Idaho Administrative Code — Police, Idaho State

IDAPA 11 Police, Idaho State

11.07.03 Rules Governing Emergency Vehicles/Authorized Emergency Vehicles

IDAPA 11.07.03.000 Legal Authority

These rules are promulgated pursuant to the authority granted to the Idaho State Police pursuant to Section 67-2901, Id aho Code.(7-1-24)

IDAPA 11.07.03.001 Scope

The rules apply to emergency vehicles/authorized emergency vehicles under the jurisdiction of the Idaho State Police.

They do no t pertain to emergency vehicles as defined by Section 49-123, Idaho Code.(7-1-24)

IDAPA 11.07.03.002 (Reserved)

IDAPA 11.07.03.010 Definitions

In addition to the definitions in Title 49, Chapter 1, Idaho Code, the following definition applies to this chapter.

01.Limited Authorized Vehicle. A vehicle to which a limited authorization is issued by the Director for limited emergency uses as defined by the Director upon agreement with an applicant under terms specified therein.(7-1-24)

IDAPA 11.07.03.011 Purpose

The purpose of this chapter is to specify a p rocedure to be followed to obtain approval for authorized emergency vehicles pursuant to Section 49-218, Idaho Code.(7-1-24)

IDAPA 11.07.03.012 Authorization Requirements

01.General.

Any person, corporation, or municipal corporation, desiring to have a vehicle registered as an authorized emergency vehicle, pursuant to Section 49-218, Idaho Code, must apply for authorization by submitting a request to the Director that include the following:

a.A description of:(7-1-24)

i.The specific geographic area and purpose(s) for which the vehicle will be used;(7-1-24)

ii.The emergency vehicle listing year, make, model, vehicle identification number and license plate number; and(7-1-24)

iii.The lighting equipment and horns or warning devices to be used.(7-1-24)

b.Written documentation indicating the vehicle will have radio communications between a central dispatch location and, when applicable, between other emergency vehicles.(7-1-24)

c.Current certificate of liability and property damage insurance executed by an insurer authorized to transact insurance with notice of renewal being filed with the Director. The certificate must show expiration date, liability (single event and aggregate) and property damage coverage. The certificate of liability and property damage insurance must be carried in the limited authorized emergency vehicle and displayed upon the request of any law enforcement officer.(7-1-24)

d.An explanation of the nature and the scope of the duties, responsibilities and the authority of the vehicle driver which necessitates the vehicle’s registration as an authorized emergency vehicle.(7-1-24)

e.A list of the names, addresses, and birthdates of all persons who use the vehicle as an authorized emergency vehicle.(7-1-24)

f.Written documentation as to the emergency vehicle driving courses and hours of instruction completed by each driver.(7-1-24)

g.A recommendation by the chief law enforcement officer or fire chief, if the vehicle is to be used for firefighting purposes, of each jurisdiction in which the vehicle is to be used stating that a need exists in said jurisdiction for the vehicle to be used as described in the application.(7-1-24)

IDAPA 11.07.03.013 Limited Authorized Emergency Vehicle

01.Application. Any person, firm, corporation, or municipal corporation, desiring to have a vehicle registered as a limited authorized emergency vehicle must apply for authorization to the Director on forms provided by the department that provides:(7-1-24)

a.A description of the emergency vehicle including the year, make, model, vehicle identification number and license plate number.(7-1-24)

b.A description of the emergency lighting equipment to be used on the emergency vehicle. in conformance with Section 49-623(3), Idaho Code, and Section 49-910A, Idaho Code.(7-1-24)

02.Requirements for Driver. Each driver of an authorized emergency vehicle must:(7-1-24)

a.Be eighteen (18) years of age or older and have valid driving privileges; and(7-1-24)

b.Not have been convicted in any court within three (3) years of an offense of driving under the influence, reckless driving, failure to stop or report an accident, or any other conviction that the Director may deem a disqualifier.(7-1-24)

IDAPA 11.07.03.014 Authorization Limitations

01.Durations.

The authorization provided by the Director will be valid for one (1) year, will expire on June 30 of each subsequent year, and may be renewed prior to the expiration date.(7-1-24)

02.Restrictions. An authorized emergency vehicle may be used for the purposes set forth in the application:(7-1-24)

a.By the driver(s) named on the application.(7-1-24)

b.With the equipment described in the application.(7-1-24)

c.Within the geographical area described in the application.(7-1-24)

03.Limited Restriction. A limited authorized emergency vehicle may not be used except:(7-1-24)

a.Where a lane of traffic is obstructed or at the discretion of a peace officer, it may display a red, flashing light.(7-1-24)

b.To gain access to accident or emergency scenes, it may use interstate system emergency crossovers, provided such usage is done in a safe manner.(7-1-24)

04.Revocation. It is unlawful and cause for immediate revocation of the limited authorization if red lights are used while traveling to or from an incident or an emergency or for any reason not described herein.

IDAPA 11.07.03.015 (Reserved)

IDAPA 11.07.03.021 Procedure

01.Approval. If the Director approves the application, he may issue a certificate of approval which is valid for thirty (30) days, during which time the emergency equipment may be installed. After installation of the emergency equipment, the applicant must bring the vehicle to a district office of the Idaho State Police to be examined to determine if the equipment is of an approved type and is properly mounted. An Idaho State Police trooper must certify the results of this examination on a form prescribed and provided by the department, and the applicant must file the form with the Idaho State Police.(7-1-24)

02.Violation. Violation of any of the Rules is grounds for suspension or revocation of the authorized emergency vehicle agreement or limited authorized emergency vehicle agreement without prior written notice or opportunity for hearing.(7-1-24)

03.Authorization. Any authorization may be terminated at any time without cause or prior written notice or opportunity for hearing by the Director or his designated representative.(7-1-24)

04.Copy. A copy of the authorized emergency vehicle certificate approved by the Director or limited authorization certificate approved by the Director must be carried in each authorized vehicle and shown to any peace officer upon request.(7-1-24)

IDAPA 11.07.03.022 (Reserved)

11.06.01 Rules Governing Civil Asset Forfeiture Reporting

IDAPA 11.06.01.000 Legal Authority

Section 37-2744, Idaho Code.(7-1-26)

IDAPA 11.06.01.001 Scope

These rules concern the civil asset forfeitu re reporting form that the Idaho State Police is required to promulgate.

