11/14/07 N.Y. St. Reg. RWB-31-07-00009-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 4117.2(c) of Title 9 NYCRR.
Statutory authority:
Racing, Part-Mutuel Wagering and Breeding Law, sections 101 and 301
Subject:
Horse's failure to finish a race in harness racing.
Purpose:
To amend the board's rule, specifically sections 4117.2, subdivision (c), as it pertains to a horses failure to finish in a harness race. The existing rule fails to take into consideration that a horse may not finish a harness race as a result of a break from its gait. To allow judges to determine the appropriate order of finish should a horse break from its gait, and to eliminate any confusion for the judges, horsemen and betting public, the proposed amendment to 9E NYCRR 4117.2(c) is being offered. The proposed amendments seek to clarify and eliminate the confusion of this process for the presiding judges, their designees and the horsemen. This rule is necessary for the safety of the drivers, who can now seek a safe inside a clearance rather that attempt to veer right as they try to find clearance. This rule will benefit the betting public by allowing their horse to remain in a race than suffer disqualification. The rule is beneficial to overall racing because a horse that has broken gait will have a clear course of refuge and won't become a disruption to other contending horses. Finally, public confidence in part-mutuel wagering will be maintained because judges will be allowed to make common sense determination as to order of finish based on common sense principals shared with the betting public, rather than be bound by over-restrictive rules that cannot address every possible circumstance during the course of a harness race.
Text or summary was published
in the notice of proposed rule making, I.D. No. RWB-31-07-00009-P, Issue of August 1, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Gail Pronti, Secretary to the Board, Racing and Wagering Board, One Broadway Center, Suite 600, Schenectady, NY 12305-2553, (518) 395-5400, e-mail:
info@racing.state.ny.usAssessment of Public Comment
The agency received no public comment.
