horse's name and number;

(b) a synopsis of rules under which the event is to be contested; and

(c) a list of horses reserved for the short-go championship round in numerical order, as assigned for betting entry purposes.

(2) This program shall be available at least 24 hours prior to the event being contested.

(1) The track licensee shall employ the following officials licensed by the Board of Horse Racing, and submit their names and qualifications to the board at least 30 days prior to the event:

(a) four judges;

(b) one chute boss;

(d) one rodeo secretary.

(2) Officials shall be qualified to act in such capacity as evidenced by prior experience and training.

(1) All riding must be done with saddles that meet Professional Rodeo Cowboy Association (PRCA) specifications.

(1) The announcer will announce the names of both horse and rider several times prior to the ride.

(2) Once the horse leaves the chute all rodeo rules pertaining to saddle horse bronc riding will be in force, including mark-out and qualified ride.

(3) A qualified ride shall consist of eight seconds and be determined by the official timer.

(4) The four judges shall independently, without consulting with one another, score the contest should the full eight seconds or qualified ride be made.

(5) Decisions of the judges will be final. Any judge, however, who does not perform the judge's duties in compliance with these rules, or who otherwise abuses the judge's position, will be subject to disciplinary action by the board.

(6) Disqualifications may be made by the judges for the rider failing to mark the horse out or for touching the animal with the free hand at any point during the eight second ride. The reason for such disqualification shall be reported to the announcer who will in turn inform the audience.

(7) All rides shall be timed for eight seconds, that time to start when the animal's inside front shoulder passes the plane of the chute gate. All riders must complete the eight second qualification limit to be eligible for a score.

(8) Scoring will be done as follows:

(a) The four judges shall individually score each horse and rider.

(b) The four scores will then be reported to the rodeo secretary, who will, in consultation with the stewards, average the scores for a final total score.

(c) Judges will record, in writing, each score for each qualified ride and submit the score to the rodeo secretary immediately after each successful ride. The official score will be determined from the submissions from the judges and compilation by the rodeo secretary, and will be made official by the stewards before being announced to the audience.

(9) For each race or section, qualified scores are to be recorded by the rodeo secretary, and verified and made official by the stewards. No changes may be made to the scores after they are made official. At the completion of each section or race, the steward shall notify the parimutuel official as to the official order of finish. The top four scores shall be posted as first, second, third, and fourth places for wagering calculation and payout purposes.

(10) All scores of qualified rides shall be announced without delay. Any change in score announced must be approved by the stewards. The announcer must announce accurately the information received from the judges, compiled by the rodeo secretary, and approved by the stewards.

(11) After the completion of both sections of the long-go, the rodeo secretary, in consultation with the stewards, shall without delay compile a list of up to ten of the top scores. These ten individuals shall be deemed qualified to enter the championship round or short-go. If one of the ten qualifiers is unable to compete due to injury or withdrawal, the next highest scoring qualifier shall advance to the championship round. Should fewer than ten riders qualify for the short-go championship, the number of betting entries for the short-go round shall be adjusted accordingly.

(12) Under the supervision of the judges and stewards while in the arena, the top-scoring long-go riders shall draw for mounts to be ridden in the championship round or short-go from the short-go reserved horses list. The announcer shall announce to the public all mounts drawn and by whom with reference to the horse entry numbers on the list of short-go mounts and their numbers already listed in the program. The tote reader board shall also show the numbers and match names. Numbers and matches shall also be conspicuously posted at all parimutuel locations.

(13) If the judges determine a rider is eligible for a reride, the entry will be considered a scratch for parimutuel wagering payout calculations.

(14) All parimutuel wagers must be made prior to the first horse leaving the chute in each section of the long-go and prior to the first horse leaving the chute in the championship short-go round.

(1) No stimulants or hypnotics may be given to any animal used for contest purposes.

(2) Any animal that becomes excessively excited and lays down in the chute repeatedly, or tries repeatedly to jump out of the chute, or in any way appears to be in danger of injuring itself, may be released immediately, with approval of the judges and steward, and will then be considered scratched.

In this subchapter, the following definitions apply:

(1) "Account" means an account for advance deposit wagering with a specific identifiable record of credits, debits, deposits, wagers, and withdrawals established by an account holder and managed by a licensed advance deposit wagering hub licensee.

(2) "Account holder" means a natural person, at least eighteen years of age, residing within or outside of Montana for whom a licensed advance deposit wagering licensee has opened an account.

(3) "Account number" means a unique identification number consisting of numbers or letters as designated or selected by the account holder or advance deposit wagering hub licensee.

(4) "Advance deposit wagering" has the meaning set forth in 23-4-101, MCA.

(5) "Advance deposit wagering hub operator" or "hub operator" has the meaning set forth in 23-4-101, MCA.

(6) "Communications by other electronic means" means communication by any electronic communication device or combination of devices including, but not limited to, the following: personal computers, the internet, private networks, interactive televisions, and wireless communication technologies, or other technologies approved by the board.

(7) "Confidential information" means the following:

(a) the amount of money credited to, debited from, withdrawn from, or present in any particular account holder's account;

(b) the amount of money wagered by a particular account holder on any race or series of races;

(d) the identities of particular entries on which the account holder is wagering or has wagered;

(e) unless otherwise authorized by the account holder, the name, address, and any other information in the possession of a licensed advance deposit hub operator that would identify the account holder to anyone other than the board, the licensed advance deposit wagering hub operator, the regulatory authority in the state that regulates the licensed advance deposit wagering hub or as otherwise required by state or federal law; and

(f) credit and debit information.

(8) "Credits" means all deposits of money into an account.

(9) "Debits" means all withdrawals from an account.

(10) "Deposits" means a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account.

(11) "Foreign jurisdiction" means a jurisdiction of a foreign country or political subdivision thereof.

(12) "Hub contract" means a contract between a hub and the board. A hub contract may also be called a "license agreement."

(13) "Plan of operation" or "operating plan" means a written document from an advance deposit wagering hub operator which must accompany the application for licensure and which provides sufficient detail to allow the board to identify processes for operation of the system, including: handling of unforeseen events; verification of account holder information; establishment of a dispute resolution process; withdrawal process; allowance for account holders residing outside of Montana; and any other information requested by the board.

(14) "Principal residence address" means that place where the natural person submitting an application for an account resides at least fifty percent of the time during the calendar year.

(15) "Proper identification" means a form of identification accepted in the normal course of business that establishes the person making the transaction is the account holder.