(7-1-26)

IDAPA 11.06.01.002 Incorporation by Reference

The following is incorporated by reference in th is chapter of rules:(3-23-22)

01.Idaho Civil Asset Forfeiture Reporting Form. As adopted August 1, 2024, this Civil Asset Forfeiture Reporting Form is available on the Internet at https://isp.idaho.gov/districts/district-forms.(7-1-26)

IDAPA 11.06.01.003 (Reserved)

11.04.01 Rules Governing the Idaho State Racing Commission

IDAPA 11.04.01.000 Legal Authority

This chapter is adopted pursuant to the legal authority of Title 54, Chapter 25, of the Idaho Code.(7-1-24)

IDAPA 11.04.01.001 Scope

These rules govern the Idaho State Racing Commission, the definitions defined govern the Idaho State Racing Commiss ion, the licensing procedures and the fees charged for licenses by the Idaho State Racing Commission, the controlled substance and alcohol testing of licensees and applicants by the Idaho State Racing Commission, the disciplinary hearings and appeals in the State of Idaho, the conduct and licensing of racing associations, govern the Racing Officials of the Idaho State Racing Commission, govern the conduct of Owners, Trainers, Authorized Agents, Jockeys, Apprentice Jockeys, and Jockey Agents in Idaho, governs the practices of veterinarians licensed by the Racing Commission, permitted medication of horses and drug testing of horses by the Idaho State Racing Commission, rules govern the running of live horse races in Idaho, describes the procedures and requirements for the claiming of horses and the conduct of claiming races, govern Pari-mutuel wagering in the State of Idaho, regulate simulcasting within Idaho and all aspects of simulcasting, and rules governing advanced deposit wagering in Idaho.

IDAPA 11.04.01.002 (Reserved)

SUB AREA A1: RULES GOVERNING THE IDAHO STATE RACING COMMISSION

(Sections 005-019)

IDAPA 11.04.01.005 General Authority

01.Racing Commission to Regulate Races and Participation.

The Racing Commission will regulate each race meet and the persons who participate in each race meet.(7-1-24)

02.Racing Commission to Regulate Simulcast and Advance Deposit Wagering. The Racing Commission will license and regulate all simulcast operators and activities and advance deposit wagering and activities.(7-1-24)

IDAPA 11.04.01.006 Costs and Annual Report

01.Audited and Approved.

Costs necessary to administer the Racing Commission will be audited and approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.007 Meetings

The Racing Commission will meet at the call of the chair or a majority of the members, or as otherwise provided by statute. Notice of the meetings will be given and the meetings conducted in accordance with Idaho’s Open Meeting Act, Section 67-2340 through 67-2347, Idaho Code.(7-1-24)

IDAPA 11.04.01.008 Horsemen's Group

For purposes of these rules, whichever group was the recognized horsemen's group in 2004 is hereby designated as the existing horsemen's group.(7-1-24)

01.Decertifying an Existing Horsemen's Group - Notice of Intent and Petition. Upon the filing with the Racing Commission of a notice of intent to decertify an existing horsemen's group by an alternate horsemen's group, the alternate horsemen's group has no more than six (6) months from the date of filing to acquire, on a petition, the signatures of twenty-five percent (25%) of the existing horsemen's group's licensed members.

a.Contents of Notice. The notice of intent needs to contain the following:(7-1-24)

i.The name of the alternate horsemen's group;(7-1-24)

ii.The names of the principals of the horsemen's group;(7-1-24)

iii.The date of filing;(7-1-24)

iv.The articles of incorporation and bylaws; and(7-1-24)

v.A copy of the petition as it will be circulated.(7-1-24)

b.No more than one (1) petition by any alternate horsemen's group to decertify an existing horsemen's group will be circulated at any given time.(7-1-24)

c.In addition, the alternate horsemen's group must submit the names of a minimum of fifty (50) members who are Idaho licensed owners or trainers.(7-1-24)

02.Racing Commission’s Receipt of Petition. Upon receipt of a petition that meets the criteria set forth in Subsection of these rules, the Racing Commission will consider the petition and will validate the signatures found on said petition. Validation includes, but is not limited to, verification of current Idaho licensed owners and trainers and signature verification.(7-1-24)

a.If the validated signatures do not meet the requirements of these rules, the Racing Commission will notify the alternate and the existing horsemen's groups that no further action will be taken on the petition.(7-1-24)

03.Validating Signatures, Setting of Election Date, Conducting an Election.(7-1-24)

a.If the validated signatures are found to meet these requirements, the Racing Commission will set the date for the election prior to the next regularly scheduled meeting.(7-1-24)

b.A representative of the alternate horsemen's group must appear to answer any questions at the meeting at which signatures are validated.(7-1-24)

c.The existing horseman's group must conduct an election among the licensed members and report the results to the Racing Commission.(7-1-24)

d.A deciding vote of fifty percent plus one (50% + 1) of the ballots returned must be used to determine the one organization to be recognized as the horsemen's group, absent clear and convincing evidence that the election was fraudulent.(7-1-24)

04.Good Cause. Except for good cause, the Racing Commission will not conduct an election within eighteen (18) months of a prior election among the existing group's licensed members.(7-1-24)

IDAPA 11.04.01.009 (Reserved)

IDAPA 11.04.01.010 Prohibited Acts

The Commissioners and Racing Commission employees cannot:(7-1-24)

