The Federal Trade Commission has approved a voluminous set of new rules devised by the Horseracing Integrity and Safety Authority that includes provisions allowing HISA to block a track from sending its signal to out-of-state racing locations if the authority believes conditions are unsafe at the track. The ability to issue an immediate suspension of a racetrack’s accreditation is a standout among the batch of rules, which were submitted to the FTC last September after a months-long review of the regulations that HISA had been enforcing since its safety program went into effect in the summer of 2022. At the time the rules were submitted, HISA was overseeing probes into spates of horse deaths at three tracks, including Churchill Downs and Saratoga Race Course. Other prominent rules in the tranche approved by the FTC include new regulations on the voiding of claims and the injection of corticosteroids into fetlock joints. In addition, the rules create a new range of penalties for violations of whipping regulations, with many of the new penalties based on the size of the purse of the race. In an analysis of the rule changes on the FTC website, the FTC said that HISA shared drafts of the rule changes with dozens of racing constituencies beginning in March of last year and continuing through the submission of the changes in September 2023. The FTC said it received “voluminous comments” on the changes from “various stakeholders” during two public-comment periods. :: DRF's Belmont Stakes Headquarters: Contenders, latest news, and more Lisa Lazarus, the chief executive officer of HISA, said that the new rules will go into effect on July 8 and that HISA will launch a 30-day education campaign to inform racing participants of the changes. “We are committed to working closely with all industry participants during this transition period and beyond to ensure these new standards are fully understood and effectively implemented,” Lazarus said. Discussion over the ability of HISA to suspend a track’s operations arose last year in the wake of the deaths at Churchill, which drew widespread media attention. Some observers of racing called for HISA to have the power to shut tracks down in order to conduct reviews of conditions that might be creating higher than normal risks for horses. Under the new rules, HISA will be able to issue a “show-cause notice” to a racetrack of a provisional suspension of its accreditation “if the authority has reasonable grounds to believe that the conditions or operations of a racetrack present an imminent danger to the health, safety, or welfare” of horses or riders. The rule would then require HISA to conduct a hearing within three days of issuing the show-cause notice before issuing a suspension. “The sole issue to be determined at the provisional hearing is whether the racetrack's provisional suspension of accreditation shall go into immediate effect following the provisional hearing, be stayed pending a final hearing under this rule, or be withdrawn,” the FTC register states. The burden of proof will be on the authority to “demonstrate good cause” for the suspension, according to the register, and the hearing officers will be required to issue their opinion within seven days of the hearing. Racetracks will have the right to appeal the decision, with a second hearing held within 14 days. HISA has maintained that it does not have the right to order a racetrack to close, a power that is reserved for state racing commissions. However, it’s enabling legislation gives the authority control over accreditation, and a track that is not accredited cannot send its signal over state lines for wagering purposes. Other notable changes to the rules: * On the subject of voided claims, HISA will now be required to “promptly” inform a claimant if a horse tests positive for a controlled or banned substance after the race from which it was claimed. The claimants will then be given 48 hours to decide whether to void the claim. However, the claimant will not be able to void the claim if the horse has already made a start under the new owner or under certain other circumstances. If the claim is voided, a new rule will allow the claimant “to recover all sums paid, as well as reasonable expenses incurred for the care of the horse.” * The rules will now allow a horse to be entered under the existing “waiver claiming rule” for two consecutive races, rather than one. Under the waiver claiming rule, a horse that has been away from the races for a specified amount of time can be entered in a claiming race without the possibility of being claimed if it meets certain conditions. The new rule will allow for a second start in which a horse is ineligible to be claimed, also under certain conditions. *The new rules will prohibit a horse that has received an intra-articular corticosteroid injection into the fetlock joint from working within 14 days of the administration or running in a race within 30 days of the injection. :: DRF Belmont Stakes Packages: Save up to 52% on PPs, Clocker Reports, Betting Strategies, and more * The new rules will create five tiers for the penalties to be assessed for violations for excessive whip use, based on purse levels. On balance, the financial penalties have been reduced for races with purses below $9,000. * The rules codify an ongoing project by HISA to consolidate veterinary records, injury reports, and assessments of track conditions in a single database. HISA plans to use the database to better identify risk factors for horses. Under a separate section, the rules will require veterinarians to submit treatment reports to HISA when horses are treated outside of a licensed track or training center. * HISA will now have the ability to suspend a licensee’s registration, which would prevent the licensee from participating in any racing or training activities at tracks or training centers under HISA’s jurisdiction. Licensees would have the right to appeal the suspension. :: Want to learn more about handicapping and wagering? Check out DRF's Handicapping 101 and Wagering 101 pages.