(16) "Secure personal identification code" means an alpha and or numeric character code chosen by an account holder as a means by which the advance deposit wagering hub operator may verify a wager or account transaction as authorized by the account holder.

(17) "Source market fee" has the meaning set forth in 23-4-101, MCA.

(18) "Source market fee area" means the state of Montana.

(19) "Withdrawal" means a payment from an account by the hub licensee to the account holder when properly requested by the account holder.

(1) The advance deposit wagering rules set forth in this chapter shall apply to the establishment and operation of accounts by a licensed hub operator for account holders whose principal residence address is in the state of Montana.

(2) Advance deposit wagering by any person whose principal residence address is in the state of Montana may be conducted only by a Montana-licensed hub operator licensed by the board pursuant to this chapter.

(3) No licensed hub operator shall solicit, accept, open, or operate an account for any person with a principal residence address in the state of Montana unless the hub operator has received a license in good standing from the board.

(4) The board may impose any license discipline, including suspension, revocation, or fines against a license to operate as a hub operator, if the licensed hub operator, its officers, directors, or employees violate any provision of Title 23, chapter 4, MCA, or any rule or order of the board.

(5) A licensed hub operator located within Montana shall not solicit, accept, open, or operate advance deposit wagering accounts for persons whose principal residence is outside of the state of Montana, including residents of foreign jurisdictions unless:

(a) the hub operator has received a license from the board, and the license is in good standing;

(b) wagering on that same type of live racing is lawful in the jurisdiction which is the person's principal residence; and

(c) the licensed hub operator complies with the provisions of the Interstate Horseracing Act, 15 U.S.C. 3001 to 3007, and the laws of the jurisdiction, which is the principal place of residence of the applicant.

(6) The licensed hub operator shall provide a bond or irrevocable letter of credit in an amount set by the board for the purpose of ensuring that payments to the board and to Montana account holders are made. In the alternative, a hub operator may provide other means of assurance of such payment including, but not limited to, evidence of bond(s), irrevocable letter(s) of credit, or other forms of financial guarantees posted and in good standing with regulatory authorities in other jurisdictions, which shall be subject to the approval of the board. Any bond, letter of credit, or other assurance of payment acceptable to the board provided by the hub operator shall run to the board as obligee, and shall be for the benefit of the board and any account holder who suffers a loss by reason of the hub operator's violation of Title 23, chapter 4, MCA, or these rules. The bond, letter of credit, or other assurance of payment shall be conditioned on the obligor as licensee faithfully complying with Title 23, chapter 4, MCA, and these rules. The bond shall be continuous and may be cancelled by the surety only upon the surety giving written notice to the board of its intent to cancel the bond. The notice of cancellation shall be effective no sooner than thirty days after the notice is received by the board. In the event of cancellation of the bond, letter of credit, or other assurance of payment the hub operator shall file a new bond, letter of credit, or other assurance of payment prior to the effective date of the cancellation notice.

(7) Persons whose primary residence is within Montana shall not participate in advance deposit wagering unless such activity is conducted through a hub operator licensed in Montana.

(8) The content and frequency of reports from a licensed hub operator shall be at the discretion of the board.

(9) In determining whether to approve an application for a license as an advance deposit wagering hub operator under this chapter, the board shall consider the following factors:

(a) the impacts on all entities conducting business as part of the Montana horse racing industry;

(b) whether the board deems the state compliance and monitoring efforts of the state where the licensed hub operator is located are sufficient for compliance with applicable laws, and for the protection of the public, and to ensure the integrity of all operations and financial transactions under the agreement between the board and the licensed hub operator; and

(10) The hub operator licensee recognizes and accepts the jurisdiction of the state of Montana as provided in Title 23, chapter 4, MCA. A licensed hub operator shall provide to the board or its staff access to review and audit all records and financial information, including all Montana account information. An advance deposit wagering hub operator physically located in Montana shall also provide access to the board, or its staff, to review and audit all records and financial information that relate to applications and accounts for persons whose primary residences are not located in Montana. This information shall be made available to the board or its staff at the hub operator's location upon notice from the board or board staff at all reasonable times. The board may require the hub operator annually to submit to the board audited financial statements.

(1) Prior to accepting applications from Montana residents for advance deposit wagering accounts, the advance deposit wagering hub operator must possess:

(a) a written hub contract or license agreement with the board; and

(b) a license from the board to conduct advance deposit wagering.

(2) An application to operate as an advance deposit wagering hub operator must be filed on a form provided by the board and must include:

(a) a proposed plan of operation;

(b) a proposed hub contract;

(d) the correct application fee.

(3) The advance deposit wagering hub operator applicant must provide the following information as part of the application:

(a) if the hub operator is an individual, his/her legal name, and the legal name of his/her spouse, and dates of birth and address;

(b) if the hub operator is a corporation;

(i) the date and place of incorporation;

(ii) the names and addresses of its shareholders, and the names, addresses, and dates of birth of directors and officers who are natural persons;

(iii) if a shareholder is a corporation then the date and place of its incorporation, and the names, and addresses, and dates of birth of those corporations' directors and officers; and

(iv) if the hub operator is a corporation ultimately owned by a not-for-profit entity without any shareholders, or is a publicly traded corporation, the information required in this subsection shall be required from the directors of the not-for-profit entity, or the directors and officers of the publicly traded corporation, in lieu of the shareholders;

(c) if the hub operator is a general or limited partnership, the names, addresses, and dates of birth of the partners; if a partner is a corporation, the date of incorporation, the place of incorporation, and the names, and addresses, and dates of birth of its directors and officers must be provided;

(d) fingerprints, if required by the board;

(e) information from the hub operator that demonstrates whether the hub operator has the financial resources to operate as an advance deposit wagering hub operator;

(f) written approval to conduct advance deposit wagering from the appropriate regulatory authority in the state where the advance deposit wagering hub operator is located;

(g) a description of how the state where the hub operator is located regulates and monitors the advance deposit wagering facility for compliance with applicable law and protection of the public; and

(h) any other information required by the board.

(4) A proposed written hub contract or license agreement between the advance deposit wagering hub operator and the board must be submitted with the application and must contain substantially the following terms:

(a) a description of the source market fee (percentage of each wager placed in Montana) to be paid to the board;

(b) an agreement to pay the source market fee monthly to the board; and

(5) The board may negotiate changes to the proposed hub contract as a condition of granting a license. No subsequent material changes in the hub contract may occur unless ordered by the board or until written approval is obtained from the board.

