Ind. Admin. Code tit. 71, r. 7-1-29 – Declaration to start and drawing horses

Sec. 29. (a) No owner, trainer, or agent for a horse with a declaration in the entry box shall be denied the privilege of being present for the draw.

(b) The racing secretary responsibilities shall include:

(1) all entries shall be listed;

(2) the eligibility verified;

(3) preference ascertained; and

(4) starters selected.

(c) If it is necessary to reopen any race, public announcement and announcement over text shall be made within one (1) hour of the closing of entries.

(d) The judges shall conduct the draw for post positions along with a representative of the horsemen.

(e) When a track requires a horse to be declared at a stated time, failure to declare as required shall be considered a withdrawal from the event.

(f) After declarations to start have been made, no horse shall be withdrawn from the race except by permission of the judges. A fine or suspension, or both, shall be imposed for drawing a horse without permission, and the penalty shall apply to both the horse and the party who violates this rule.

(g) In all races, drawings shall be final unless:

(1) there is conclusive evidence that an entry was timely received by the racing office and was omitted from the race through the error of the association, and is found prior to scratch time; or

(2) the judges find conclusive evidence of any other error of the association.

Notwithstanding, any redraws must be preapproved by the judges.

(h) If a redraw is approved under subsection (g), and the race in question is two (2) or more divisions, the redraw will involve placing the horse in the division with fewer horses and redrawing, or drawing by lot the division to be redrawn.

(Indiana Horse Racing Commission; 71 IAC 7-1-29; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1156; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2863, eff Jul 1, 1995; emergency rule filed Feb 13, 1998, 10:00 a.m.: 21 IR 2406; emergency rule filed Jun 8, 1999, 9:31 a.m.: 22 IR 3129, eff May 26, 1999 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the secretary of state. LSA Document #99-108(E) was filed with the secretary of state June 8, 1999.]; emergency rule filed Feb 20, 2001, 10:08 a.m.: 24 IR 2106; errata filed Jun 21, 2001, 3:21 p.m.: 24 IR 3652; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed May 10, 2005, 3:20 p.m.: 28 IR 2748; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Mar 19, 2009, 11:07 a.m.: 20090401-IR-071090195ERA, eff Mar 12, 2009 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #09-195(E) was filed with the Publisher March 19, 2009.]; emergency rule filed Mar 8, 2012, 11:43 a.m.: 20120321-IR-071120117ERA; readopted filed Nov 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA; readopted filed Aug 28, 2019, 1:23 p.m.: 20190925-IR-071190319RFA; readopted filed Aug 3, 2023, 12:49 p.m.: 20230830-IR-071230428RFA; filed Mar 16, 2026, 11:21 a.m.: 20260415-IR-071250679FRA)