The following definitions and interpretations shall apply throughout this part unless the text otherwise requires:

1. (1) "Act'' means the enabling legislation permitting pari-mutuel horse racing in this jurisdiction;
2. (2) "Added money" means the amount added into a stakes by the association or by sponsors, state-bred programs, or other funds added to those moneys gathered by nomination, entry, sustaining, and other fees coming from the horsemen;
3. (3) "Age" of a horse foaled in North America shall be reckoned from the first day of January of the year of foaling;

4. (4) "Also eligible'' pertains to:

   1. (A) A number of eligible horses, properly entered, which were not drawn for inclusion in a race, but that become eligible according to preference or lot if an entry is scratched prior to the scratch time deadline; or
   2. (B) The next preferred non-qualifier for the finals or consolation from a set of elimination trials that will become eligible in the event a finalist is scratched by the stewards for a rule violation or is otherwise eligible if written race conditions permit;

5. (5) "Allowance race'' means an overnight race for which eligibility and weight to be carried is determined according to specified conditions, which include:

   1. (A) Age;
   2. (B) Sex;
   3. (C) Earnings; and
   4. (D) Number of wins;
6. (6) "Appeal" means a request for the Arkansas Racing Commission or its designee to investigate, consider, and review any decisions or rulings of stewards of a race meeting;
7. (7) "Arrears" means all moneys owed by a licensee, including subscriptions, jockey fees, forfeitures, and any default incident to this part;
8. (8) "Association" means a person or business entity holding a license from the Arkansas Racing Commission to conduct racing with pari-mutuel wagering;
9. (9) ''Association grounds'' means all real property utilized by the association in the conduct of its race meeting, including the racetrack, grandstand, concession stands, offices, barns, stable area, employee housing facilities, parking lots, and any other areas under the jurisdiction of the Arkansas Racing Commission;
10. (10) "Authorized agent" means a person licensed by the Arkansas Racing Commission and appointed by a written instrument, signed and acknowledged before a notary public, by the owner in whose behalf the agent will act;

11. (11)

    1. (A) "Beneficial interest" means profit, benefit, or advantage resulting from a contract or the ownership of an estate, as distinct from the legal ownership or control.
    2. (B) When considered as designation of character of an estate, is such an interest as a devisee, legatee, or donee takes solely for his or her own use or benefit and not as holder of title for use and benefit of another;
12. (12) ''Betting interest" means one (1) or more horses in a pari-mutuel contest which are identified by a single program number for wagering purposes;
13. (13) "Bleeder list" means a tabulation of all bleeders to be maintained by the Arkansas Racing Commission;
14. (14) "Breakage" means the net pool minus payoff;
15. (15) "Breeder" means the owner of the horse's dam at the time of foaling;
16. (16) "Carryover" means the non-distributed pool moneys that are retained and added to a corresponding pool in accordance with this part;
17. (17) "Claiming race" means a race in which any horse starting may be claimed (purchased for a designated amount) in conformance with this part;

18. (18)

    1. (A) "Commission" means the regulatory agency with the authority to regulate racing.
    2. (B) Also "Racing Commission" and "Arkansas Racing Commission";
19. (19) "Conditions" means qualifications that determine a horse's eligibility to be entered in a race;
20. (20) "Contest" means a competitive racing event on which pari-mutuel wagering is conducted;
21. (21) "Contestant" means an individual participant in a contest;
22. (22) "Coupled entry'' means two (2) or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes (also see "Entry").

23. (23)

    1. (A) "Day" means a twenty-four-hour period beginning at 12:01 a.m. and ending 12:00 p.m. midnight. Also known as a calendar day;
24. (24) "Dead heat" means the finish of a race in which the noses of two (2) or more horses reach the finish line at the same time;
25. (25) "Declaration'' means the act of withdrawing an entered horse from a race prior to the closing of entries;

26. (26) Subject to 23 CAR § 357-405(a)(2), "Entry" means:

    1. (A) A horse made eligible to run in a race; or
    2. (B) Two (2) or more horses, entered in the same race, which have common ties of ownership or lease;
27. (27) "Exhibition race" means a race on which no wagering is permitted;
28. (28) "Expired ticket'' means an outstanding ticket that was not presented for redemption within the required time period for which it was issued;

29. (29)

