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8.22.2910    TRAINERS

(1) Each trainer shall obtain a license from the board. No person under the age of 18 shall be licensed as a trainer.   Failure to maintain financial responsibility shall be grounds for revocation or non-issuance of license. 

(2) If an applicant has not previously held a trainer's license in Montana or another horse racing jurisdiction, the applicant may not be issued a trainer license if the applicant fails to attain a passing score of at least 75% on an examination prepared by the board and administered by the board or its representative.   If licensed in another racing jurisdiction, proof of licensure shall be provided to the stewards.

(3) An applicant who fails the examination may be allowed one additional examination during that calendar year.

(4) The testing fee for trainers exam will be $50.   If a passing score is not received, applicant may upon payment of $100 retake the test.

(5) Each trainer shall, upon making an entry, furnish the name of the jockey who the trainer desires to rides the trainer's horse, or if this is not possible, the trainer shall furnish it no later than scratch time.   If no jockey has been named by that time, the stewards shall name an available rider.

(6) A trainer claiming a first or second preference on a jockey for a specified horse in a particular race shall obtain written proof of same from the jockey or agent and present said proof at time of entry.

(7) If a named rider is not available to ride for any reason, the trainer shall be immediately notified and may select a substitute jockey from those available. The steward may select a substitute jockey if the trainer fails to act within a reasonable time or is unavailable to act in an emergency.

(8) The trainer shall be absolutely responsible for the condition of every horse the trainer enters regardless of the act of third parties.

(9) A trainer may represent the owner in the matter of entries, declarations and the selection of jockeys.

(10) A trainer shall have his horse in the paddock at the time appointed.

(11) A trainer shall attend his horse or horses in the paddock, and shall be present to supervise the saddling unless he has obtained from the steward permission to send another licensed trainer as substitute.

(12) When a trainer is to be absent from his stable or the grounds where his horses are racing for a period of more than two racing days, and his horses are entered or are to be entered, he must provide a licensed trainer to assume the complete responsibility of the horses he is entering or running.   Such licensed trainer shall sign in the presence of the stewards a form furnished by the board accepting complete responsibility of the horse or horses to be entered or raced.

(13) Each trainer shall register with the racing secretary all the horses in the trainer's charge.

(14) Each trainer shall register with the board every person in his employ and he shall be responsible for all his employees securing occupational licenses.   Each trainer shall sign the license application of every person in his employ and verify the fact of the employment.

(a) Each trainer shall be responsible for reporting to the board the discharge of any of his employees within 24 hours of the discharge.

(15) Each trainer shall require every jockey and exercise person to wear a safety helmet when exercising horses for the trainer.

(16) A trainer shall not have in his charge or under his supervision any horse owned, in whole or in part, by a disqualified person.

(17) No trainer shall accept, directly or indirectly any bribe, gift or gratuity in any form which might influence the result of any race.

(18) No trainer shall employ a jockey for the purpose of preventing him from riding in any race.

(19) A trainer shall report promptly to the racing secretary and to the official veterinarian any and all sickness of any horse or horses under the trainer's care.

(20) Trainers acting as pony persons for the horses they train shall be obligated to observe the same rules of conduct as licensed pony persons.

(21) No trainer shall employ in any capacity any person under 16 years of age, nor shall the trainer employ anyone not licensed by the board.

(22) No trainer or his representative shall employ a veterinarian who is not licensed as such by the state board of veterinarians.

(23) The trainer or his authorized representative must be present in the testing enclosure when a saliva, urine or other specimen is taken from his horse and must remain until the sample tag attached to the specimen shall be signed by the trainer or his representative as witness to the taking of the specimen.

(24) The trainer is obligated to protect the horses in his care against the administration of any substance which could affect the performance of a horse in a race.

(25) The trainer shall be absolutely responsible for the condition of any horse the trainer enters in a race as disclosed by any test and/or analysis conducted by an approved laboratory.

(26) Except as provided in the permissible medication rule, a trainer shall not enter or start a horse that is not in serviceably sound racing condition, is a known bleeder, has been trachea-tubed, has been nerved by alcohol block or otherwise, except a horse that has had a digital neurectomy may be permitted to race subject to a pre-race veterinary examination, has impaired eyesight in both eyes, or has been administered any narcotic, stimulant, depressant, local anesthetic, analgesic, or any derivative or compound thereof or any substance that interferes with the testing or masks.

(27) A licensed trainer may employ an assistant trainer. Such assistant trainer must be licensed before acting in such capacity on behalf of the employer.   Qualifications for obtaining an assistant trainer's license shall be the same as those for a trainer's license.   A licensed assistant trainer shall assume the same duties and responsibilities as imposed on the holder of a trainer's license.   The licensed trainer shall be jointly responsible with the assistant trainer for all acts and omissions of such assistant trainer involving all racing matters.

(28) Horse registration papers may only be released from the race office to the licensed trainer of record.

History: 23-4-104, 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, 1982 MAR p. 684, Eff. 4/16/82; AMD, 1989 MAR p. 968, Eff. 7/28/89; AMD, 1992 MAR p. 315, Eff. 2/28/92; AMD, 1993 MAR p. 535, Eff. 4/16/93; 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 32.28.710, 2015 MAR p. 2252, Eff. 12/25/15.

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