Financial Interest. Own a financial interest in a racing association or simulcast operation located in Idaho.(7-1-24)

02.Accept Remuneration. Accept remuneration from a racing association or simulcast operation located in Idaho.(7-1-24)

03.Owner, Lessor or Lessee. Be an owner, lessor or lessee of a horse or a mule that is entered in a race at a licensed race meet in Idaho.(7-1-24)

04.Wager. Commissioners and Racing Commission employees cannot wager in any pari-mutuel pool at any facility or through any pari-mutuel system in the State of Idaho.(7-1-24)

IDAPA 11.04.01.011 Power of Entry

Members of the Racing Commission will have the right to ent er and inspect any part of the grounds and facilities of the racing association or simulcast operator.(7-1-24)

IDAPA 11.04.01.012 Exclusion

The Racing Commission may order an individual excluded from all or part of any racing association or simulcast operator’s groun ds under the statutory jurisdiction of the Racing Commission if the Board of Stewards or judges or Business Operations Manager, or ISP designee of the Racing Commission determine that:(7-1-24)

01.Deemed to Be Detrimental. The individual is deemed to be detrimental to the best interest of racing or is in violation of Section 54-2509, Idaho Code, or these rules.(7-1-24)

02.Honesty and Integrity. The individual’s presence on a racing association or simulcast operator’s grounds is inconsistent with maintaining the honesty and integrity of racing.(7-1-24)

IDAPA 11.04.01.013 Allocation of Race Days and Races

The Racing Commission is the sole judge of the number of race days and races for which each racing association is licensed.(7-1-24)

IDAPA 11.04.01.014 Public Health or Safety Hazard

Nothing in these rules is intended to require race days and races to be held if it constitutes a public health or safety hazard.(7-1-24)

IDAPA 11.04.01.015 Cancellation of Race Da

YS OR RACES.

Racing days or races within a racing day specified on a racing association’s license may be cancelled under the following conditions:(7-1-24)

01.Conditions. Conditions at the racing facility constitute a health or safety hazard for people using the facility.(7-1-24)

02.Inclement Weather. Inclement weather or track conditions constitute a health or safety hazard for track personnel or horses entered to race.(7-1-24)

03.Approved Cancellation. The Racing Commission approved the cancellation due to a health or safety hazard.(7-1-24)

04.Advanced Approval. Races cancelled for any reason other than a health or safety hazard need to be approved in advance by the Racing Commission.(7-1-24)

05.Rescheduling Cancelled Races. The Racing Association will make a good-faith effort to reschedule cancelled races.(7-1-24)

016 – 019.(RESERVED)

SUB AREA A2: DEFINITIONS

(Sections 020-029)

IDAPA 11.04.01.020 Definitions: a Through I

In addition to the definitions in Title 54, Chapter 25, Idaho Code, the following apply:(7-1-24)

Account. An account for advanced deposit wagering with a specific identifiable record of credits, debits, deposits, wagers, and withdrawals established by an account holder and managed by the advanced deposit wagering operator.(7-1-24)

02.Account Holder. A natural person who successfully completed an application and for whom the advance deposit wagering operator has opened an account.(7-1-24)

03.Act. The Idaho Racing Act, Section 54-2501, Idaho Code.(7-1-24)

04.Admissions. A racing association employee who collects admission money for entrance to the racetrack.(7-1-24)

05.Advance Deposit Wagering Operator. Those persons or entities licensed by the Idaho State Racing Commission with the authority to accept deposits and wagers, issue a receipt or other confirmation to the account holder evidencing such deposits and wagers, and transfer credits and debits to and from accounts.(7-1-24)

06.Advanced Wagering. Wagering before a scheduled post tie for the first contest of a performance.

07.Alcohol. The intoxicating agent in beer, wine, or liquor, as the terms are defined in Title 23, Idaho Code, and includes ethyl, methyl, and isopropyl alcohols.(7-1-24)

08.Appeal. A request for the Racing Commission or its designee to investigate, consider and review any decision or rulings of the Board of Stewards of a meeting.(7-1-24)

09.Applicant. Any person who has applied to the Racing Commission for a license.(7-1-24)

10.Appointment. A person approved by the Racing Commission or its designee, for an official racing position.(7-1-24)

11.Approval. Acceptance of a racing official’s eligibility by the Racing Commission or its designee.

12.Announcer. A person employed by a racing association to announce during the running of the races.(7-1-24)

13.Assistant Starter. The employee of a racing association who, under direct supervision of the starter, helps place the starting gate for a race, leads horses into the gate, helps jockeys and handles horses while in the gate until the start.(7-1-24)

14.Authorized Agent. A person appointed by a written instrument signed and acknowledged before a notary public empowered to transact the business of a stable owner or horse breeder.(7-1-24)

15.Authorized User. A person authorized by the Racing Commission to receive, decode, and use for legal purposes the encrypted simulcast signal of pari-mutuel events.(7-1-24)

16.Bleeder. Is any horse, which exhibits symptoms of epistaxis and/or respiratory tract hemorrhage.

17.Bleeder List. A list maintained by the commission veterinarian with all horses that have demonstrated external evidence of exercise induced pulmonary hemorrhage from one (1) or both nostrils during or after a race or workout.(7-1-24)

18.Bookmaker. A person who makes a business of accepting the bets of others on the outcome of any sports contest including horse racing.(7-1-24)

19.Breakage.(7-1-24)

a.The odd cents rounded down to the lowest multiple of ten cents ($.10) in a positive pool and down to the lowest multiple of five cents ($.05) in a minus pool.(7-1-24)

b.The net pool minus the payout.(7-1-24)

20.Breed Association. A group organized under Idaho law to receive breeder awards.(7-1-24)

21.Breeder. Breeder of a horse is determined by the definition of breeder used by the registry of the particular breed of that horse.(7-1-24)

22.Bribe. Anything of value not limited to money.(7-1-24)

23.Burden of Proof. The obligation to establish by the preponderance of the evidence that a violation of statute or rules occurred.(7-1-24)

24.Calendar Year. A calendar year beginning January 1 and ending December 31.(7-1-24)

25.Certificate of Registration. A physical or digital document identifying a horse, its breeding and registry issued by the recognized breed registry.(7-1-24)

26.Chairman. The presiding officer of the Racing Commission.(7-1-24)

27.Chart Person. An official who compiles the statistical “picture” of a race which shows the position and margin of each horse at designated points of call during the race and other data.(7-1-24)

28.Chemical. A substance composed of chemical elements or obtained by chemical processes.

