Section 71IAC5-3-3. Other responsibilities  


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  •    (a) A trainer is responsible for the following:

    (1) The condition and contents of stalls, tack rooms, feed rooms, sleeping rooms, and other areas which have been assigned by the association.

    (2) Maintaining the assigned stable area in a clean, neat, and sanitary condition at all times.

    (3) Ensuring that fire prevention rules are strictly observed in the assigned stable area.

    (4) Providing a list to the commission of the trainer's employees on association grounds and any other area under the jurisdiction of the commission. The list shall include each employee's:

    (A) name;

    (B) occupation;

    (C) Social Security number; and

    (D) occupational license number.

    The commission shall be notified by the trainer, in writing, within twenty-four (24) hours of any change.

    (5) The proper identity, custody, care, health, condition, and safety of horses in his or her charge, including that outlined in 71 IAC 8.

    (6) Disclosure of the true and entire ownership of each horse in his or her care, custody, or control. Any change in ownership shall be reported immediately to, and approved by, the judges and recorded by the racing secretary.

    (7) Training all horses owned wholly or in part by him or her which are participating at the race meeting.

    (8) Registering with the racing secretary each horse in his or her charge within twenty-four (24) hours of the horse's arrival on association grounds.

    (9) Using the services of those veterinarians licensed by the commission to attend horses that are on association grounds. No trainer shall permit a veterinarian whose license is suspended in any jurisdiction or who is excluded from the stable area of tracks under the jurisdiction of the commission to treat any horse, regardless of its location, that has or will be actively participating in racing in Indiana during a given calendar year.

    (10) Immediately reporting the alteration of the sex of a horse in his or her care to the horse identifier and the racing secretary, whose office shall note such alteration on the USTA electronic eligibility.

    (11) Promptly reporting to the racing secretary and the commission veterinarian any horse on which a posterior digital neurectomy (heel denerving) has been performed and ensuring that such fact is designated on the USTA electronic eligibility.

    (12) Promptly reporting to the judges and the commission veterinarian the serious illness of any horse in his or her charge.

    (13) Promptly reporting the death of any horse in his or her care on association grounds to the judges and the commission veterinarian and compliance with 71 IAC 8 governing postmortem examinations.

    (14) Maintaining a knowledge of the medication record and status of all horses in his or her care.

    (15) Immediately reporting to the judges and the commission veterinarian if he or she knows, or has cause to believe, that a horse in his or her custody, care, or control has received any prohibited drugs or medication.

    (16) Representing an owner in making entries and scratches and in all other matters pertaining to racing.

    (17) Horses entered as to eligibility.

    (18) Ensuring the fitness of a horse to perform creditably.

    (19) Ensuring that his or her horses are properly shod, bandaged, and equipped.

    (20) Equipment used on a horse shall not affect the placement of or obstruct the visibility of the head number or saddle pad.

    (21) Presenting his or her horse in the paddock at the appointed time before the race in which the horse is entered.

    (22) Personally attending to his or her horses in the paddock or designating a licensee to attend to the horse in the paddock.

    (23) Instructing the driver to give his or her best effort during a race and that each horse shall be driven to win.

    (24) Attending the collection of a urine or blood sample from the horse in his or her charge or delegating a licensed employee or the owner of the horse to do so.

    (25) Promptly notifying the owner of a horse of a positive test or blood gas analysis report performed on his or her horse indicating levels in violation of 71 IAC 8.

    (26) Notifying horse owners upon the revocation or suspension of his or her trainer's license.

    (27) Guard and protect all horses in his or her care.

    (28) Account for fees and services rendered on behalf of any horse in his or her care to the appropriate owner or owners.

    (29) Determine the training regimen of all horses in his or her care.

    (30) Ensuring that electronic eligibility is registered with the USTA prior to entry in a race or qualifying race.

    (31) Immediately notifying the judges, or in their absence commission or track security, of any contact a practicing veterinarian or his or her helper has with a horse within twenty-four (24) hours of its scheduled race except for the administration of furosemide in accordance with commission rules.

      (b) Upon application by the owner, the judges may approve the transfer of such horses to the care of another licensed trainer, and, upon such approved transfer, such horses may be entered to race.

      (c) No trainer shall assign any of his or her duties or responsibilities to any person that is disqualified or ineligible to participate in racing or is not appropriately licensed.

      (d) No trainer shall assume any of the above responsibilities for a horse not under his or her active care, custody, and supervision.

      (e) No trainer shall practice his profession except under his or her own name. (Indiana Horse Racing Commission; 71 IAC 5-3-3; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1146; emergency rule filed Jan 27, 1995, 3:30 p.m.: 18 IR 1498; emergency rule filed Jun 8, 1999, 9:31 a.m.: 22 IR 3125, 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 Mar 27, 2000, 8:20 a.m.: 23 IR 2005; emergency rule filed Feb 20, 2001, 10:08 a.m.: 24 IR 2100; 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 Mar 27, 2002, 10:25 a.m.: 25 IR 2535; emergency rule filed Mar 10, 2006, 11:00 a.m.: 29 IR 2212; errata filed Apr 10, 2006, 2:00 p.m.: 29 IR 2546; emergency rule filed Mar 20, 2007, 1:43 p.m.: 20070404-IR-071070198ERA, eff Mar 16, 2007 [IC 4-22-2-37.1 establishes the effectiveness of an emergency rule upon filing with the Publisher. LSA Document #07-198(E) was filed with the Publisher March 20, 2007.]; 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 23, 2010, 1:27 p.m.: 20100331-IR-071100170ERA; emergency rule filed Mar 3, 2011, 11:50 a.m.: 20110309-IR-071110100ERA; emergency rule filed Mar 8, 2012, 11:43 a.m.: 20120321-IR-071120117ERA)