NEW DEFINITION 	

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of a new Immediate Family definition of Colorado Racing Commission Rules is to define associated person for the purpose of interpreting specific newly proposed amended rules and regulations.
	
ASSOCIATED PERSON - ASSOCIATED PERSON MEANS THE SPOUSE OF AN INACTIVE PERSON, OR A COMPANION, FAMILY MEMBER, EMPLOYER, EMPLOYEE, AGENT, PARTNERSHIP, PARTNER, CORPORATION, OR OTHER ENTITY WHOSE RELATIONSHIP, WHETHER FINANCIAL OR OTHERWISE, WITH AN INACTIVE PERSON WOULD GIVE THE APPEARANCE THAT SUCH OTHER PERSON OR ENTITY WOULD CARE FOR OR TRAIN A HORSE OR PERFORM VETERINARIAN SERVICES ON A HORSE FOR THE BENEFIT, CREDIT, REPUTATION, OR SATISFACTION OF THE INACTIVE PERSON.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of a new Traction Device definition of Colorado Racing Commission Rules is to define traction device for the purpose of interpreting specific rules and regulations.

TRACTION DEVICE - IS ANY MODIFICATION OR ISOLATED DEVICE THAT EXTENDS BELOW THE GROUND BEARING PLANE OF THE HORSESHOE (E.G. TRACTION NAILS, TOE GRABS, TURNDOWNS, BLOCKED HEELS, JAR CALKS, STICKERS AND MEMPHIS BARS) OR RESTRICTS THE NATURAL FORWARD SLIDE OF THE HOOF UPON IMPACT.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule #3.402 of Colorado Racing Commission Rules is to further define the safety equipment requirements for a Licensee to protect the individual during training and racing as published in the Association of Racing Commissioners (ARCI) Model Rules document which is recognized as an industry standard by the Colorado Racing Commission.  

Original Rule
3.402 - All owners, trainers, jockeys, exercise persons, pony persons and outriders shall wear a safety helmet of the type approved by the Commission, and all jockeys shall wear a safety vest of the type approved by the Commission, when they are performing their duties on a horse racetrack.
Modified Rule
3.402 - All owners, trainers, jockeys, exercise persons, pony persons and outriders shall wear a safety helmet Any licensee mounted on a horse or stable pony on association grounds must wear a properly secured safety helmet at all times. The licensee is responsible for providing sufficient evidence that his/her helmet meeting one of the following safety standards: 

(a) American Society for Testing and Materials (ASTM 1163);

(b) UK Standards (EN-1384 and PAS-015); or, 

(c) Australian/New Zealand Standard (AS/NZ 3838).  of the type approved by the Commission, 

Any person mounted on a horse or stable pony on the association racing surface, all assistant starters and anyone handling a horse in a starting gate must wear a safety vest at all times. The safety vest must comply with one of the following minimum standards: 

(a)	British Equestrian Trade Association (BETA):2000 Level 1;
(b)	(b) Euro Norm (EN) 13158:2000 Level 1; 
(c) American Society for Testing and Materials (ASTM) F2681-08; 
(d) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or, 
(e) Australian Racing Board (ARB) Standard 1.1998.
 
and all jockeys shall wear a safety vest of the type approved by the Commission, when they are performing their duties on a horse racetrack.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of new rule #3.508 of Colorado Racing Commission Rules is to define the continuing education requirements for a current licensed trainer to ensure the individual is competent and up to date on current rules and issues in the racing industry as approved by the Association of Racing Commissioners (ARCI) Model Rules Committee which is recognized as an industry standard by the Colorado Racing Commission.  

Proposed New Rule

3.508 – BEGINNING NO LATER THAN JANUARY 31, 2012, IN ORDER TO MAINTAIN A CURRENT LICENSE, TRAINERS MUST COMPLETE AT LEAST FOUR (4) HOURS PER CALENDAR YEAR OF CONTINUING EDUCATION COURSES APPROVED BY THE COMMISSION OR THE ARCI. 

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule #3.638 of Colorado Racing Commission Rules is to remove the restriction of a Jockey to ride the horse in which the their spouse is an owner and/or trainer.  