29.Claimant. A person who has successfully claimed a horse in a claiming race.(7-1-24)

30.Claimed. A horse that has been properly purchased under these rules.(7-1-24)

31.Claiming Race. A race in which any horse entered therein may be claimed in conformity with the

32.Clerk of Scales. The employee of a racing association responsible for sequestering all jockeys each racing day, weighing all jockeys out and in from races, checking their assigned riding weights versus their actual weights, and reporting all changes.(7-1-24)

33.Clocker. A person who times workouts and races.(7-1-24)

34.Colt. An intact male horse under five (5) years of age.(7-1-24)

35.Commissioner. One (1) of the three (3) members of the Idaho State Racing Commission. (7-1-24)

36.Commission Veterinarian. A racing Commission appointed veterinarian having authority to enforce the Racing Commission’s rules relating to veterinary practices.(7-1-24)

37.Common Pool Wagering. The inclusion of wagers placed at guest association locations and secondary pari-mutuel organizations into a common pari-mutuel pool for the purpose of display of wagering information and calculation of payoffs on winning wagers.(7-1-24)

38.Complaint. A written allegation of a violation of these rules.(7-1-24)

39.Concessionaire. A person that offers goods or services for sale to the public at a racetrack.

40.Concession Employee. An employee of a concessionaire or a racing association employee offering goods or services for sale to the public.(7-1-24)

41.Conditions. Qualifications which determine a horse’s eligibility to be entered in a race.(7-1-24)

42.Confidential Information. Confidential information includes:(7-1-24)

a.The amount of money credited to, debited from, withdrawn from, or present in any particular account holder’s account;(7-1-24)

b.The amount of money wagered by a particular account holder on any race or series of races;

c.The account number and secure personal identification code of a particular account holder;

d.The identities of particular entries on which the account holder is wagering or has wagered;

e.Unless otherwise authorized by the account holder, the name, address, and other information in the possession of the advance deposit wagering operator that would identify the account holder to anyone other than the

43.Contest. A competitive racing event or competition between horses in which pari-mutuel wagering is conducted.(7-1-24)

44.Continuance. Postponement of adjudicatory proceedings to a future date.(7-1-24)

45.Controlled Substance. A drug, substance, or immediate precursor listed in schedules I through V of Article II of Title 37, Chapter 27, Idaho Code.(7-1-24)

46.Costs. Charges and expenses reasonably necessary to carry out the business of the Racing

47.Coupled Entries. Two (2) or more horses which are entered or run in a race and are coupled because of common ties or ownership.(7-1-24)

48.Credits. All positive inflow of money to an account.(7-1-24)

49.DMSO. Dimethyl Sulfoxide.(7-1-24)

50.Daily Double. A daily double requires the selection of the first-place finisher in two (2) consecutive races.(7-1-24)

51.Daily Program. The published listing of all contests and contestants for a specific performance.

52.Dead Heat. The finish of a race in which the noses of two (2) or more horses reach the finish line at the same time.(7-1-24)

53.Declaration. The act of withdrawing an entered horse from a race before the closing of overnight entries.(7-1-24)

54.Debits. All negative outflow of money from an account.(7-1-24)

55.De Novo Hearing. To have the matter heard anew.(7-1-24)

56.Deposit. A payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder’s account.(7-1-24)

57.Digital Tattoo. Is a digital certification, which is attached to the horse’s registration certificate in the recognized breed registry that validates the horse’s identification. This digital tattoo is accessible through the scan of the horse’s microchip or other unique identifier as authorized by the recognized breed registry.(7-1-24)

58.Disciplinary Action.

A process for dealing with behavior that violates the provisions of these

59.Disqualification. Interference or a foul determined by the Board of Stewards in a contest that may result in an adjustment to the offending entrants finish position.(7-1-24)

60.Disqualified Person. A person whose license is suspended.(7-1-24)

61.Drug. Any chemical compound or any noninfectious biological substance not used for its mechanical properties, which may be administered to or used on or for patients, either human or animal, as an aid in diagnosis, treatment or prevention of disease or other abnormal condition, for the relief of pain or suffering, or to control or improve any physiological or pathological condition.(7-1-24)

62.Downlink. A receiving antenna coupled with an audio-visual signal receiver that is compatible with and capable of receiving simultaneous audio-visual signals or data emanating from a host association. This includes the electronic transfer of received signals from the receiving antenna to TV monitors within the satellite facility.(7-1-24)

63.Eligible. A horse that is qualified to run in a race under these rules.(7-1-24)

64.Eligible Person. A licensed owner, licensed trainer or authorized agent who has been properly authorized to claim a horse.(7-1-24)

65.Emergency Medical Technician. An emergency responder trained and certified to provide emergency medical services to the critically ill and injured person.(7-1-24)

66.Enclosure, Enclosure-Public. Includes all enclosed areas of the simulcast wagering facility.

67.Encryption. The scrambling or other manipulation of the audio-visual signals to mask the original content of the signal and so cause such signals to be indecipherable and unrecognizable to any person receiving such signal.(7-1-24)

68.Engagements. Is the obligation of a Jockey or a horse to participate in a race.(7-1-24)

69.Entrance Money Records. A record showing all monies due and paid prior to entry of a contest.

