1. (a) Employees of the Arkansas Racing Commission, including but not limited to stewards, judges, auditors, investigators, racing commission office manager, veterinarians, secretaries, bookkeepers, gatemen and their assistants, and any person acting in the capacity of a racing official shall not wager money or anything of value on races at the track at which they are employed or acting.
2. (b) No one interested in the results of the race, either because of ownership of any entry, or of his or her sire or dam, because of bets or otherwise, shall act as a racing official in respect to that race.

3. (c) Racing officials while serving during any race meeting in such capacity shall not engage in the following:

   1. (1) Participate in the sale or purchase or ownership of any horse racing at the race meeting;
   2. (2) Be involved in any way in the purchase or sale of any contract on any jockey racing at the race meeting;
   3. (3) Sell or solicit horse insurance on any horse racing at the race meeting, or make any other business sales or solicitation not a part of the official's duties;
   4. (4) Wager on the outcome of any race; or

   5. (5)

      1. (A) Accept or receive money or anything of value for such official's assistance in connection with his or her duties.
      2. (B) Racing officials shall include those officials who are approved and designated by the commission as racing officials for each live race meeting.
4. (d) Any person subject to this part shall report to the stewards all observed violations of this part.
5. (e) No person shall enter, cause to be entered, or start an entry that the person knows or believes to be ineligible or disqualified.
6. (f) If a person wrongfully gives or offers money, shares in a bet, or provides other benefit to any person having official duties in relation to a race, or if a person having official duties in relation to a race wrongfully accepts or offers to accept moneys, shares in a bet or other benefit, or if any person fraudulently offers or receives any amount of money for the declaring any entry out of a purse or stake, then any such person shall be in violation of this subsection.
7. (g) No person licensed as a jockey at Oaklawn Park shall be owner or part owner of any horse racing at Oaklawn.
8. (h) No jockey riding in a race, nor his or her attendant, shall make any wager nor shall any wager be made on the behalf of a jockey or his or her attendant on any horse other than the horse ridden by said jockey in such race.
9. (i) No person shall offer or give a jockey any money or other benefit in connection with a race, unless said person is the owner or trainer of the horse ridden in said race by said jockey.
10. (j) No person shall assume or pay, directly or indirectly, a fine imposed upon a jockey, provided, however, the commission may authorize the payment of such fine by the owner or trainer of the horse ridden by the jockey at the time of the infraction resulting in such fine.
11. (k) No transfer of any thoroughbred horse shall be made for the purpose of avoiding ineligibility or disqualifications.

12. (l)

    1. (1) A thoroughbred horse, starting in a race, shall not be shod with ordinary or training shoes or turn down shoes, or be allowed to start a race without shoes, unless the stewards grant permission to run without shoes prior to the race.

    2. (2) Horses entered to race or training at Oaklawn Park are prohibited from wearing:

       1. (A) Toe grabs with a height greater than four millimeters (4 mm);
       2. (B) Bends;
       3. (C) Jar caulks;
       4. (D) Stickers; or
       5. (E) Any other appliance worn on the front shoes.
13. (m) No person shall tamper or attempt to tamper with any thoroughbred horse in such a way as to affect his or her speed in a race, nor shall he or she counsel or in any way aid or abet any such tampering.
14. (n) Bar plates may be used only with the consent of the stewards.
15. (o) No electrical or mechanical device or other expedient 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 anyone or applied by anyone to a horse at any time on the grounds of a franchise holder during a race meeting, whether in a race or otherwise, provided this subsection is not intended to preclude any pre-race external treatments permitted under 23 CAR § 357-106(s)(3).

16. (p)

    1. (1) While within the confines of a racetrack, its buildings, or on the grounds, no person, other than a veterinarian licensed by the commission, shall have in his or her possession any equipment for hypodermic administration.
    2. (2) Non-injectable medication prescribed by a properly licensed veterinarian for an existing condition may be possessed.