Original Rule
3.638 – A jockey may not ride against a contract employer, nor shall a jockey whose spouse is an owner and/or trainer be permitted to rider another horse in a race in which the spouse has a horse entered.  This rule does not apply to jockeys qualifying horses in trial races or riding in a stakes race.

Amended Rule

3.638 – A jockey may not ride against a contract employer,. nor shall a jockey whose spouse is an owner and/or trainer be permitted to rider another horse in a race in which the spouse has a horse entered.  This rule does not apply to jockeys qualifying horses in trial races or riding in a stakes race.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule #5.317 of Colorado Racing Commission Rules is to amend the rule by allowing horses to participate on Furosemide for non-bleeders and removing the use of the Furosemide list.

Original Rule
5.317 – Furosemide may be administered intravenously to a horse, which is entered to compete in a race.  Except under the instructions of the Division veterinarian or the racing veterinarian for the purpose of removing a horse from the veterinarian’s list or to facilitate the collection of a post-race urine sample, Furosemide shall be permitted only after the Division veterinarian has placed the horse on the Furosemide list.  In order for a horse to be placed on the Furosemide list, the following process must be followed.  

1:	If the horse has participated on Furosemide in its previous start and is not a certified bleeder, such horse will be automatically added by the Division veterinarian to the Furosemide list for the current race meet.
2:	After the horse’s licensed trainer and licensed veterinarian determine that it would be in the horse’s best interests to race with Furosemide for the first time or after a layoff from the use of Furosemide, they shall notify the Division veterinarian or his/her designee, using the prescribed form, that they wish the horse to be put on the Furosemide list.  A horse placed on the official Furosemide list must remain on that list unless the licensed trainer and licensed veterinarian submit a written request to remove the horse from the list.  The request must be made to the Division veterinarian or his/her designee, on the proper form, no later than the time of entry.
3:	Furosemide shall be administered only on Association grounds.

4:	Upon the request of the Division representative, the veterinarian administering the authorized bleeder medication shall surrender the syringe used to administer such medication, which may then be submitted for testing.

Amended Rule
5.317 – Furosemide may be administered intravenously to a horse, which is entered to compete in a race.  Except under the instructions of the Division veterinarian or the racing veterinarian for the purpose of removing a horse from the veterinarian’s list or to facilitate the collection of a post-race urine sample,. Furosemide shall be permitted only after the Division veterinarian has placed the horse on the Furosemide list.  In order for a horse TO BE ALLOWED TO PARTICIPATE IN A RACE ON FUROSEMIDE to be placed on the Furosemide list, the following process must be followed.  

1:	A HORSE SHALL BE ENTERED PROPERLY TO PARTICIPATE ON FUROSEMIDE AND THEN If the horse has participated on Furosemide in its previous start and is not a certified bleeder, such horse will be automatically added by the Division veterinarian to the DIVISION TEST BARN MEDICATION DATABASE Furosemide list for the current race meet.  ALL FIRST TIME USAGE OF FUROSEMIDE BY HORSES PARTICIPATING IN A RACE SHALL BE DESIGNATED PROPERLY IN THE OFFICIAL PROGRAM.  THE DIVISION VETERINARIAN AND THE BOARD OF STEWARDS SHALL MONITOR THE USAGE AND DISCONTINUANCE OF THE ADMINISTRATION OF FURSOMIDE DURING THE CURRENT RACE MEET FOR ALL NON-BLEEDERS.  

2:	After the horse’s licensed trainer and licensed veterinarian determine that it would be in the horse’s best interests to race with Furosemide for the first time or after a layoff from the use of Furosemide, they shall notify the Division veterinarian or his/her designee, using the prescribed form, that they wish the horse to be put on the Furosemide list.  A horse placed on the official Furosemide list must remain on that list unless the licensed trainer and licensed veterinarian submit a written request to remove the horse from the list.  The request must be made to the Division veterinarian or his/her designee, on the proper form, no later than the time of entry.
3:2:Furosemide shall be administered only on Association grounds.
4:3:Upon the request of the Division representative, the veterinarian administering the authorized bleeder medication shall surrender the syringe used to administer such medication, which may then be submitted for testing.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the addition of language to the Colorado Racing Commission Rules is to clarify a long-established interpretation of "unplaced for every purpose." 