(6) A proposed detailed plan of operations in a format and containing such information as required by the board must be submitted with the application and must address the following issues:

(a) the manner in which the proposed simulcasting and wagering system will operate;

(b) the process for handling wagers when wagering pools cannot be merged with the wagering pools of the race track where the race is being run live;

(d) establishment of a dispute resolution process for account holders who file a claim against the licensed hub operator;

(e) the process for an account holder to make withdrawals from the account holder's account;

(f) a licensed hub operator located in Montana must include in its operating plan information on how the hub operator will implement the requirements for accounts established and operated for persons whose principal residence is outside of the state of Montana; and

(g) any other issues as required by the board.

(7) The board may require changes to a hub operator applicant's proposed plan of operation as a condition of granting a license. No subsequent material changes in the plan of operations may occur unless ordered by the board or until written approval is obtained from the board.

(8) The advance deposit wagering hub operator applicant must provide a bond or irrevocable letter of credit to the board with the application, as per ARM 32.28.2002.

(9) The board may conduct investigations or inspections, or request additional information from the applicant for a license under this section as it deems appropriate in determining whether to approve the license application.

(10) The hub operator applicant must include the correct nonrefundable application fee with the application.

(11) An advance deposit wagering hub operator license shall be in effect from January 1 to December 31 of each year and shall be renewed annually unless otherwise rescinded by the board.

(1) An annual hub operator license renewal fee of $500 shall be paid by the licensee, and is due thirty days prior to the license expiration date.

(2) The hub operator licensee will be billed and shall be responsible for any costs involved in background checks, investigation, and review of the annual renewal application in excess of $100.

(1) An established account is necessary to place advance deposit wagers. An account may only be established with a licensed hub operator.

(a) To establish an account, an account application form must be signed or otherwise authorized in a manner acceptable to the board and include:

(i) the account applicant's full legal name;

(ii) principal residence address;

(iii) telephone number;

(iv) proper identification or certification demonstrating that the account applicant is at least eighteen years of age;

(v) completed W-9; and

(vi) any additional information required by the board.

(b) Each account application submitted shall be verified by the licensed hub operator with respect to name, principal residence address, and date of birth by either an independent hub operator or another means which meets or exceeds the reliability, security, accuracy, privacy, and timeliness provided by an independent hub operator. If there is a discrepancy between the application submitted and the information provided by the verification described above, or if no information on the account applicant is available from such verification process, another individual reference service may be accessed or another technology meeting the requirements described above may be used to verify the information provided. If the account applicant's information cannot be verified by the licensed hub operator, the licensed hub operator shall not establish an account.

(2) Each account shall have a unique identifying account number. The identifying account number may be changed at any time by the licensed hub operator provided the account holder is given notice in writing prior to the change.

(3) The account applicant shall supply a secure personal identification code when the account holder is placing an advance deposit wager. The account holder has the right to change this code at any time.

(4) The licensed hub operator must provide the following to the account holder at the time the account is approved:

(a) unique account identification number;

(b) copy of the advance deposit wagering rules and such other information and material that is pertinent to the operation of the account;

(c) notice that the account holder must be at least eighteen years of age, and that individuals under the age of eighteen shall not have access to the account;

(d) such other information as the licensed hub operator or the board may deem appropriate.

(5) Accounts shall only be accepted in the name of a natural person, which shall not include a corporation, partnership, limited liability company, trust, estate, or any other entity.

(6) The account is nontransferable between natural persons.

(7) The licensed hub operator may close or refuse to open an account for good and sufficient reason, and shall order an account closed if it is determined information that was used to open an account was false, or the account has been used in violation of these rules.

(8) Any disputes between an account holder and a licensed hub operator shall follow the dispute resolution procedures contained in the hub operator's plan of operations as approved by the board. If the hub operator fails to resolve the dispute, the board may take appropriate action including claims against the bond or other form of financial security.

(9) The licensed hub operator shall state in all advertising in the state of Montana that residents under the age of eighteen are not permitted to open, own, or have access to an advance deposit wagering account.

(10) If the licensed hub operator is located in Montana, no account shall be established for any natural person under the age of eighteen.

(1) The licensed hub operator may refuse deposits to an account for good and sufficient reason.

(2) The licensed hub operator may suspend any account or close any account at any time provided when an account is closed, the hub operator shall, within seven calendar days, return to the account holder all moneys then on deposit by sending a check to the last known principal residence address. Any moneys which cannot be so refunded shall be forwarded to the board for distribution in accordance with ARM 32.28.2011.

(3) Credits to an account after the initial establishment of the account may be made as follows:

(a) deposits to an account by an account holder may be made in the following forms:

(i) cash, which may be deposited at financial or retail outlets designated by the licensed hub operator;

(ii) check, money order, or negotiable order of withdrawal given or sent to the licensed hub operator;

(iii) charges made to an account holder's credit and/or debit card upon the direct and personal instruction of the account holder, if the use of the card has been approved by the licensed hub operator;

(iv) transfer by means of an electronic funds transfer from a monetary account controlled by an account holder to his/her account, said account holder to be liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account; or

(v) funds so deposited will be made available for wagering use in accordance with financial institution funds availability schedules.

(b) credit for winnings from wagers placed with funds in an account and credit for account wagers on entries that are scratched shall be posted to the account by the licensed hub operator.

(4) Debits to an account shall be made as follows:

(a) upon receipt by the licensed hub operator of an advance deposit wager, the licensed hub operator shall debit the account in the amount of the wager; and

(b) upon incurrence of fees for service or other transaction-related charges by the hub operator.

(5) The licensed hub operator may close accounts in which there has been no activity for at least six months, returning funds remaining therein to the account holder at his/her last known principal residence address. Any moneys which cannot be so refunded shall be forwarded to the board for distribution in accordance with ARM 32.28.2011.

(6) In the event an account holder is deceased, funds accrued in the account shall be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, tax releases or waivers, probate court authorizations, or other documents required by applicable laws.

(7) Account holders may communicate instructions concerning advance deposit wagers to the licensed hub operator in person, by mail, telephone, or other electronic means.

(8) The licensed hub operator shall not accept wagers from an account holder in an amount in excess of the account balance.

