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(1) An apprentice jockey may be granted an apprentice certificate in lieu of an apprentice contract. The apprentice certificate shall grant an apprentice all the allowances and conditions granted to the apprentice who is under contract.

(2) An apprentice jockey is a thoroughbred, quarterhorse and appaloosa race rider who has ridden less than one year and less than 45 winners since first having been licensed in any racing jurisdiction and who otherwise meets the requirements and qualifications for a license as a jockey. The apprenticeship of an apprentice jockey shall automatically terminate one year from the date of his fifth winning ride or on the first anniversary of the date of issuance of his license as an apprentice jockey, if during such first year he has ridden at least 45 winners.   Otherwise, the said apprenticeship shall automatically terminate after such first anniversary date on the date he rides his 45th winning mount, or on the date of the third anniversary of his first apprentice license, whichever shall come first.   For good cause the board may extend the termination date of any apprenticeship or the conditions under which the apprenticeship may be granted.   Races other than recognized thoroughbred races in the United States, Canada or Mexico reported in the Daily Racing Form or other similar official publication shall not be considered in determining eligibility for a license as apprentice jockey; provided, however, that any person who has ridden as a licensed jockey at any recognized meeting in the United States or other country shall have the burden of establishing that the granting of an apprentice license to such person is in the best interest of racing in this state.

(3) Apprentice allowance as follows:

(a) An apprentice jockey shall ride with a five-pound weight allowance beginning after his/her first mount and for one full year from the date of his/her fifth winning mount except no weight allowance shall be given in quarter horse races.

(i) If after riding one full year from the date of his/her fifth winning mount, the apprentice jockey has failed to ride a total of 40 winners from the date of his/her first winning mount, he/she shall continue to ride with a five-pound weight allowance for one more year from the date of his/her fifth winning mount or until he/she had ridden a total of 40 winners, whichever comes first.

(ii) If an apprentice jockey is unable to ride for a period of 14 consecutive days or more after the date of his/her fifth winning mount because of service in the armed forces of the USA, or because of physical disablement, the commission may extend the time during which such apprentice weight allowance may be claimed for a period not to exceed the period such apprentice jockey was unable to ride.

(b) Whenever a jockey from a foreign country, excluding Mexico and Canada, rides in the United States, the jockey must declare that the jockey is a holder of a valid license and currently not under suspension.

(4) Jockey apprentice shall be bound by all the rules for jockeys, except insofar as said rule may be in conflict with the following specific regulations for apprentices.

(5) Apprentice certificates entered into in the state of Montana must be made on forms supplied by the Montana board of horse racing and a copy shall be filed with the board.

(6) A copy of all apprentice contracts, wherever entered into, must be filed with the board.

(7) If an apprentice contract is transferred, said transfer must be approved by the stewards and registered with the board by both the transferrer and the transferee.

(8) No owner or trainer shall be allowed to enter into a contract in Montana with an apprentice jockey unless he is in control or possession of such stable or horse as would, in the opinion of the stewards, warrant the employment of an apprentice.

(9) An application for a license as an apprentice jockey shall be accompanied by:

(a) an original or photostatic copy of his/her agreement with his/her contract employer or apprentice certificate.

(b) birth certificate or satisfactory evidence of date of birth.   The stewards may permit a jockey to ride pending action on his/her application.

History: 23-4-202, MCA; IMP, 23-4-104, MCA; Eff. 12/31/72; AMD, Eff. 5/4/74; AMD, Eff. 5/6/76; AMD, Eff. 4/4/77; AMD, 1979 MAR p. 39, Eff. 1/26/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 320, Eff. 2/17/84; AMD, 1998 MAR p. 1156, Eff. 5/1/98; TRANS & AMD, from Dept. of Commerce, 2002 MAR p. 1500, Eff. 5/17/02; TRANS, from 32.28.706, 2015 MAR p. 2252, Eff. 12/25/15.

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