Original Rule

5.502 - The trainer shall be responsible for and the absolute insurer of the condition of the animals entered for his or her kennel/stable regardless of the acts of third parties except as provided in these rules.  If the chemical analysis of a sample indicates the presence of an unauthorized drug or medication regardless of the effect on the racing condition or the performance of an animal in a race, the trainer of the animal and any other person shown to have care or attendance of the animal or shown to have administered or conspired to have administered the drug are subject to disciplinary action. The owner of the animal shall not participate in the purse distribution of that race, a redistribution of that purse shall be ordered, and the animal shall be declared unplaced for every purpose except for pari-mutuel wagering and the grading system as it pertains to greyhound racing. A trophy received by the owner of the animal shall be returned.

Amended Rule

	5.502 - The trainer shall be responsible for and the absolute insurer of the condition of the animals entered for his or her kennel/stable regardless of the acts of third parties except as provided in these rules.  If the chemical analysis of a sample indicates the presence of an unauthorized drug or medication regardless of the effect on the racing condition or the performance of an animal in a race, the trainer of the animal and any other person shown to have care or attendance of the animal or shown to have administered or conspired to have administered the drug are subject to disciplinary action. The owner of the animal shall not participate in the purse distribution of that race, a redistribution of that purse shall be ordered, and the animal shall be declared unplaced for every purpose except for pari-mutuel wagering and the grading system as it pertains to greyhound racing. "UNPLACED FOR EVERY PURPOSE" MEANS ANY PLACEMENT BASED UPON THE RACE WOULD BE DECLARED INVALID AND THE PURSE OR PRIZE FOR ANY SUCH RACE WOULD BE RETURNED.  "UNPLACED FOR EVERY PURPOSE" INCLUDES, BUT IS NOT LIMITED TO, ANY PLACEMENT, PURSES OR PRIZES THAT AN OWNER MAY HAVE EARNED IN SUBSEQUENT RACES, WHERE THE PRESENCE OF UNAUTHORIZED MEDICATION WAS FOUND.  A trophy received by the owner of the animal shall be returned.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the addition of language to the Colorado Racing Commission Rules is to amend the rulebook by adding a Penalties heading to identify this subsection of new rules under Trainer Responsibility.

New Header 
PENALTIES

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of new rule #5.503 of Colorado Racing Commission Rules is to further define the penalty sanctions for the use of unauthorized medication.

Rule 5.503 
(1)	In issuing penalties against individuals found guilty of medication and drug violations, a regulatory distinction shall be made between the detection of therapeutic medications used routinely to treat racehorses and those drugs that have no reason to be found at any concentration in the test sample on race day.
(2) 	The stewards or the commission will use the Racing Medication and Testing Consortium’s penalty category and schedule as a starting place in the penalty stage of the deliberations for a rule violation for any drug listed in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances. 
(3)  	If a licensed veterinarian is administering or prescribing a drug not listed in the RCI Uniform Classification Guide lines for Foreign Substances or shown in the RMTC Penalty Guideline Listing, the identity of the drug shall be forwarded to the official veterinarian to be forwarded to the Racing Medication and Testing Consortium for classification.
(4) 	Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not classified in the most current RCI Uniform Classification Guidelines for Foreign Substances shall be assumed to be a RCI Class 1 Drug and the trainer and owner shall be subject to those penalties as set forth in schedule “A” unless satisfactorily demonstrated otherwise by the Racing Medication and Testing Consortium, with a penalty category assigned. 
(5) 	The penalty categories and their related schedules, if applicable, shall be on the following criteria:
(a) Whether the drug is approved by the U.S. Food and Drug Administration for use in the horse;
(b) Whether the drug is approved by the U.S. Food and Drug Administration for use in any species;
(c) Whether the drug has any legitimate therapeutic application in the equine athlete;
(d) Whether the drug was identified as “necessary” by the RMTC Veterinary Advisory Committee;
(e)  Whether legitimate, recognized therapeutic alternatives exist, and;
(f)  The current RCI Classification of the drug.
The penalty categories “A”, “B” and “C” and their related schedules for Trainers and Owners are shown in the following tables. 