(9) Notwithstanding any other rules, the licensed hub operator may at any time declare the advance deposit wagering closed for receiving wagers on any parimutuel pool, race, group of races, or closed for all wagering. Any time advance deposit wagering is closed other than coincident with the start of a race, a written report must be filed with the board within 48 hours. Any time the licensed hub operator is closed during its normal hours of operation a written report must be filed with the board within 48 hours.

(10) The licensed hub operator has the right at any time and for what it deems good and sufficient reason to refuse to accept all or part of any wager.

(11) Accounts are for the personal use of the account holder. The account holder is responsible for maintaining the secrecy of the account number and his/her secure personal identification code.

(12) Payment on winning parimutuel wagers and credits for advance deposit wagers on entries which are scratched shall be posted to the credit of the account holder as soon as practicable after the race is declared official.

(13) The licensed hub operator shall provide written or electronic statements of an individual's account activity at any time upon the request of the account holder.

(14) No employee or agent of the licensed hub operator shall divulge any confidential information related to the placing of any wager or any confidential information related to the operation of the licensed hub operator, except to the account holder or as required by these rules, the board, and as otherwise required state or federal law.

(1) The licensed hub operator shall agree to pay to the board a source market fee in an amount equal to a percentage, as set forth in its hub contract or license agreement, of the total amount wagered by Montana residents from their accounts with the hub operator.

(2) The source market fee shall be paid monthly, unless otherwise directed by the board, for the source market fee area on all accounts that have Montana as the principal address.

(3) Source market fees from licensed hub operators must be deposited by the board in the board's state special revenue account.

(4) As set forth in 23-4-302, MCA, the board shall pay 80% of the source market fees generated between May 1 and the following April 30 to live race meet licensees based on each live race meet licensee's percentage of the total annual on-track parimutuel handle during the previous live race season. In addition to the statutory language, the total annual on-track simulcast handle during the previous season shall be included in calculating a live race meet's percentage. Prior to the beginning of each year's live race season, the correct percentage must be distributed by the board to each live race meet licensee to be used for race purses or other purposes that the board considers appropriate for the good of the horseracing industry.

(5) As set forth in 23-4-302, MCA, ten percent of the source market fees paid to the board in a calendar year may be retained by the board for the payment of administrative expenses. One-half of the remaining 10% of the source market fees paid to the board in a calendar year must, by January 31 of the following calendar year, be paid to the owner bonus program and the other one-half to the breeder bonus program.

(1) Any violations of board statutes and rules shall be referred to the board. The board may also initiate an investigation on its own or in response to a complaint. The board shall have sole authority to ensure compliance with these rules, conduct hearings on violations, and determine penalties for violations. All license disciplinary activities, including any necessary contested case hearings, shall be conducted in Montana. Montana retains sole jurisdiction and is the sole and exclusive venue for administrative licensing actions and any related court actions under this chapter.

(2) The board may deny an application, suspend, or revoke a license issued to a hub operator, withdraw approval of a contract with a hub operator, or impose fines, if the licensee:

(a) violates any of the requirements of board statutes or rules;

(b) fails to provide a bond, or letter of credit, or evidence thereof in another jurisdiction to the satisfaction of the board;

(d) fails to comply with any conditions on the license imposed by the board;

(e) has demonstrated willful disregard for complying with ordinances, statutes, administrative rules, or court orders, whether at the local, state, or federal level. This includes, but is not limited to, failure to make required payments to other state regulatory agencies;

(f) poses a threat to the effective regulation of wagering or creates or increases the likelihood of unfair or illegal practices, methods, and activities in the conduct of wagering activities, as demonstrated through the prior activities, criminal record, reputation, habits, or associations;

(g) fails to provide at the board office any information required under the board's rules within the time required by applicable rule, or if no maximum time has been established respecting the particular kind of information by other rule, then within thirty days after receiving a written request from the board or its staff;

(h) commits, or has committed, any other act that the board determines constitutes a sufficient reason in the public interest for denying, suspending, or revoking licenses or approval of agreements.

(3) The board shall have authority to ensure compliance with its statutes and rules, including, but not limited to, injunctive relief and the imposition of fines, suspensions, and revocation of license, and repayment of outstanding source market fees.

As used in this chapter, the following definitions apply:

(1) "Administrative week" means an upcoming identified weekly period of Wednesday through the following Tuesday.

(2) "Board" means the Montana Board of Horse Racing provided for in 2-15-3106, MCA.

(3) "Breakage" means the odd cents over a multiple of ten cents arising from the computation of odds and payoffs on parimutuel fantasy sports wagers.

(4) "Common parimutuel pool" means a parimutuel wagering pool consisting of the parimutuel fantasy sports wagers placed at two or more licensed parimutuel facilities in Montana.

(5) "Fantasy sports coordinator" means an official hired by the Department of Commerce (department) to regulate, audit, approve network operating plans, approve league rules, receive point totals from network, designate point totals as "official," annually approve the information service to be used by the network, and control and supervise overall conduct and operation of parimutuel fantasy sports wagering.

(6) "Fantasy sports league" has the meaning found at 23-5-801, MCA.

(7) "Fantasy sports parimutuel system" means a computerized system or component of a system that is used to receive wagering information from and transmit pool data to a parimutuel network.

(8) "Fantasy sports parimutuel wager" means a parimutuel wager at a licensed parimutuel facility in Montana, through a fantasy sports league, on professional sporting events offered as part of a common parimutuel pool.

(9) "Information service" means a person or entity chosen annually by the fantasy sports coordinator to sell or provide information to the licensed fantasy sports parimutuel network, from among those services providing statistics from the individual sport's sanctioning body, and gather statistics on professional team and individual performances, which information is used to create rosters or programs of available professional sports players and teams.

(10) "League member" means a person at least 18 years of age who participates in fantasy sports parimutuel wagering at a Montana-licensed fantasy sports parimutuel facility. The term does not include a corporation, partnership, limited liability company, trust, estate, or any other entity.

(11) "Official league rules" means a set of operating guidelines and requirements proposed by the network director and subsequently approved by the fantasy sports coordinator, to govern selection of individual sport, selection of players, method of point calculation or scoring, and other information within parameters set by board rule. The rules must be available to each league member and provided upon request. Each set of official league rules must be approved by the fantasy sports coordinator and made official before being used by the network or a parimutuel facility.

(12) "Parimutuel facility" has the meaning found in 23-4-101, MCA, as a facility licensed by the board at which fantasy sports leagues are conducted and wagering on the outcome under a parimutuel system is permitted. In addition, the parimutuel facility must be licensed pursuant to the provision of Title 23, chapter 4, MCA, and ARM 32.28.2206.