70.Entries. A list of horses entered in a race.(7-1-24)

71.Entry. Means, according to the requirements of the text:(7-1-24)

a.A horse made eligible to run a race.(7-1-24)

b.Two (2) or more horses that are entries or run in a race and are coupled because of common ties or ownership. Where two (2) or more horses owned by separate owners but trained by the same Trainer are entered in the same race, the horses may run as separate betting interests.(7-1-24)

72.Equipment. As applied to a horse means whips, blinkers, tongue straps, muzzle, nosebands, bits, shadow rolls, martingales, breast plate, bandages, boots, hoods, flipping halters, goggles and plates.(7-1-24)

73.Evidence. Data presented in proof of the facts in issue, and which may include the testimony of witnesses, records, documents, or objects.(7-1-24)

74.Exacta. The Exacta requires selection of the first two (2) finishers, in their exact order, for a single contest.(7-1-24)

75.Exclusion. The act of preventing a person from entering or remaining on the grounds of any racing association or simulcast facility under the jurisdiction of the Racing Commission.(7-1-24)

76.Exercise Person. A rider who exercises horses at a racetrack.(7-1-24)

77.Filly. A female horse that has not reached five (5) years of age.(7-1-24)

78.Forfeit. Money due because of an error fault, neglect of duty, breach of contract or a penalty.

79.Foul. A violation, by a jockey or horse, of these rules during a race.(7-1-24)

80.Gelding. An altered male horse of any age.(7-1-24)

81.Gifts. Anything of value not limited to money.(7-1-24)

82.Gratuities. Anything of value not limited to money.(7-1-24)

83.Groom. A person hired by a trainer who cares for a horse at a racetrack.(7-1-24)

84.Grounds. Any area owned or leased by any licensed Association, Corporation, or Race Track which is operated for the purpose of conducting pari-mutuel racing.(7-1-24)

85.Guest Association. A racing association approved to offer simulcast races and parimutuel wagering on races conducted at other racetracks.(7-1-24)

86.Handbook. A method of soliciting and recording wagers on the outcome of a sports contest including a horse race.(7-1-24)

87.Handicap. A weight adjustment for entered horses for the purpose of equalizing the respective changes of winning.(7-1-24)

88.Handle or Gross Handle. Total amount of money wagered on a race less refunds and cancels.

89.Hearing Officer. An official appointed by the Idaho State Racing Commission to conduct an investigation or administrative hearing so that the agency can exercise its statutory powers.(7-1-24)

90.Horse. Includes filly, mare, colt, horse or gelding in general; when referring to sex, filly becomes a mare when five (5) years old; a horse is an intact male when five (5) years old or older.(7-1-24)

91.Horse Identifier. A person who is responsible for positively identifying all horses entered to a race, stabled or on racing association grounds.(7-1-24)

92.Horseman’s Agreement. An agreement approved by the Racing Commission between the Racing Association and the authorized horsemen’s’ group.(7-1-24)

93.Horsemen’s Bookkeeper. A bonded racing association employee who manages the horsemen’s accounts which covers all monies due horseman in regards to purses, stakes, rewards, claims and deposits. (7-1-24)

94.Host or Host Association. The racing association conducting a licensed horse racing meeting when it is authorized by the Racing Commission to simulcast its racing program. It may also be considered the sending track which means any track from which simulcast signals originate.(7-1-24)

95.Hub. A facility that acts as an intermediary between pari-mutuel wagering facilities for the transmission of wagering data and that is responsible for generating all reports necessary for the reconciliation of payments.(7-1-24)

96.Hypodermics. Any hypodermic instrument, hypodermic syringe or hypodermic hollow needle used for injection of substances into the body of a horse.(7-1-24)

97.Idaho Bred. A foal dropped by a mare in Idaho.(7-1-24)

98.Identifier. The employee of a racing association who checks the lip tattoo, other identification, and markings of each horse as it enters the paddock to make sure the correct horses are running in the race.(7-1-24)

99.Independent Real Time Monitoring System. A system approved by the Racing Commission for the purpose of immediate and continuous analysis of wagering and other parimutuel systems data in order to detect suspect wagering transactions or other activity indicating a possible problem relating to the integrity of the parimutuel system and which transmits transactional level data to a wagering security database.(7-1-24)

100.Ineligible or Undisclosed Person. A person that is not eligible to be licensed or a person who has not been properly authorized to claim a horse.(7-1-24)

101.In-foal. A filly or mare that is pregnant.(7-1-24)

102.Inspection of Horses. A veterinarian inspection to assess the racing condition of every horse entered in an official race.(7-1-24)

103.Intrastate Simulcasting Wagering. Pari-mutuel wagering at an Idaho guest association on Idaho horse racing events run at an Idaho host association.(7-1-24)

IDAPA 11.04.01.021 Definitions: J Through S

In addition to the definitions in Title 54, Chapter 25, Idaho Code, the following apply:(7-1-24)

Jockey. Is a race rider whether a licensed jockey, apprentice or amateur rider.(7-1-24)

02.Jockey Agent. A person who helps a jockey obtain mounts in return for a portion of the jockey’s earnings.(7-1-24)

03.Jockey’s Fees. The approved amount of money a Jockey receives for riding in a race.(7-1-24)

04.Jockey’s Room. A room reserved for jockeys to prepare for a race.(7-1-24)

05.Jocks Room Custodian. A racing association employee authorized to regulate the conduct of the jockeys, ensure good order is maintained, and monitors the jockeys.(7-1-24)

06.Jostle. To bump, push or shove.(7-1-24)

07.Jurisdiction. The limits or territory within which Racing officials’ authority may be exercised.

08.License. A permission granted by the Racing Commission to engage in any regulated activity.

09.Licensed Authorized Agent. A person licensed by the Racing Commission and appointed by a written instrument, signed, and acknowledged before a notary public by the owner in whose behalf the agent will act.