The following are recommended penalties for violations due to the presence of a drug carrying a Category “A” penalty and for violations of ARCI-011-015: Prohibited Practices:

LICENSED TRAINER:	
1st offense	2nd  LIFETIME offense in any jurisdiction	3rd LIFETIME offense in any jurisdiction	
◦   Minimum one-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three-year suspension.
AND	◦   Minimum three-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a three-year period.
AND	◦   Minimum five-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a five-year period.
AND	
◦   Minimum fine of $10,000 or 10% of total  purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $25,000 or 25% of purse (greater of the two).
AND	◦   Minimum fine of $25,000 or 25% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $50,000 or 50% of purse (greater of the two).
AND	◦   Minimum fine of $50,000 or 50% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000 or 100% of purse (greater of the two).
AND	
◦   May be referred to the Commission for any further action deemed necessary by the Commission.	◦   May be referred to the Commission for any further action deemed necessary by the Commission.	◦   May be referred to the Commission for any further action deemed necessary by the Commission.	
LICENSED OWNER:	
1st offense	2nd  LIFETIME offense in owner’s stable in any jurisdiction	3rd LIFETIME offense in owner’s stable in any jurisdiction	
◦   Disqualification and loss of purse.
AND	◦   Disqualification and loss of purse.
AND	◦   Disqualification, loss of purse and $50,000 fine.
AND
	
◦   Horse shall be placed on the veterinarian’s list for 90 days and must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 120 days and must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 180 days and must pass a commission-approved examination before becoming eligible to be entered.
AND	
		◦   Referral to the Commission with a recommendation of a suspension for a minimum of 90 days.	
The following are recommended penalties for violations due to the presence of a drug carrying Category “B” penalty, for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions set forth in ARCI-011-020 E.(1)(c) and for violations of the established levels for total carbon dioxide:

LICENSED TRAINER:	
1st offense	2nd offense (365-day period) in any jurisdiction	3rd offense (365-day period) in any jurisdiction	
◦   Minimum 15-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension.
AND	◦   Minimum 30-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension.
AND	◦   Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one-year suspension.
AND	
◦   Minimum fine of $500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $1,000.
	◦   Minimum fine of $1,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $2,500.
	◦   Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $5,000 or 5% of purse (greater of the two).
AND	
		◦   May be referred to the Commission for any further action deemed necessary by the Commission.	
LICENSED OWNER:	
1st offense	2nd  offense in stable (365-day period) in any jurisdiction	3rd offense in stable (365-day period) in any jurisdiction	
◦   Disqualification and loss of purse [in the absence of mitigating circumstances]*.
AND	◦   Disqualification and loss of purse [in the absence of mitigating circumstances]*.
AND	◦   Disqualification and loss of purse, and in the absence of mitigating circumstances a $5,000 fine.*
AND	
◦   Horse must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.	

* (The RMTC recommendation called for loss of purse to happen in absence of mitigating circumstances the Joint Model Rules Committee has made loss of purse mandatory in their proposal)

The following are recommended penalties for violations due to the presence of a drug carrying a Category “C” penalty and overages for permitted NSAIDs and furosemide: (All concentrations are for measurements in serum or plasma.)

LICENSED TRAINER	Phenylbutazone (5.1-9.9 mcg/ml)
Flunixin (21-99 ng/ml)
Ketoprofen (11-49 ng/ml)
Furosemide (>100 ng/ml) and
no furosemide when identified as administered**	Phenylbutazone (≥10.0 mcg/ml)
Flunxin (≥100 ng/ml)
Ketoprofen (≥50 ng/ml) and
CLASS C Violations	
1st Offense (365-day period) in any jurisdiction	Minimum fine of $250 absent mitigating circumstances
	Minimum fine of $500 absent mitigating circumstances	
2nd Offense (365-day period) in any jurisdiction	Minimum fine of $500 absent mitigating circumstances
	Minimum fine of $1,000 and 15-day suspension absent mitigating circumstances	
3rd Offense (365-day period) in any jurisdiction	Minimum fine of $1,000 and 15-day suspension absent mitigating circumstances 	Minimum fine of $2,500 and 30-day suspension absent mitigating circumstances	
LICENSED OWNER	Phenylbutazone (5.1-9.9 mcg/ml)
Flunixin (21-99 ng/ml)
Ketoprofen (11-49 ng/ml)
Furosemide (>100 ng/ml) and
no furosemide when identified as administered**	Phenylbutazone (≥10.0 mcg/ml)
Flunixin (≥100 ng/ml)
Ketoprofen (≥50 ng/ml) AND
CLASS C VIOLATIONS	
1st Offense (365-day period) in any jurisdiction		Loss of purse. Horse must pass commission-approved examination before being eligible to run	
2nd Offense (365-day period) in any jurisdiction		Loss of purse. If same horse, placed on veterinarian’s list for 45 days, must pass commission-approved examination before being eligible to run	
3rd Offense (365-day period) in any jurisdiction		Loss of purse. Minimum $5,000 fine. If same horse, placed on veterinarian’s list for 60 days, must pass commission-approved examination before being eligible to run	

