Montana Administrative Register Notice 8-22-150 No. 23   12/09/2016    
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In the matter of the amendment of ARM 8.22.2702, 8.22.2811, 8.22.2905, 8.22.3003, 8.22.3201, 8.22.3202, 8.22.3807, pertaining to the Board of Horse Racing









TO: All Concerned Persons


1. On January 8, 2017, the Department of Commerce proposes to amend the above-stated rules.


2. The Department of Commerce will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Commerce no later than 5:00 p.m. on January 3, 2017, to advise us of the nature of the accommodation that you need. Please contact Bonnie J. Martello, Paralegal, Montana Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@mt.gov.


3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:


8.22.2702 ANNUAL LICENSE FEES (1) through (11) remain the same.

          (12) Occupational

          (a) Veterinarian practicing                                   $50

          (b) Plater                                                              35

          (c) Announcer                                                      25

          (d) Exercise person                                              30

          (e) Groom                                                            25

          (f) Valet                                                                25

          (g) Photo manager                                               25

          (h) Outrider                                                          25

          (i) Pony person                                                     25

          (j) Tip sheet seller                                                 25

          (k) Photo company                                                 800 180

          (l) Gate attendant                                                 25

          (m) Photo employee                                             25

          (n) Security staff                                                   25

          (o) Starter assistant                                              25

          (p) Veterinarian assistant                                      25

          (q) Others not listed                                              25

          (r) Track maintenance                                           25

          (s) Spouse/family                                                  25

          (t) Director of simulcast network                            40

          (u) Director at simulcast facility                              40

          (v) Chart company employee                                25

          (w) Simulcast site or network license                     40

          (x) Lessor                                                            50

          (y) Program company                                         125

          (13) through (15) remain the same.


AUTH:  23-4-104, 23-4-201, 37-1-134, MCA

IMP: 23-4-104, 23-4-201, 37-1-134, MCA


REASON:  The photo company fee was originally put into place when there were 120 days of racing. The fee today is excessive. In regards to the program company, this license requires companies that want to do business at the track producing information for the patrons, to be licensed.


8.22.2811 VETERINARIAN: OFFICIAL (1) through (4) remain the same. 

(5) The official veterinarian shall administer medication only in an emergency and if no practicing veterinarian is available.  


AUTH:  23-4-202, MCA

IMP: 23-4-201, MCA


REASON: Due to the small number of race days, the board determined the official veterinarian should be allowed to also administer medications.


8.22.2905 JOCKEYS (1) through (3)(a) remain the same.

(b)  If the applicant is 16 or 17 years old, a signature from his/her parent or legal guardian must accompany the application.

(4) through (38) remain the same.

(39)  Each jockey shall weigh in at the same weight as that at which the jockey weighted out, and if short of it by more than two pounds, the jockey shall be fined or suspended or ruled off at the discretion of the stewards, and the jockey's mount shall may be disqualified.

(40) through (43) remain the same.


AUTH:  23-4-104, 23-4-202, MCA

IMP: 23-4-104, 23-4-201, MCA


REASON: The board currently requires 16 and 17 year olds to obtain a parent or legal guardian's permission to get an apprentice jockey license, so adding it to a regular jockey's license was needed.  ARM 8.22.2905(39) gives the authority to disqualify a mount to the track stewards based on multiple elements.


          8.22.3003 DECLARATIONS AND SCRATCHES (1) through (8) remain the same.

          (9)  Any horse which has qualified or drawn into a stakes race, other than an overnight stakes race, can be scratched from that stakes race for any reason prior to the start of the race. The scratch of a horse from a stake race is irrevocable.


AUTH:  23-4-202, MCA

IMP: 23-4-104, MCA


REASON: This rule matches other racing jurisdictions' rules in regards to stakes race scratches.


8.22.3201 GENERAL RULES (1) remains the same.

          (2)  All horses entered in races held under these rules may be subject to

inspection by the track veterinarian at any time before or after a race.   After each race whenever possible a urine and/or post-race serum or plasma sample shall be collected from each winning horse and such other horses as may be designated by the stewards.   Such samples shall be designated as official samples and they shall be sealed in the presence of the trainer or his or her authorized representative and an official receipt signed by such person to indicate that the sample is a true and prompt sample from the horse in question shall be given.

          (3) through (19) remain the same.


AUTH:  23-4-104, 23-4-202, 37-1-131, MCA

IMP: 23-4-104, 23-4-202, MCA


REASON: This proposed rule clarifies the use of urine and/or plasma in testing of animals.


          8.22.3202 PERMISSIBLE MEDICATION  (1) through (3) remain the same.

          (4)  Phenylbutazone, or derivatives thereof, shall be administered in such dosage amount that the test sample shall contain not more than five micrograms of the drug substance, its metabolites and analogs, per milliliter of blood plasma. No urine sample taken from a horse authorized to use phenylbutazone shall exceed 165 micrograms total of phenylbutazone or its metabolites per milliliter of urine. Phenylbutazone shall be administered in a dosage amount such that concentrations shall not exceed 2 micrograms per milliliter of post-race serum or plasma.

(5)  Race day medication is allowed in the treatment of exercise induced pulmonary hemorrhage. Up to 250 mg. of furosemide (five cc Lasix) IV is permitted up to four hours before race time.  Race day medication is allowed in treatment of EIPH (exercise induced pulmonary hemorrhage). Up to 250 mg (5cc or 50 md/ml) furosemide (Lasix) IV is permitted up to four hours before race time. A horse racing with furosemide must show a detectable concentration of the drug in the post-race serum or plasma, not to exceed 100 nanograms per milliliter.

(6) through (18) remain the same.


AUTH:  23-4-104, 23-4-202, MCA

IMP: 23-4-104, MCA


REASON: This rule is being amended to match the same standards being used in other racing jurisdictions when it comes to dosage amounts.


8.22.3807 ADVANCE DEPOSIT ACCOUNT WAFERING FEES (1) A nonrefundable application fee of $1000 must be submitted with all hub operator license applications to conduct advance deposit account wagering.

(2) The hub operator applicant will be billed and shall be responsible for any costs involved in background checks, investigation, and review of the application in excess of $100.

(3) An annual license fee of $500 shall be payable to the board on issuance of the original hub operator license, which fee shall not be prorated to the license issuance date.

(4) (1)  An annual hub operator license renewal fee of $500 shall be paid by the licensee, and is due thirty days prior to the license expiration date.

(5) (2)  The hub operator licensee will be billed and shall be responsible for any costs involved in background checks, investigation, and review of the annual renewal application in excess of $100.


AUTH:  23-4-202, MCA

IMP: 23-4-101, 23-4-301, MCA


REASON:   This rule is being amended to remove duplicate rules.


4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to:  Bonnie Martello, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; fax (406) 841-2701; TDD (406) 841-2702; or e-mail bmartello@mt.gov, and must be received no later than 5:00 p.m., January 6, 2017.


5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Bonnie Martello at the above address no later than 5:00 p.m., January 6, 2017.


6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 35 persons based on 370 to 400 licenses issued per year.


7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to the contact person in 4 above or may be made by completing a request form at any rules hearing held by the department.


8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.



/s/ Marty Tuttle                                      /s/ Douglas Mitchell                    

Marty Tuttle                                          Douglas Mitchell

Rule Reviewer                                      Deputy Director

                                                             Department of Commerce


Certified to the Secretary of State November 28, 2016.


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