10.Licensee. Any person or entity holding a license from the racing Commission to engage in racing or regulated activity.(7-1-24)

11.Live Event Host. A licensed racing association where live racing is conducted and on which parimutuel wagering is conducted by guest associations or secondary pari-mutuel organizations.(7-1-24)

12.Maiden. A horse that has never won a race on the flat in a state or country where racing is supervised by a legalized Racing Commission or board and where the races are covered by the Racing Form, American Quarter Horse chart books, the Appaloosa Horse Club chart books, the Paint Horse chart books and the Arabian Horse chart books. A maiden that has been disqualified after finishing first is still a maiden.(7-1-24)

13.Maintenance. A racing association employee hired to maintain the grounds and facility of the racetrack.(7-1-24)

14.Mare. A female horse that has reached the age of five (5) years.(7-1-24)

15.Medical Professional. A doctor, physician’s assistant, or emergency medical technician licensed or certified in the state of Idaho.(7-1-24)

16.Medication Report Form. A form signed by the treating veterinarian disclosing the identity of the horse, the permitted drug being used with dosage or procedure administered, the time administered and the name of the trainer.(7-1-24)

17.Meet. The entire consecutive period for which a license to race has been granted to any- one (1) association by the racing commission.(7-1-24)

18.Minus Pool. When the amount of money to be distributed on winning wagers is in excess of the amount of money comprising the net pool.(7-1-24)

19.Motions. A request for a steward or racing commission to make a decision.(7-1-24)

20.Month. A calendar month.(7-1-24)

21.Mutual Employee. A racing association employee that accepts the patrons’ money and issues the betting ticket.(7-1-24)

22.Natural Person. Any person at least eighteen (18) years of age, but does not include any corporation, partnership, limited liability company, trust, or estate.(7-1-24)

23.Nerved. A surgical procedure in which the nerve supply to the navicular area is removed. The toe and remainder of the foot have feeling.(7-1-24)

24.Nerved Horses. A horse that has had posterior digital neurectomy (heel nerving) surgery. (7-1-24)

25.Nomination. Is the naming of a horse to a certain race or series of races.(7-1-24)

26.Nominator. A person in whose name a horse is entered for a race.(7-1-24)

27.Notice. A written or printed announcement from Board of Stewards or the Racing Commission.

28.Objection. A verbal claim of foul in a race lodged with the Board of Stewards or their designee by the horse’s jockey, trainer, owner or the owner’s authorized agent before the race is declared official.(7-1-24)

29.Odds. Number indicating amount of profit per dollar to be paid to holders of winning pari-mutuel tickets.(7-1-24)

30.Office Personnel. A racing association employee who works in the office of the racetrack.

31.Official. Person licensed by the state to ensure the rules of racing are enforced.(7-1-24)

32.Official Results. The finish of the race as declared by the Stewards.(7-1-24)

33.Order of finish. The order of finish of the contestants in a contest as declared official by the Board of stewards/judges.(7-1-24)

34.Outrider. The employee of a racing association who leads the post parade at a racetrack and gets the horses and jockeys to the starting gates on time.(7-1-24)

35.Overnight Race. A race for money or any other prize to which the Owners of the horses do not contribute.(7-1-24)

36.Owner. The person that has legal title to, or has financial control of, a horse utilized for racing in Idaho. However, an interest in the winnings of a horse does not itself constitute ownership.(7-1-24)

37.Owner/Trainer. An owner who conditions and prepares his own horse for racing, with the absolute responsibility to ensure the physical condition and eligibility of the racehorse.(7-1-24)

38.Paddock. An enclosure in which horses scheduled to compete in a contest are saddled prior to racing.(7-1-24)

39.Paddock Judge. The employee of a racing association responsible for getting jockeys and horses in order to go to the starting gate; also checks the equipment used by each horse and supervises the saddling of the horses.(7-1-24)

40.Paddock Judge’s List. A list of horses which may not be entered in a race for safety reasons.

41.Pari-Mutuel Cash Voucher. A document or card produced by a pari-mutual system device on which a stored cash value is represented and the value of which is recorded in and redeemed through the pari-mutual system.(7-1-24)

42.Pari-Mutuel Pool Host. A racing association that operated and controls access of guest associations or secondary pari-mutuel organizations to, a pari-mutuel pool.(7-1-24)

43.Pari-Mutuel System. The hardware, software and communications equipment used to record wagers, calculate payouts for winning wagers, and transmits wagering transactions and parimutuel pool data for display to patrons and to communicate with other pari-mutuel systems linked to facilitate common pool wagering.

44.Pari-Mutuel Ticket. A document printed or record produced by a pari-mutuel system device on which is represented a pari-mutuel wager or wagers that have been authorized and accepted for purposes of participation in a pari-mutuel pool.(7-1-24)

45.Pari-Mutuel Wagering. A form of wagering on the outcome of an event in which all wagers are pooled and held by an pari-mutuel pool host for distribution of the total amount, less the deductions authorized by law, to holders of tickets on the winning contestants.(7-1-24)

46.Patrol Judge. A person who observed a race and reports information concerning the race to the Board of Stewards.(7-1-24)

47.Payout. Money disbursed after a race is official.(7-1-24)

48.Person. Any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, or any legal entity, which is recognized by law as the subject of rights and duties.(7-1-24)

49.Photo Finish. A requested photo to help in determining the correct order of finish.(7-1-24)

50.Photographer . A person who takes photographs of the winning horses in the winner’s circle.

51.Pick (n). The Pick (n) requires selection of the first-place finisher in each of a designated number of contests.(7-1-24)

52.Place Pool. The total amount wagered on a specific entry to finish second in a race.(7-1-24)

53.Place. Mean first, second, or third and in that order is called “Win”, “Place”, “Show”.(7-1-24)

54.Placing Judge. A person who determines the order of finish in a race as the horses pass the finish line.(7-1-24)

55.Plater. A blacksmith who shoes horses at a racetrack.(7-1-24)

56.Pony Person. A person on horseback who accompanies a horse and jockey to the starting gate.