    1. (A) "Financial interest" means an interest that could result in directly or indirectly receiving a pecuniary gain or sustaining a pecuniary loss as a result of ownership or interest in a horse or business entity, or as a result of salary, gratuity, or other compensation or remuneration from any person.
    2. (B) The lessee and lessor of a horse have a financial interest;
30. (30) "Flat race" means a race in which horses mounted by jockeys run over a course on which no jumps or other obstacles are placed;
31. (31) "Forfeit" means money due from a licensee because of error, fault, neglect of duty, breach of contract, or a penalty imposed by the stewards or the Arkansas Racing Commission;
32. (32) "Guest association'' means an association which offers licensed pari-mutuel wagering on contests conducted by another association (the host) in either the same state or another jurisdiction;
33. (33) "Handicap" means a race in which the weights to be carried by the horses are assigned by the Racing Secretary or Handicapper for the purpose of equalizing the chances of winning for all horses entered;
34. (34) "Handle" means the aggregate of all pari-mutuel pools, excluding refundable wagers;
35. (35) "Horse" means any equine (including and designated as a mare, filly, stallion, colt, ridgeling, or gelding) registered for racing: specifically, an entire male five (5) years of age and older;
36. (36) "Host association" means the association conducting a licensed pari-mutuel race meeting from which authorized contests or entire performances are simulcast;
37. (37) "Inquiry" means an investigation by the stewards of potential interference in a contest prior to declaring the result of said contest official;
38. (38) "Jockey" means a professional rider licensed to ride in races;
39. (39) "Licensee" means any person or entity holding a license from the Arkansas Racing Commission to engage in racing or a regulated activity;
40. (40) "Maiden'' means a horse that has never won an official or recognized race as defined in breed registry rules;
41. (41) ''Maiden race" means a contest restricted to non-winners;
42. (42) "Match race'' means a race between two (2) horses under conditions agreed to by their owners;
43. (43) "Meeting" means the specified period and dates each year during which an association is authorized to conduct racing by approval of the Arkansas Racing Commission;
44. (44) ''Minus pool'' occurs when the amount of money to be distributed on winning wagers is in excess of the amount of money comprising the net pool;
45. (45) “Month" means a calendar month;
46. (46) "Mutuel field" or "field" means two (2) or more contestants in a contest that are treated as a single betting interest for pari-mutuel wagering purposes because the number of betting interests exceeds the number that can be handled individually by the pari-mutuel system;
47. (47) "Net pool" means the amount of gross ticket sales less refundable wagers and statutory commissions;
48. (48) "Nomination'' means the naming of a horse to a certain race or series of races generally accompanied by payment of a prescribed fee;
49. (49) "Nominator'' means the person or entity in whose name a horse is nominated for a race or series of races;

50. (50) “Objection” means a:

    1. (A) Written complaint made to the stewards concerning a horse entered in a race other than a complaint growing out of happenings in the running of the race and filed with the stewards not later than the time period for protest set forth in 23 CAR § 357-507(c); or
    2. (B) Verbal claim of foul in a race lodged by the horse's jockey, trainer, owner, or the owner's authorized agent to the stewards before the race is declared official;
51. (51) "Official order to finish” means the order of finish of the horses in a contest as declared official by the stewards;
52. (52) "Official starter'' means the official responsible for dispatching the horses for a race;
53. (53) "Official time" means the elapsed time from the moment the first horse crosses the starting point until the first horse crosses the finish line;
54. (54) "Off time" means the moment at which, on the signal of the official starter, the doors of the starting gate are opened, officially dispatching the horses in each contest;

55. (55)

    1. (A) ''Optional claiming race” means a contest restricted to horses entered to be claimed for a stated claiming price and to those that have started previously for that claiming price or less.
    2. (B) In the case of horses entered to be claimed in such a race, the race shall be considered for the purpose of this part a claiming race.
    3. (C) In the case of horses not entered to be claimed, the race shall be considered an allowance race;
56. (56) "Outstanding ticket" means a winning or refundable pari-mutuel ticket that was not cashed during the performance for which it was issued; also known as "outs";
57. (57) "Overnight race" means a contest for which entries close at a time set by the Racing Secretary; also known as "purse race";
58. (58) "Owner" means a person who holds any title, right, or interest, whole or partial, in a horse, including the lessee and lessor of a horse;
59. (59) "Paddock" means an enclosure or other designated area where horses scheduled to compete in a contest are saddled prior to racing;

60. (60)