(13) "Parimutuel hub" means a system to which the parimutuel network will be connected, and which monitors all fantasy sports parimutuel wagering in Montana.

(14) "Parimutuel network" has the meaning found at 23-4-101, MCA, as an association licensed by the board to compile and distribute fantasy sports league rosters and weekly point totals for licensed parimutuel facilities and to manage statewide parimutuel wagering pools on fantasy sports leagues. In addition, the term includes a person engaged in providing the parimutuel fantasy sports system or service directly related to the reconciliation of a common fantasy sports parimutuel pool and transfer of funds between the participating fantasy sports parimutuel facilities. A parimutuel network must be physically located in Montana and operated in Montana.

(15) "Parimutuel network director" means a person or office licensed by the board to solicit facility sites for the network, provide equipment to connect to the parimutuel hub, verify all takeout amounts are collected from the facilities and distributed to the board, advertise, promote, select individual fantasy sports games in which the network may participate, and calculate point totals for professional players or teams based on previously-defined rules for award of points.

(16) "Pool data" means data regarding the results, payoffs, odds or payoff prices, and the aggregate amount of parimutuel fantasy sports wagers accepted on each professional sporting event by all parimutuel fantasy sports facilities.

(17) "Roster" or "program" means a list of eligible professional sports participants for the appropriate period; eligible specific professional sports races, games, matches, or contests for the appropriate period; and types of combination wagers eligible to be placed for that sport in that period. The roster or program must be prepared by the Montana licensed parimutuel network for fantasy sports, and must be provided to each league member.

(18) "Sporting event" means an individual race, game, match, or contest, and any group, series, or part thereof from a given professional sport. The term does not include horse or dog races.

(19) "Takeout" means an amount retained and not returned to patrons by a licensed parimutuel fantasy sports facility from the aggregate amount of parimutuel fantasy sports wagers.

(20) "Team" means a fictitious team of not less than two players composed of athletes from a given professional sport.

(21) "Wagering information" means the amount of parimutuel fantasy sports wagers accepted for each sporting event by a single parimutuel fantasy sports facility.

(22) "Wagering period" means a period of time as defined by league rule for a single or multiple day event.

(1) A person or entity shall not conduct, nor accept wagers for parimutuel fantasy sports in Montana unless the person or entity has applied for and been granted a license pursuant to Title 23, chapter 4, MCA, and this chapter in one or more of the following categories:

(a) parimutuel network;

(b) parimutuel network director; or

(2) The annual licensing fee for fantasy sports parimutuel licenses shall be as follows, subject to amendments by the board that are applied equally across a single category:

(a) parimutuel network�� $1000

(b) parimutuel network director ��250

(1) The board may issue parimutuel network licenses to qualified applicants. A licensed fantasy sports parimutuel network shall perform the following duties:

(a) provide the parimutuel fantasy sports system or service directly related to the reconciliation of a common fantasy sports parimutuel pool and transfer of funds among the participating fantasy sports parimutuel facilities and the board;

(b) contract with the parimutuel hub selected and licensed by the board and provide equipment to connect into the parimutuel hub, as per the hub requirements;

(d) utilize an information service approved by the fantasy sports coordinator to gather statistics on professional team and individual performances and calculate point totals for professional players or teams based on previously-defined rules for award of points;

(e) utilize an information service approved by the fantasy sports coordinator to create rosters or programs of available professional sports players and teams and distribute fantasy sports league rosters to parimutuel facilities;

(f) compile and distribute periodic point totals to parimutuel facilities;

(g) manage statewide parimutuel pools on fantasy sports leagues;

(h) solicit nonexclusive sites for the network, and contract with all parimutuel facilities which have been licensed by the board;

(i) advertise, promote, and select propositions or official league rules for fantasy sports wagering;

(j) ensure compliance with all board statutes and rules;

(k) create and keep the records and reports required by the board in such a manner and using such forms as the board may require. Records shall be preserved for at least five years after they are made. The board may at any time examine and copy the records; and

(l) other duties as required by the board or its designee.

(2) A network applicant must be physically located within the state of Montana. The network applicant's equipment must be located in Montana.

(3) An application to operate as a fantasy sports parimutuel network must be filed on a form provided by the board, and must include a proposed operating plan, a proposed board payment contract, and the appropriate application fee.

(4) The application must include the following information:

(a) the applicant's legal name;

(b) if the applicant is a corporation, the names, addresses, dates of birth of its shareholders, directors, managers, and officers;

(i) if a shareholder is a corporation, the date of incorporation, the place of incorporation, and the names, addresses, and dates of birth of its shareholders, directors, and officers must be provided.

(i) if a partner is a corporation, the date of incorporation, place of incorporation, and the names, addresses, and dates of birth of its shareholders must be provided.

(d) if the applicant is a corporation ultimately owned by a not-for-profit entity without any shareholders, or is a publicly traded corporation, the information required in (4)(b) and (c) shall be required from the directors of the membership organization, or the directors and officers of the publicly traded corporation, in lieu of the shareholders;

(e) financial information from the applicant that demonstrates whether the applicant has the financial resources to install and operate or contract with a hub;

(f) a detailed budget showing anticipated revenue, expenditures, and cash flows by month, from the network's operation during the license period;

(g) the number of days the applicant is planning to operate the network during the calendar year in which the applicant seeks to be licensed;

(h) a list of all network personnel containing the name, position, job location, any gaming license number, and expiration date issued by any jurisdiction. All current gaming licenses should be listed, regardless of jurisdiction;

(i) a chart illustrating the organizational structure, including reporting lines;

(j) a list of states where the network is operating;

(k) documentation of proper filing that the network applicant is physically located in Montana, physically operating in Montana, and is registered to do business in the state of Montana; and

(l) sufficient identifying information to allow the board to conduct a criminal background check on all principals within the network applicant's organization.

(5) An applicant shall submit a detailed proposed operating plan in a format and containing such information as required by the board. The operating plan shall include:

(a) the manner in which the proposed fantasy sports parimutuel network will operate;

(b) the process for handling wagers when wagering pools cannot be merged with the wagering pools of other fantasy sports parimutuel facilities;

(d) any other issues as required by the board.

(6) An applicant shall submit a detailed proposed board payment contract in a format and containing such information as required by the board.

(7) The board or its designee shall conduct investigations or inspections or request additional information from the applicant as it deems appropriate in determining whether to approve the license application.