17. (q)

    1. (1) No person shall administer, permit, or authorize the administration of any drug, narcotic, stimulant, tranquilizer, depressant, local anesthetic, steroids, NSAIDS, or any substance which interferes with recognized testing procedures, except as permitted by 23 CAR § 357-108, in any manner whatsoever, internally or externally, to any horse within twenty-four (24) hours of the scheduled post time of the race in which the horse is entered to run.
    2. (2) The administration of any drugs or chemical substance shall be done at the risk of the person or persons administering, authorizing, or permitting the administration, and all such persons shall assume the risk that if the horse tests positive after an analysis by the Commission Chemist, it shall be a violation of 23 CAR § 357-109(b), whether the drug or chemical substance was administered before or after twenty-four (24) hours prior to the scheduled post time.
18. (r) See separate appendix for Rules 1217, 1217.1, 1217.2, 1217.3, 1217.4, and 1217.5, including Uniform Classification Guidelines for Foreign Substances and Recommended Penalties.

19. (s)

    1. (1) Any trainer, attendant, owner, veterinarian, or other person who shall participate in the illegal administration of any drug, medication, or chemical substance to any horse entered in a race, or otherwise tamper with an entered horse for the purpose of enhancing or retarding the performance of such a horse, shall be punished to such an extent as the stewards rule.

    2. (2)

       1. (A) Upon receipt of a positive laboratory report, the stewards shall direct that no undistributed money earned by the positive horse be awarded pending a final determination of the matter.
       2. (B) Distributed purse money may be ordered returned by the stewards.
       3. (C) If it is determined that a violation has occurred, the purse money will be ordered forfeited and redistributed among the other horses in the race as determined by the stewards.
       4. (D) Pari-mutuel wagering shall not be affected by purse money redistribution.

    3. (3)

       1. (A) External non-invasive treatments such as icing, massage therapy, use of magnetic blanket or vibrator, or equine chiropractic treatments may be administered prior to the time the horse is required to be in the paddock for any race in which the horse is entered, provided, however, such permitted external treatments shall not include any activity involving:

20. (i) Any incision or piercing of the skin;

    1. (ii) The application of extracorporeal shock wave therapy or radial pulse wave therapy otherwise prohibited by Rule 1217.3; or

       1. (iii) The use of any prohibited drug or other prohibited substance.

       2. (B)

          1. (i) No device designed to produce localized anesthesia at the site or underlying tissues may be used on a horse after 6:00 p.m. on the day immediately prior to any day the horse is an entry in a race.
          2. (ii) The application of extracorporeal shock wave therapy and radial pulse wave therapy must comply with Rule 1217.3.

       3. (C)

          1. (i) Any person performing any equine chiropractic services on the grounds of the association shall consult with a veterinarian licensed by the commission regarding the chiropractic services to be performed, and shall conduct such services in compliance with applicable Arkansas law governing such services.
          2. (ii) In addition, any person performing any equine chiropractic services on the grounds of the association must be licensed as a vendor by the commission, and must have such further licenses if and to the extent required by applicable Arkansas law.

       4. (D)

          1. (i) Any machine or other device to be used in connection with any chiropractic treatment on any horse on the grounds of the association must be registered with and approved by the commission or its designee before use.
          2. (ii) Any machine or other device producing localized anesthesia or electronic or other similar shock wave used in connection with any treatment on any horse on the grounds of the association, including, without limitation, any laser, ultrasound, and nerve stimulator devices, e.g., “TENS” machine, must be registered with and approved by the commission or its designee before use.
          3. (iii) Customarily used vibrators, magnetic blankets, and magnetic boots are not required to be so registered.
          4. (iv) No machine or other device which produces localized anesthesia at the site or underlying tissues lasting more than twelve (12) hours shall be approved unless use is limited to such lead times before racing as the official veterinarian shall determine is necessary for the anesthesia effect to properly dissipate.
       5. (E) Use of any machine or other device required to be registered with the commission or its designee under subdivision (s)(3)(D) of this section on a horse on the grounds of the association must be reported to the official veterinarian on the prescribed form not later than the time prescribed by the official veterinarian.
21. (t) Any franchise holder, owner, trainer, or other licensee employing persons at Oaklawn Jockey Club who fails to hire qualified persons for the job duties assigned to said employer's employees or fails to adequately supervise, direct, or train the employees so employed by said employer may be fined, suspended, or excluded.
22. (u) Any time a horse is disqualified from a race for any reason, the purse money won by that horse shall be redistributed unless the commission finds that there are special circumstances justifying the owner, trainer, or jockey sharing in the purse.

Codification Notes: “NSAIDS” means non-steroidal anti-inflammatory drugs. This section as promulgated prior to codification into the Code of Arkansas Rules contained the following: "1219. Repealed December 2, 2015."