R 431.4155 Entries or declarations for stakes and futurities.

Rule 4155. (1) An entry or declaration shall comply with all of the following provisions: (a) Be made by any means established by the association, including telephone, electronic, or on paper in the entry box. (b) List all of the following information: (i) The names of the owner or authorized agent, trainer, and the registered stable name or lessee. (ii) The name, color, sex, sire, and dam of the horse. (iii) The race or races in which the horse is to be entered. (iv) The identity of the driver. (2) A starting fee shall be due and payable with the declaration to start and shall not be refunded if the horse fails to start, unless the horse dies between the time of declaration to start and the start of the race. As used in this rule “starting fee” means the payment required with the declaration to start. (3) Noncompliance with any of the requirements of subrules (1) and (2) of this rule or the false stating of facts for the purpose of deception subjects a person filing the entry to disciplinary action. (4) Nominations and sustaining payments not actually received at the hour of closing shall be ineligible, except for those sent by letter bearing a postmark not later than the following day, excluding Sunday, or those sent electronically at or before the hour of closing and stating the color, sex, name of horse, the class to be entered, the name and residence of the owner, and the person making the nomination or sustaining payment. When a nomination or sustaining payment in a stake, futurity, early closing race, or late closing race becomes payable on a Sunday or legal holiday that falls on Saturday, the payment is to be due on the following Monday, and, if made by mail, the envelope shall be postmarked on or before the following Tuesday. If a payment falls on a Monday that is a legal holiday, the payment is due on Tuesday, and, if made by mail, shall be postmarked on or before the following Wednesday. The provisions of this section do not apply to declarations to start. (5) Where an entry is received by letter bearing the postage meter date without any postmark placed thereon by the post office department, the postage meter date shall be considered to be a postmark for the purposes of this rule if the letter is actually received within 7 days following the closing date of the race. Receipt after this time of an entry by letter bearing the metered postmark date is not a valid entry or payment to any race. The meter date shall conform to the postmarked date as set forth in this subrule to be valid. (6) Entries and payments not governed by published conditions are void. Any nominator who is allowed privileges which are not in accordance with the published conditions of the race or which are in conflict with these rules shall be barred from winning any portion of the purse, and the nominator and any person who allowed the privileges shall be considered to have been parties to fraud. (7) A nominator is required to guarantee the identity and eligibility of his or her nominations and declarations, and, if given incorrectly, the nominator may be subject to disciplinary action and any winnings shall be forfeited and redistributed to eligible entries. A person obtaining a purse or money through fraud or error shall surrender the purse or money or, together with the parties implicated in the incident and the horse or horses, shall be suspended until the demand is complied with. However, where any horse is ineligible as a result of the negligence of the racing secretary, the track shall reimburse the owner for the resultant loss of winnings. (8) A horse entered in a race to which it is ineligible may be transferred to any race to which it is eligible at the same gait. (9) Associations presenting early closing and late closing races shall state the place and day the race will be held. A change in date, program, races, or conditions cannot be made after the nominations have been taken without the written consent of the owners or trainers of all horses eligible at the time the conditions are changed. All nominations and payments, other than starting fees, in early closing races shall be advertised to fall on the fifteenth day of the month. If the race does not fill, each nominator shall be notified within 10 days and a refund of the nomination fees shall accompany the notice. If conditions published for early closing race allow a transfer for change of gait, the transfer shall be to the slowest class the horse is eligible for at the adopted gait, eligibility to be determined at the time of closing of entries. The race to which a transfer may be made shall be the race nearest the date of the race originally entered. Two-year-olds, 3-year- olds, or 4-year-olds entered in classes for their age may only transfer to classes for the same age group at the adopted gait to the race nearest the date of the race originally entered, with entry fees to be adjusted. A complete list of nominations to any early closing race shall be published within 45 days after the closing date or after the date of the last sustaining payment. The list shall be mailed to the owners or authorized agents of all eligible horses. (10) Conditions of early closing races or late closing races that will eliminate horses nominated to a race or add horses that have not been nominated to a race by reason of the performance of the horses at an earlier meeting held the same season are invalid. Early closing races and late closing races shall have not more than 2 also-eligible conditions. (11) In early closing races, late closing races, and overnight races requiring entry fees, all money paid in by the nominators in excess of 85% of the advertised purse shall be added to the advertised purse, and the total shall then be considered to be the minimum purse. If the race is split and raced in divisions, the provisions of R 431.4160(5) apply.