    1. (A) "Pari-mutuel system" means the manual, electro-mechanical, or computerized system and all software (including the totalisator, account betting system, and off-site betting equipment) that is used to record bets and transmit wagering data.
    2. (B) "Pari-mutuel wagering" shall include any method of wagering approved by the Arkansas Racing Commission whereby amounts wagered are placed in one (1) or more designated wagering pools (whether or not the wagers are placed with respect to the same race), and the amounts remaining in the respective wagering pool, after reduction for the takeout under applicable law and rules of the commission, are returned to the winning bettors or bettors under the rules applicable to the particular wagering pool and in accordance with applicable law and the rules of the Arkansas Racing Commission (subject, in the case of uncashed pari-mutuel tickets, to the provisions of Arkansas Code § 23-110-406(b) and 23 CAR § 357-105(dd));
61. (61) "Patron" means a member of the public present on the grounds of a pari-mutuel association during a race meeting for the purpose of wagering or to observe racing;
62. (62) "Payoff" means the amount of money payable to winning wagers;
63. (63) "Performance" means a schedule of contests conducted on the same day as authorized by the Arkansas Racing Commission;
64. (64) "Permit" means an authorization by the Arkansas Racing Commission to an association to conduct horse racing with pari-mutuel wagering at a specified location;
65. (65) "Person" means any individual, partnership, corporation, or other association or entity;
66. (66) "Post position" means the pre-assigned position from which a horse will leave the starting gate;
67. (67) "Post time" means the scheduled starting time for a contest;
68. (68) "Prima facie evidence" means evidence that, until its effect is overcome by other evidence, will suffice as proof of fact in issue;
69. (69) "Profit" means the net pool after deduction of the amount bet on the winners;
70. (70) "Profit split'' means a division of profit amongst separate winning betting interests or winning betting combinations resulting in two (2) or more payoff prices;
71. (71) "Program" means the published listing of all contests and contestants for a specific performance;
72. (72) "Protest" means a written objection charging that a horse is ineligible to race, alleging improper entry procedures, or citing any act of an owner, trainer, jockey, or official prohibited by rules, which, if true, shall exclude that horse/jockey from racing;
73. (73) ''Purse" means the total cash amount for which a race is contested;
74. (74) "Race" means a contest between horses at a licensed race meeting;
75. (75) "Registered Arkansas-bred" thoroughbred horses, registered Arkansas thoroughbred broodmare, registered Arkansas thoroughbred stallion, foal registration, broodmare registration and stallion registration, eligibility to participate in the Arkansas Racing Commission Purse and Awards Fund and eligibility to participate in races that are restricted to registered Arkansas-bred thoroughbred horses shall be determined and made in accordance with registration and fee schedules, adopted by the Arkansas Thoroughbred Breeders and Horsemen's Association and approved by the Arkansas Racing Commission;
76. (76) "Restricted area" means an enclosed portion of the association grounds to which access is limited to licensees whose occupation or participation requires access;
77. (77) "Result" means the part of the official order of finish used to determine the pari-mutuel payoff of pools for each individual contest;
78. (78) "Scratch" means the act of withdrawing an entered horse from a contest after the closing of entries;
79. (79) "Scratch time" means the deadline set by the association for withdrawal of entries from a scheduled performance;
80. (80) "Simulcast'' means the live audio and visual transmission of a contest to another location for pari-mutuel wagering purposes;
81. (81) "Single price pool" means an equal distribution of profit to winning betting interests or winning betting combinations through a single payoff price;
82. (82) "Stable name" means a name used other than the actual legal name of an owner or lessee and registered with the Arkansas Racing Commission;
83. (83) "Stakes race" means a contest in which nomination, entry, and/or starting fees contribute to the purse;
84. (84) “Starter" means a horse that becomes an actual contestant in a race by virtue of the starting gate opening in front of it upon dispatch by the official starter;
85. (85) "Steeplechase race" means a contest in which horses mounted by jockeys run over a course on which jumps or other obstacles are placed;
86. (86) "Steward" means a duly appointed racing official with powers and duties specified by this part;
87. (87) "Substantial evidence" means evidence which a reasoning mind would accept as sufficient to support a particular conclusion and consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance;
88. (88) "Takeout" means the total amount of money, excluding breakage, withheld from each pari-mutuel pool, as authorized by statute or rule;
89. (89) "Totalisator" means the system used for recording, calculating, and disseminating information about ticket sales, wagers, odds, and payoff prices to patrons at a pari-mutuel wagering facility;
90. (90) "Trial race" means part of a series of contests in which horses participate for the purpose of determining eligibility for a subsequent contest;
91. (91) "Walkover" means a race in which only one (1) horse starts or in which all the starters are owned by the same interest;
92. (92) "Week'' means a calendar week;
93. (93) "Weigh in" means the presentation of a jockey to the Clerk of Scales for weighing after a race;
94. (94) "Weigh out" means the presentation of a jockey to the Clerk of Scales for weighing prior to a race;
95. (95) "Weight for age" means a race in which a fixed scale is used to assign the weight to be carried by individual horses according to: age, sex, distance of the race, and season of the year;
96. (96) "Winner" means the horse whose nose reaches the finish line first or is placed first through disqualification by the stewards; and
97. (97) "Year" means a calendar year.