57.Post Position. The starting position assigned.(7-1-24)

58.Post Time. The time set for the arrival at the starting point.(7-1-24)

59.Preference System. A method used by the Racing Secretary to determine the order of qualification for a race.(7-1-24)

60.Presiding State Steward. One (1) of the three (3) stewards appointed by the Racing Commission who presides over hearings and designated duties for the other stewards.(7-1-24)

61.Primary Laboratory. A laboratory approved by the Racing Commission to conduct testing and official analysis of post-race samples.(7-1-24)

62.Principal Residence Address. That place where the natural person submitting an application for an account resides at least fifty percent (50%) of the time during the calendar year.(7-1-24)

63.Prohibited Substances. Is any drug, chemical, or other substance which, when administered to a horse can create a change in the normal physiological performance of the horse's racing ability, including:(7-1-24) a.stimulants or depressants or other substances as defined by the association of racing commissioners international; or(7-1-24) b.that may interfere with testing procedures; or(7-1-24) c.that is a therapeutic medication present in excess of established acceptable levels; or(7-1-24) d.that is present in the horse in excess of levels that could occur naturally; or(7-1-24) e.that is a substance specified by rule that is not allowed to appear in an out of competition or hair sample.(7-1-24)

64.Proper Identification. A form of identification accepted in the normal course of business to establish that the person making a transaction is the account holder.(7-1-24)

65.Protest. A written complaint made to the Board of Stewards concerning a horse entered in a race and filed no later than one (1) hour prior to the scheduled post time of the first race on the day in which the questioned horse is entered.(7-1-24)

66.Purse. The total dollar amount for which a race is contested.(7-1-24)

67.Purse Race. A race for money or any other price to which the owners of the horses do not contribute.(7-1-24)

68.Quorum. Two (2) or more members of the Racing Commission.(7-1-24)

69.Quinella. The Quinella requires selection of the first two (2) finishers, irrespective of order, for a

70.Quinella Double. The Quinella Double requires selection of the first two (2) finishers, irrespective of order, in each of two (2) specified contests.(7-1-24)

71.Race Day. Any period of twenty-four (24) hours beginning at midnight and including in the period of a race meeting and in the matter of penalties the word “DAY” means a “CALENDAR DAY.”(7-1-24)

72.Race Meet.(7-1-24)

a.The number of races and race days approved by the Racing Commission in the Racing Association license.(7-1-24) b.or as stated in Idaho Code 54-2502(11).(7-1-24)

73.Racing Association. Any person licensed by the Racing Commission to conduct a race meet and pari-mutuel wagering.(7-1-24)

74.Racing Colors. Racing silks, the jacket and cap worn by Jockeys. Silks can be generic and provided by the track or specific to one (1) Owner.(7-1-24)

75.Racing Dates. The number of racing dates authorized by the Racing Commission in a Racing Association License.(7-1-24)

76.Racing Condition. The physical ability to race of a horse determined by the commission veterinarian.(7-1-24)

77.Racetrack. The grounds and enclosures of any racing association where horse racing or parimutuel betting occurs under the authority and supervision of the Racing Commission.(7-1-24)

78.Racing Interest. Any individual owner or any partnership of owners or corporations or any registered stable, but not including a lessee, which participates as an owning entity or nominator of a racehorse. A licensed owner may participate in more than one (1) racing interest.(7-1-24)

79.Racing Secretary. The employee of a racing association, who writes the conditions for the races, assigns the weights for handicap races, receives entries, conducts the draw, and is responsible for the operation and organization of the race office.(7-1-24)

80.Reasonable Suspicion. Behavior or pattern of behavior indicates that the licensee or applicant is under the influence of a controlled substance or alcohol. The basis of the suspicion may be a specific, contemporaneous event or conduct that has been observed over a period of time.(7-1-24)

81.Recognized Race Meet. is an entire period of allocated days that an association which is issued a racetrack license, is authorized by the commission to conduct live racing. For purposes of this rule, the commission shall determine the beginning and end dates of the race meet as well as the dates in which live racing will be cond ucted within the determined allocated days.(7-1-24)

82.Records. A daily log kept by the presiding steward of the stewards’ official activities. Also, an accounting of each horse, owner, trainer, or jockey participating at a race meet who had funds due or on deposit in the horsemen’s account completed by the Horsemen’s Bookkeeper’s.(7-1-24)

83.Referee Laboratory. Laboratory approved by the Racing Commission to conduct split sample testing.(7-1-24)

84.Reports. A daily account of the stewards’ actions and observations made during each day’s race program.(7-1-24)

85.Ringer. In addition to the definitions expressed in these rules, means any horse which runs under the name and identity of another or under a fictitious name.(7-1-24)

86.Ruled Off. An action by the racing stewards, under these rules, to suspend a license for a violation of these rules.(7-1-24)

87.Ruling. An official decision by the Board of Stewards stating the charges against the licensee.

88.Samples. Is a portion of any bodily substance or fluid, including but not limited to, tissue, hair, blood, urine, or any other acceptable specimen obtained from a horse at the direction of the commission for the purposes of determining the presence of a prohibited substance.(7-1-24)

89.Satellite Transponder, Transponder. Is a device in a space satellite that is capable of receiving signals from a satellite dish and immediately retransmitting those signals for reception by a satellite dish.(7-1-24)

90.Safety Equipment. Any safety equipment to be worn as specified by these rules.(7-1-24)

91.Scratch. The act of withdrawing an entered horse from the race after closing of overnight entries.