(6)	The recommended penalty for a violation involving a drug that carries a Category “D” penalty is a written warning to the trainer and owner.  Multiple violations may result in fines and/or suspensions
(7)	Any licensee of the commission, including veterinarians, found to be responsible for the improper or intentional administration of any drug resulting in a positive test may, after proper notice and hearing, be subject to the same penalties set forth for the licensed trainer.
(8)	The licensed owner, veterinarian or any other licensed party involved in a positive laboratory finding shall be notified in writing of the hearing and any resulting action.  In addition their presence may be required at any and all hearings relative to the case.
(9)	Any veterinarian found to be involved in the administration of any drug carrying the penalty category of “A” shall be referred to the State Licensing Board of Veterinary Medicine for consideration of further disciplinary action and/or license revocation.  This is in addition to any penalties issued by the stewards or the commission.
(10)	Any person who the stewards or the commission believe may have committed acts in violation of criminal statutes may be referred to the appropriate law enforcement agency.  Administrative action taken by the stewards or the commission in no way prohibits a prosecution for criminal acts committed, nor does a potential criminal prosecution stall administrative action by the stewards or the commission.
Procedures shall be established to ensure that a licensed trainer is not able to benefit financially during the period for which the individual has been suspended.  This includes, but is not limited to, ensuring that horses are not transferred to licensed family members.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule #5.612 of Colorado Racing Commission Rule is to amend and update the authority that the Commission, Board of Stewards and Hearing Officer shall have over a horse that tests positive for an unauthorized medication and the define further the sanctions that may be imposed.

Current Rule
5.612 - Any horse that has run a race after being administered any unauthorized medication, as determined by the stewards, a hearing officer, or the Commission, may be placed on the veterinarian’s list for a period to be determined by the Division veterinarian. During the time the horse is on the list, it shall be required to work at least one (1) official published workout witnessed by the Division veterinarian or a veterinarian approved by the Commission for such purpose to verify that the horse can perform satisfactorily without the use of unauthorized medications. The Division veterinarian and/or stewards may require that blood and/or urine samples be collected and analyzed prior to the horse’s next entry.
Amended Rule
5.612 - Any horse FROM WHICH A POSITIVE TEST SAMPLE WAS COLLECTED AND CONFIRMED BY THE COMMISSION’S PRIMARY TESTING LABORATORY that has run a race after being administered any unauthorized medication, as determined by the stewards, a hearing officer, or the Commission, SHALL may be placed on the veterinarian’s list AND MUST PASS A COMMISSION-APPROVED EXAMINATION BEFORE BECOMING ELIGIBLE FOR ENTRY. for a period to be determined by the Division veterinarian.   During the time the horse is on the list, it shall be required to work at least one (1) official published workout witnessed by the Division veterinarian or a veterinarian approved by the Commission for such purpose to verify that the horse can perform satisfactorily without the use of unauthorized medications.  During the time the horse is on the list, it shall be required to work at least one (1) official published workout witnessed by the Division veterinarian or a veterinarian approved by the Commission for such purpose to verify that the horse can perform satisfactorily without the use of unauthorized medications. SUBSEQUENT LABORATORY TESTING THAT MAY BE REQUIRED IN THE APPROVED EXAMINATION PROCESS SHALL BE AT THE EXPENSE OF THE OWNER OR TRAINER OF THE HORSE.   ANY HORSE FROM WHICH A POSITIVE TEST SAMPLE WAS COLLECTED AND CONFIRMED BY THE COMMISSION’S PRIMARY TESTING LABORATORY IN THE INITIAL SAMPLE TEST OR IN ANY REQUIRED SUBSEQUENT LABORATORY TESTING MAY ALSO BE SUBJECT TO DISCIPLINARY ACTION BY THE STEWARDS, A HEARING OFFICER, OR THE COMMISSION The Division veterinarian and/or stewards may require that blood and/or urine samples be collected and analyzed prior to the horse’s next entry.  THIS SHALL NOT APPLY TO AN OVERAGE OF AN AUTHORIZED MEDICATION WHERE THE VIOLATION WOULD NOT RESULT IN A LOSS OF PURSE PURSUANT TO RULES 5.312 AND 5.326.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule 6.704 of Colorado Racing Commission Rules is to amend the rule to disallow a licensed owner to transfer ownership of an animal to an associated person if the licensee is under suspension or revocation by the Board, Hearing Officer or Commission. 

