23 CAR § 357-314. Owners and trainers

(a)(1)(A) Each owner and trainer must obtain a license from the Arkansas Racing Commission. (B) In the absence of the owner, the trainer will be responsible for obtaining the owner license. (2)(A) The trainer is presumed to know the Rules Governing Horse Racing in Arkansas and is responsible for the condition, soundness, and eligibility of the horses the trainer enters in a race. (B) The trainer shall conduct the trainer's business with reasonable care and skill and in a humane manner, and with due regard to the interests of the trainer's owners and to the safety of the trainer's employees and of the horses in the trainer's care. (3) In addition to the responsibilities under subdivision (a)(2) of this section, a trainer has the following specific responsibilities to: (A) Have knowledge of the medication status of all horses in the trainer's care; (B) Guard and protect all horses in the trainer's care; (C) Make or authorize the making of all entries and scratches of horses in the trainer's care; (D) Account for fees and services rendered on behalf of any horse in the trainer's care to the appropriate owner or owners; and (E) Determine the training regimen of all horses in the trainer's care. (4) No trainer shall assign any of the trainer's duties or responsibilities to any person that is disqualified or ineligible to participate in racing or is not appropriately licensed. (5) No trainer shall assume any of the above responsibilities for a horse not under his or her active care, custody, and supervision. (6)(A)(i) A trainer’s commission shall be ten percent (10%) of an owner’s share of the purse for horses finishing first, second, or third. (ii) This amount shall be deducted from the owner’s account by the Horsemen’s Bookkeeper and deposited in the account set up by the trainer at the track upon notification from the Board of Stewards that the purse may be released. (iii) Notwithstanding the foregoing, if the owner and trainer have a written contract which requires payment less than or more than ten percent (10%) of the purse earned, the owner shall pay the trainer any money due under the contract in excess of ten percent (10%) and the trainer shall reimburse the owner any money due under said contract, in each case in accordance with the terms of said contract. (iv) Should a purse be redistributed for any reason, the owner and trainer shall be responsible for reimbursing the Horsemen’s Bookkeeper for their respective share of any purse moneys credited to their account that are required to be redistributed. (B)(i) Any owner may elect not to have ten percent (10%) of the owner's purse earned deducted from the owner's account by filing with the Horsemen’s Bookkeeper a form titled Notification of Exclusion To Trainer 10% Program, which is hereby incorporated by reference. (ii) The form, which is available in the Horsemen’s Bookkeeper’s office, may be filed by an owner with the Horsemen’s Bookkeeper’s office at any time during a race meeting and shall: (a) Apply to all horses owned in whole or in part by the owner; (b) Be binding on all licensed owners with an interest in the horse or horses; (c) Apply to all trainers employed by the owner; and (d) Remain in force until written revocation is submitted by the owner to the Horsemen’s Bookkeeper’s office to which the form was submitted, or the end of the then-current calendar year. (C) Nothing contained in this section shall preclude the owner and trainer from entering into an agreement for the payment of fees due the trainer for services provided or expenses incurred that varies from the terms of this section. (b) No trainer shall practice the horse training profession except under the trainer's own name. (c) The stewards may permit a trainer to act pending action on the trainer's application. (d) A licensed trainer may represent the owner in the matter of entries, declarations, and the employment of jockeys. (e) A trainer shall have the trainer's horse in the paddock at the time appointed. (f) A trainer shall attend the trainer's horse in the paddock and shall be present to supervise the saddling of the horse, unless the trainer has obtained the permission of a steward to send another licensed trainer as a substitute. (g)(1) Each trainer shall register with the Racing Secretary all horses in the trainer's charge, giving the name, color, sex, age, breeding, and ownership of each such horse. (2) Each trainer shall register with the stewards every person employed by the trainer. (3) A trainer shall not have in charge or under the trainer's supervision any horse owned in whole or in part by a disqualified or ineligible person. (h) It shall be the duty of each franchise holder to see that all owners, authorized agents, and trainers are licensed before any thoroughbred horse in which they hold an interest or which they train is allowed to race, and it shall also be the duty of each franchise holder to see that the application for license is filed and the prescribed fee is paid to the commission. (i) No licensed owner or trainer shall knowingly stable horses belonging to an unlicensed owner. (j) No owner or trainer shall accept, directly or indirectly, any bribe, gift, or gratuity in any form which might influence the result of any race, or which would tend to do so. (k)(1) No owner or trainer shall move or permit to be moved any horse or horses in the owner or trainer's care from the grounds of a franchise holder without written permission from the Racing Secretary. (2) A trainer or owner shall not enter or start a horse that: (A) Is not in sound racing condition; (B) Is a bleeder, unless approved by the Track Veterinarian; (C) Has been trachea-tubed; (D) Has a temperature above its normal temperature, established as acceptable by the trainer or the attending veterinarian; (E) Has been nerved above the ankle; or (F) Has been given in any manner whatsoever, internally or externally, any stimulant, depressant, hypnotic, or narcotic drug, or antiseptic of any kind or description. (l) No person licensed by the commission shall have in his or her possession on or about any racetrack any appliance (electrical, mechanical, or otherwise) which could affect the racing condition or speed of a horse, unless the appliance is approved for use on horses on the grounds of the association under 23 CAR § 357-106(s)(3) or Rule 1217.3. (m) The use of a hand-held communication device by a rider is prohibited while the rider is riding a horse: (1) In a race; or (2) Training or exercising on the track. (n) No owner or trainer shall employ a jockey for the purpose of preventing him or her from riding in any race. (o) Trainer transfers or changes must be approved by the stewards prior to entry. (p) Each owner shall register with the Racing Secretary each thoroughbred horse owned by him or her giving the names, colors, sexes, ages, breeding, authorized agents and trainers, weights, and characteristic markings, scars, and other identification features not above named. (q)(1)(A) Each franchise holder shall keep and maintain during its race meeting the registration papers on each thoroughbred horse, which are issued by The Jockey Club (New York). (B) The track identifier shall carefully compare the description provided in the aforementioned registration papers in the paddock before post time. (2) No trainer shall be licensed until he or she presents a certificate of insurance or other adequate proof to the stewards with the trainer's license application, certifying that the trainer has worker’s compensation insurance or other insurance which covers on-the-job injuries sustained by the trainer, the trainer's employees, or family members.