(8) The correct initial license application fee must accompany an application. The fee is nonrefundable.

(9) A parimutuel network license shall be in effect from January 1 to December 31 of each year and shall be renewed annually unless otherwise rescinded by the board.

(1) A licensed parimutuel network shall name a parimutuel network director. It shall be the parimutuel network director's duty to:

(a) solicit facility sites for the network;

(b) provide equipment to connect to the parimutuel hub;

(d) advertise, promote, and select individual fantasy sports games in which the network may participate from the official league rules previously approved by the fantasy sports coordinator; and

(e) all other necessary duties.

(2) The network director shall:

(a) act as a liaison among the parimutuel network, parimutuel hub, parimutuel facility licensees, and the board and its representatives;

(b) supervise the management of the statewide wagering pools; and

(d) assure that moneys are correctly deposited and paid.

(3) An application to operate as a fantasy sports parimutuel network director must be filed on a form provided by the board and must include the appropriate application fee. The correct initial license application fee must accompany an application. The fee is nonrefundable.

(4) The board may conduct investigations or inspections or request additional information from the applicant as it deems appropriate in determining whether to approve the license application.

(5) A parimutuel network director license shall be in effect from January 1 to December 31 of each year and shall be renewed annually unless otherwise rescinded by the board.

(1) A licensed parimutuel network shall contract with the parimutuel hub selected and licensed by the board. There shall be only one fantasy sports parimutuel hub in Montana. The parimutuel hub shall perform the following duties:

(a) monitor all wagers;

(b) maintain a computerized system capable of connection with all parimutuel facilities;

(d) ensure information is available to the parimutuel network for electronic display or over the Internet;

(e) verify all wagering is halted at the prescribed time as determined by the board or the fantasy sports coordinator;

(f) distribute accounting for the network, as well as all accounting required by the board; and

(g) other duties as required by the board or its designee.

(2) The parimutuel hub must be physically located within the state of Montana. The hub's equipment must be located in Montana.

(1) The board or its designee may issue a license to a parimutuel facility at which fantasy sports leagues are to be conducted and wagering on the outcome under a parimutuel system shall be permitted.

(2) A license to operate a parimutuel facility conducting fantasy sports league wagering may not be issued to an applicant unless the applicant is also licensed under Title 23, chapter 5, MCA, as gambling operator.

(3) An application to operate as a fantasy sports parimutuel facility must be filed on a form provided by the board, and must include a copy of a valid, current, state-issued gambling establishment operator license in good standing, and the appropriate application fee.

(4) The board or its designee shall conduct investigations or inspections or request additional information from the applicant as it deems appropriate in determining whether to approve the license application. The correct initial license application fee must accompany an application. The fee is nonrefundable.

(5) A parimutuel facility license shall be in effect from January 1 to December 31 of each year and shall be renewed annually unless otherwise rescinded by the board.

(1) The department shall hire a fantasy sports coordinator recommended to the department by the board to:

(a) regulate, audit, and approve network operating plans;

(b) approve league rules;

(d) designate point totals as "official";

(e) annually select the information service to be used by the network from those services providing statistics from the individual sports sanctioning bodies; and (f) control and supervise overall conduct and operation of parimutuel fantasy sports wagering.

(2) Failure of the coordinator to enforce the fantasy sports parimutuel wagering rules or to meet the responsibility of the office shall be just cause for dismissal of the coordinator.

(3) The fantasy sports coordinator shall supervise the conduct of parimutuel wagering on fantasy sports, including supervision of the licensed parimutuel network, the licensed network director, the parimutuel hub, and all licensed parimutuel facilities. The coordinator shall have full authority to enforce the rules as adopted by the board or as provided by the laws of Montana and such additional duties as set forth in the rules or as ordered by the board.

(4) The coordinator shall not separately impose fines or any other license disciplinary measure, but shall report all statute or rule violations to the board for imposition of license discipline, when appropriate, under the provisions of the Montana Administrative Procedure Act.

(5) The coordinator shall perform other duties as directed by the board.

(1) The network director shall prepare proposed league rules for each sporting event on which the network will offer parimutuel wagering during a designated wagering period. The proposed league rules shall include:

(a) a description of the eligible specific professional sports races, games, matches, or contests on which parimutuel wagering will be allowed;

(b) types of combination wagers eligible to be placed for a sport under league rules in any parimutuel wagering period; and

(2) The parimutuel network director shall submit the proposed league rules to the board's fantasy sports coordinator for approval at least 30 days prior to the wagering period during which the sporting event will occur or during which parimutuel wagering will be allowed under those league rules. No league rules shall be provided by the network to the hub, facility, or wagering public before the league rules are approved by the fantasy sports coordinator and made official.

(3) The parimutuel network director shall select one or more sporting events, from among the sets of official league rules approved by the fantasy sports coordinator, on which parimutuel wagering will be conducted during an upcoming administrative week, identified as a weekly period of Wednesday through the following Tuesday. The network director shall notify the fantasy sports coordinator in writing at least one week prior to the appropriate administrative week as to which sporting events under official league rules will be included in each particular administrative week.

(4) The parimutuel network shall compile a roster or program for the appropriate period, including eligible specific professional sports races, games, matches, or contests for the appropriate period, types of combination wagers eligible to be placed for that sport in that period, and a list of eligible professional sports participants. The roster or program must be made available to each league member. The roster or program shall be placed into the parimutuel computer system for the appropriate periodic start date.

(5) Each periodic sporting event roster or program must be provided by the network to each licensed parimutuel facility. Each periodic sporting event roster or program must also be provided to the parimutuel wagering public. The roster or program must be provided in hard copy, but may also be available via an Internet site.

(6) Fantasy sports parimutuel wagering shall be conducted within the appropriate wagering period for each sporting event for which league rules have been made official by the coordinator, and which has been chosen and is being offered by the network under its periodic roster or program.

(7) While the sporting events are underway, a running total of points may be calculated by the information service and provided by the networks to the network facilities via Internet or other means.

(8) When each individual sporting event is concluded, the network, through its information service, shall calculate point totals. Based on the point totals, the official winners are declared, and made official by the fantasy sports coordinator. Any error in point calculations discovered after the point totals are made official by the coordinator shall be disregarded. The point totals shall be promptly provided to the parimutuel hub. Winning tickets may be cashed at any time after the sports event results are made official.