Original Rule
6.704 ‑ Whenever the license of an owner is revoked or suspended every animal owned in whole or in part by the owner shall be ineligible to be entered or to start in any race while the disciplinary action is in effect unless the ownership of the animal has been transferred through a bona fide sale to a licensed owner in good standing.
Amended Rule
6.704 ‑ Whenever the license of an owner is revoked or suspended every animal owned in whole or in part by the owner shall be ineligible to be entered or to start in any race while the disciplinary action is in effect unless the ownership of the animal has been transferred through a bona fide sale to a licensed owner in good standing WHO IS NOT AN ASSOCIATED PERSON AS DEFINED OR HAS PROVIDED PROOF SATISFACTORY TO THE STEWARDS THAT NO ASSOCIATION EXISTS.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of amended rule 6.706 of Colorado Racing Commission Rules is to amend the rule to disallow a licensed owner to transfer trainership of an animal to an associated person if the licensee is under suspension or revocation by the Board, Hearing Officer or Commission. 

Original Rule
6.706 ‑ Whenever the license of a trainer is suspended or revoked every animal which is under the trainer’s care shall be ineligible to be entered or to start in any race while the disciplinary action is in effect unless care of the animal has been transferred to a licensed trainer in good standing.

Amended Rule
6.706 ‑ Whenever the license of a trainer is suspended or revoked every animal which is under the trainer’s care shall be ineligible to be entered or to start in any race while the disciplinary action is in effect unless care of the animal has been transferred to a licensed trainer in good standing WHO IS NOT AN ASSOCIATED PERSON AS DEFINED OR HAS PROVIDED PROOF SATISFACTORY TO THE STEWARDS THAT NO ASSOCIATION EXISTS.

STATEMENT OF STATUTORY AUTHORITY, BASIS AND PURPOSE:
The statutory authority for the adoption of rules is C.R.S. 12-60-503(1). The basis and purpose for the adoption of new rule 7.108 of Colorado Racing Commission Rules is to further enforce the eligibility requirements for horses that nominate for stakes races.

New rule
7.108 – EITHER SPECIAL CONDITIONS ON ELIGIBILITY WHICH HAVE BEEN OFFICIALLY ADOPTED BY THE RELEVANT HORSEMEN’S ASSOCIATION OR RACING ASSOCIATION FOR ANY STAKE OR TRIAL RACE ENTRY FORM, OR SPECIFIC CONDITIONS SET FORTH IN THE RACING CONDITION BOOK THAT WERE IN PLACE AT THE TIME OF NOMINATION OR ENTRY, SHALL OVERRIDE ANY RACING RULES DETERMINING ELIGIBILITY TO RUN IN ALL RACES RUN IN CONJUNCTION WITH THAT ENTRY OR CONDITION, INCLUDING BUT NOT LIMITED TO THE FINALS, UNLESS THE DIVISION DIRECTOR DETERMINES THAT SUCH A SPECIAL OR SPECIFIC CONDITIONS SUBJECT TO THIS RULE IS CONTRARY TO THE PUBLIC INTEREST.