(9) At the conclusion of each periodic sporting event, the hub shall send reconciliation statements showing amounts handled on each individual sports event to the parimutuel facilities, parimutuel network, and the fantasy sports coordinator.

(10) The parimutuel network shall remit the correct takeout amount from all parimutuel facilities to the board within seven days after the conclusion of each administrative week. The remitted amount shall not include breakage or unclaimed ticket amount takeout.

(11) The board shall distribute the takeout amount as per 23-4-302, MCA.

(1) Wagering will only be permitted at a licensed fantasy sports parimutuel facility by means of a parimutuel system that has been approved by the board.

(2) No employee of the parimutuel network, parimutuel director, parimutuel facility, or hub operations may place a wager for the employee personally or any other person during the actual work period for which the employee is licensed as a parimutuel occupational employee.

(3) Any claim by a patron that a wrong ticket has been delivered must be made before leaving that parimutuel ticket window or parimutuel self service machine. No claim shall be considered after that time, and no claim shall be considered for tickets that are discarded, lost, changed, destroyed, or mutilated beyond identification. Payment will be made only upon presentation of appropriate parimutuel tickets.

(4) The parimutuel facility licensee shall not sell or cash parimutuel tickets to persons under 18 years of age. Signs indicating that persons under age 18 are not allowed to wager shall be conspicuously displayed near the selling and cashing windows.

(5) The parimutuel facility shall ensure that all parimutuel tickets sold on a sporting event during an administrative week are purchased or cashed from the regular ticket windows or parimutuel self service machine.

(6) All parimutuel facility employees working with parimutuel selling machines must be licensed by the board and given instructions by the facility manager, network director, or their designee prior to the start of their duties.

(7) The parimutuel facility shall make available to the public the actual winning amount to be paid for each winning ticket after results are made official.

(8) A parimutuel facility shall complete all forms summarizing eachadministrative week's mutuel operations, and verification of the payoff computations, and completion of such other forms as may be required by the network director or fantasy sports coordinator.

(9) The parimutuel network shall ensure payouts, pool totals, and winning combinations for each fantasy sports event are available to the public at each licensed parimutuel facility after the official results have been posted.

(10) The parimutuel facility shall conspicuously display rules at its licensed premises which govern wagering transactions with patrons. The rules must specify takeout amounts, the amounts to be paid on winning wagers, and the redemption period for winning tickets.

(11) The parimutuel network and network director are responsible for the accuracy of all payoff prices.

(12) The parimutuel network director shall prepare or have prepared a parimutuel recapitulation form at the end of each administrative week. The recapitulation form shall be provided to the fantasy sports coordinator or the board.

(13) The parimutuel network licensee may be required to furnish a certified public accountant, licensed to practice in Montana, with the following duties:

(a) completion of the forms summarizing each week's mutuel operation;

(b) verification of the payoff computations;

(d) submission of financial statements covering parimutuel operations for the fiscal year.

(14) The parimutuel network director must verify deposit of all receipts and submit statements showing parimutuel receipts, percentages retained, and such other information as may be required for the proper administration of the law to the fantasy sports coordinator and the board. The information shall be submitted within seven days after the close of the fantasy sports administrative week.

(15) The parimutuel network shall report to the fantasy sports coordinator and the board the total face value of all unclaimed winning tickets quarterly.

(1) Betting shall not commence for the administrative week until the parimutuel hub has demonstrated to the satisfaction of the parimutuel facility, parimutuel network director, and the fantasy sports coordinator that the mutuel system is operating properly.

(2) The parimutuel facility shall not allow betting on any connected issuing machine:

(a) which fails to issue legible tickets, properly record on the tote the issuance of a ticket, function in any way which would materially interfere with the proper calculation of a pool, or the proper supervision of the operation of the mutuel system;

(b) on which any part of the machinery in the automated mutuel system malfunctions so as to materially interfere with the proper calculation of a pool or the proper supervision of the operation of the mutuel system;

(c) which bears a ticket code identical to any previous day of the administrative week, or has tickets that bear serial numbers inclusive of any used during a previous administrative week; or

(d) for which the parimutuel facility has failed to draw a test ticket prior to the first wager during an administrative week.

(3) If the parimutuel facility or parimutuel network director refuses to authorize the opening of wagering, the parimutuel facility shall explicitly explain to the fantasy sports coordinator the reason for the refusal. When the defects in the mutuel system are remedied and its adequacy demonstrated, the parimutuel facility or parimutuel network director shall authorize the opening of wagering.

(4) A random testing program shall be performed on a computerized system to verify that all functions of the system are working properly. This shall be done prior to the opening of each day of the administrative week by the parimutuel facility.

(1) If an error is made in posting the payoff figures to the public, the error shall be corrected promptly and only the correct amounts shall be used in the payoff, irrespective of the error posted to the public, but no change shall be made in the payoff after the cashing of winning tickets has commenced. If an error is discovered before the payoff is started, the correct payoff shall be posted.

(2) Illegible or mutilated tickets shall not be sold; further they shall be voided with ink or mutilation and accounted for by the parimutuel facility and parimutuel network in calculation of the gross pool, but not to be included as winning tickets.

(3) Illegible or mutilated tickets issued by a ticket issuing machine shall not be sold. These tickets are to be voided by ink or mutilation and are to be attached to the calculation sheet for their respective pool and sporting event.

(4) The parimutuel facility shall be responsible for all parimutuel employee's errors. Any customer complaint concerning a parimutuel employee's error shall be immediately called to the attention of the parimutuel network director, and the parimutuel network director's decision shall be final.

(5) A validly issued parimutuel ticket timely surrendered to the parimutuel facility by the legal holder shall be the only evidence of a person's participation in parimutuel wagering. The acceptance of a parimutuel ticket by taking an issued ticket away from the window or terminal from which it is purchased shall constitute an acknowledgment by the purchaser of the correctness of the ticket, and each purchaser of a parimutuel ticket agrees to be bound by the terms and provisions of this and all other applicable board rules and regulations, and by the laws of the state of Montana pertaining to parimutuel wagering. Neither the parimutuel hub, parimutuel network, parimutuel facility, the board, nor the state of Montana shall be liable to any person for any ticket which is not a winning ticket in accordance with the provisions of these rules nor shall they, or any of them, be liable to any person for any parimutuel ticket not delivered for any reason, including but not limited to mechanical malfunction, electrical failure, machine locking, or other causes.

(1) The fantasy sports coordinator and the board and its staff will be given unrestricted access, for review and audit, to all records and financial information of the parimutuel network and the parimutuel hub. This information will be made available to the fantasy sports coordinator or the board, by the parimutuel network director at the network or hub location, upon notice from the fantasy sports coordinator or the board or board staff, at all reasonable times to the extent such disclosure is not expressly prohibited by law.

(2) The following reports shall be submitted to the fantasy sports coordinator or the board:

(a) parimutuel recapitulation form for each accounting week;

(b) a transmission failure report signed by the parimutuel network operator must be filed with the board within 48 hours whenever wagers are not transmitted to, received by, or otherwise accepted by the hub for any reason. The financial implication of such failure should be detailed in this report; and

(c) all parimutuel network and parimutuel facility licensees shall report any known or suspected irregularities, wrongdoing, or rule violations by any person involving parimutuel fantasy sports wagering immediately to the fantasy sports coordinator or the board and shall cooperate in subsequent investigations.

(3) The following reports generated by the parimutuel network or parimutuel facility shall be available for inspection by the fantasy sports coordinator and the board upon request:

(a) parimutuel facility wagering handle;

(b) reports for taxation purposes;

(d) log of all system accesses and adjustments to the master file;

(e) list of all wagers and winning payouts; and

(f) wagering report forms for all wagers over $10,000.

(4) The board may require the parimutuel network director and hub to annually submit audited financial statements.

(5) The parimutuel network shall create and keep the records and reports required by the board in such a manner and using such forms as the board may require. Records shall be preserved for at least five years after they are made. The board may at any time examine and copy the records.

(6) All proceedings against an applicant for licensure or a licensee shall be before the board.

(1) As set forth in 23-4-301, MCA, it is unlawful to conduct pool selling or bookmaking or to wager on a fantasy sports league other than by the parimutuel system and by being physically present at a licensed parimutuel facility.

(2) As set forth in 23-4-301, MCA, it is unlawful to permit a minor to use the parimutuel system.

(3) As set forth in 23-4-301, MCA, it is unlawful to conduct internet or telephone parimutuel wagering on fantasy sports leagues.

(4) No wagers may be accepted or paid by a parimutuel facility on a collegiate sport or athletic event. A collegiate sport or athletic event is an event offered or sponsored by or played in connection with a public or private institution that offers educational services beyond the secondary level.

(5) No wager may be accepted or paid by a parimutuel facility on any amateur sport or athletic event.

(6) No wager may be accepted or paid by a parimutuel facility on any nonsporting event.

(7) Parimutuel facilities shall not accept wagers unless made by an individual person, physically present at the parimutuel facility site with cash.

(8) Parimutuel facilities shall not accept wagers except at licensed premises, and only at betting stations approved by the fantasy sports coordinator or the board.

(9) Parimutuel facilities shall not knowingly accept money or its equivalent ostensibly as a wager upon a sporting event whose outcome has already been determined. A licensed parimutuel network shall not create a roster or program for, and a licensed parimutuel facility shall not accept a wager on a sporting event unless the date and time at which the outcome of the sporting event is determined can be confirmed from reliable sources satisfactory to the fantasy sports coordinator or the board, or from records created and maintained by the parimutuel network in such manner as the fantasy sport coordinator or the board may approve.

(10) Parimutuel facilities shall not accept wagers on a sporting event unless league rules for the event have previously been submitted by the parimutuel network to the fantasy sports coordinator and approved by the coordinator, and then made available to the parimutuel facility by the parimutuel network as an option to be used by the parimutuel facility for that wagering period.

(11) Parimutuel facilities shall not accept wagers on a sporting event unless the event has been chosen by the facility for inclusion in that wagering period, and the availability of the sporting event posted at the facility. Chosen sporting events for each wagering period must be posted on the roster or program provided to each patron, and may also be posted by electronic or manual means, including printed media. Posted sporting events must be chosen by a parimutuel facility for a wagering period prior to the start of the wagering period, and no changes to the chosen options shall occur during the wagering period.

(12) Parimutuel facilities shall not accept any wager in excess of $10,000 unless the following steps have all been completed:

(a) obtain the patron's name;

(b) obtain the patron's permanent address and social security number;

(i) driver's license;

(ii) passport;

(iii) nonresident alien identification card;

(iv) other reliable government-issued identification credentials; or

(v) other picture identification credential normally accepted as a means of identification when cashing checks; and

(d) examine the identification credential obtained to verify the patron's name, and to the extent possible, to verify the accuracy of the information obtained.

(13) Subsequent to accepting a wager in excess of $10,000, the parimutuel facility employee shall record or maintain records that include:

(a) the patron's name, and if applicable, the agent's name;

(b) the patron's address, and if applicable, the agent's address;

(d) a description, including any document number of the identification credential examined, and if applicable, for the agent;

(e) the amount of the wager;

(f) window number or other identification of the location where the wager occurred;

(g) the time and date of the wager;

(h) the name and signature of the parimutuel employee accepting or approving the wager; and

(i) any other information as required by the fantasy sports coordinator or the board.

(14) Each parimutuel facility shall report the wagers required to be recorded on a wagering report form provided by the board.

(15) Parimutuel facilities and their employees shall not knowingly allow, and shall take steps to prevent, the circumvention of the $10,000 wager identification and reporting rule by multiple wagers within its designated administrative week with a patron or by the use of a series of wagers that are designed to accomplish indirectly what could not be accomplished directly.

(16) Parimutuel facilities and the parimutuel network and all parimutuel employees shall not encourage or instruct patrons to structure or attempt to structure wagers. This section does not prohibit a parimutuel facility or parimutuel employee from informing a patron of the regulatory requirements imposed upon the parimutuel facility.

(17) Parimutuel facilities shall make payment on a winning wager to a person who presents the patron's copy of the betting ticket representing the wager at the parimutuel facility at which it was issued. A parimutuel facility or employee need not make payment to a person who the employee knows is not the person to whom the patron's betting ticket was issued. Parimutuel facilities and parimutuel employees shall not make payment on a winning wager to a person who the facility or employee knows or reasonably should know is collecting the payment on behalf of another for monetary consideration or in violation of state or federal law.

(18) Parimutuel facilities shall honor winning betting tickets for 30 days after the conclusion of the administrative week. The parimutuel facility shall state the redemption period on each betting ticket, in league rules, and on notices conspicuously placed about the licensed premises. Payment by mail may be made only after presentment of the betting ticket, and must be made not later than ten days after presentment.