92.Scratched Horse. A horse that is withdrawn from a race after the betting has begun.(7-1-24)

93.Scratch Time. The time set by the Racing Association for the closing of applications for permission to withdraw from the races of that day.(7-1-24)

94.Secondary Pari-Mutuel Organization. An entity other than a licensed racing association that offers and accepts pari-mutuel wagers. This may include an off-track wagering system or an account wagering system.(7-1-24)

95.Secure Personal Identification Code. An alpha-numeric character code chosen by an account holder as a means by which the advance deposit wagering operator may verify a wager or account transaction as authorized by the account holder.(7-1-24)

96.Show Pool. The total amount wagered on a specific entry to finish third in a race.(7-1-24)

97.Simulcast Facility. The physical premises, structure and equipment utilized by a guest or host association for conducting pari-mutuel wagering on horse racing events and permitted pari-mutuel events. Such facility must be a part of the license granted to the guest or host association.(7-1-24)

98.Simulcast Operator. A simulcast licensee authorized by the Racing Commission to offer, sell, cash, redeem or exchange pari-mutuel tickets on races being run at a host association.(7-1-24)

99.Simulcast Service Supplier.(7-1-24)

a.A person engaged in providing service, supplies or equipment necessary to the operation of intrastate, interstate or out-of-state simulcast wagering for use by a host association, guest association, simulcast operator , or authorized user, including pari-mutuel wagering terminals, uplink, downlink, television receivers and related equipment.(7-1-24)

b.It does not include persons authorized by the Federal Communications Commission to provide telephone service or space segment time on satellite transponders.(7-1-24)

100.Source Market Fee. That part of a wager, made outside of the state by an Idaho resident, that is returned to the Racing Commission.(7-1-24)

101.Sound. A horse that is in competitive racing condition.(7-1-24)

102.Split Sample. A blood, urine, saliva, hair, or any other acceptable specimen taken from a horse that is greater than the minimum sample requirement.(7-1-24)

103.Stable. All the racehorses belonging to a particular owner.(7-1-24)

104.Stable Name. An assumed business name used by a person for his horse racing operation. (7-1-24)

105.Stake Race. A race to which nominators of the engaged entries contribute to a purse; to which money, or any other award, may be added; but no overnight race, regardless of its conditions, may be deemed a stake 106.Stalls. Stable area on racing association grounds for horses assigned by the racing secretary.

107.Stall superintendent. A racing association employee hired to assign applicants such stabling as deemed proper to be occupied by horses in preparation for racing and determines all conflicting claims to stable space.(7-1-24)

108.Starter.(7-1-24)

a. The employee of a racing association responsible for dispatching the horses for a race;(7-1-24)

b.The horse is a “starter” for a race when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses.(7-1-24)

109.Starter Allowance Race. A race where entrants have established eligibility by participation in a previous race.(7-1-24)

110.Starter’s List. A list of all horses which are ineligible to be entered in any race due to poor or inconsistent behavior or performance in the starting gate.(7-1-24)

111.State Veterinarian. A veterinarian employed by the Racing Commission to serve as professional adviser and consultant to the Racing Commission on veterinary matters including all regulatory aspects of the application and practice of veterinary medicine at racetracks.(7-1-24)

112.Stay. To delay or stop the effect of a Board of Stewards ruling.(7-1-24)

113.Steward. A horse racing official who presides over a race meeting, has jurisdiction over all racing officials, rules on protests and claims of foul, and imposes fines and suspensions.(7-1-24)

114.Straightaway Race. A race ran for a specified distance with no turns.(7-1-24)

115.Suspension. Punishment for violation of the Racing Commission rules. The offender is denied privileges of the racing facilities for a specified period of time.(7-1-24)

116.Substitute Officials. An emergency vacancy among racing officials that is filled with the Stewards’ approval and reported to the Racing Commission.(7-1-24)

117.Substitute Steward. Appointment by the remaining stewards during an absence of any steward at race time when an approved alternate is not available.(7-1-24)

118.Superfecta. The Superfecta requires selection of the first four (4) finishers, in their exact order, for a single contest.(7-1-24)

IDAPA 11.04.01.022 Definitions: T Through Z

In addition to the definitions in Title 54, Chapter 25, Idaho Code, the following apply:(7-1-24)

01.Take or Takeout. Money deducted from mutuel pools which is shared by the Racing Commission, track and local and state governing bodies in the form of a tax.(7-1-24)

02.Tattoo - An additional means of identification of a racehorse. They are used along with the horse’s markings to include microchips, color, age and sex.(7-1-24)

a.Lip tattoos can be a series of numbers and/or letters tattooed on the inside top lip of horses, involved in pari-mutuel racing.(7-1-24)

b.Digital Tattoo – is a digital certification, which is attached to the horse’s registration certificate in the breed registry that validates the horse’s identification. This digital tattoo is accessible through the scan of the horse’s microchip or other unique identifier as authorized by the recognized breed registry.(7-1-24)

03.Terminal. The device connected to the pari-mutuel system used to place wagers.(7-1-24)

04.Test Area. A secured testing area provided by a racing association used for taking samples of blood, urine, saliva, hair, or any other acceptable specimen for testing.(7-1-24)

05.Timer. A person who accurately records the time elapsed between the start and finish of each race.

06.Title. Legal document showing ownership of a horse.(7-1-24)

07.Totalizator. A computer that, directly or indirectly through one (1) or more other totalizators, receives pari-mutuel wagering information, calculates pay-offs for winning tickets and generates reports with respect to such information, and may refer to the linked computers of the hub and the track.(7-1-24)

08.Tote Employee. An employee of a company providing the automated pari-mutual system that dispenses and records betting tickets, calculates and displays odds and payoffs, and provides the mechanism for cashing winning tickets.(7-1-24)

09.Track Superintendent. The employee of a racing association responsible for maintaining acceptable racing and training track conditions during a race meet.(7-1-24)

10.Track Security. A person responsible to provide security at a racetrack.(7-1-24)

11.Trainer. The person who conditions and prepares a racehorse for racing, with the absolute responsibility to ensure the physical condition and eligibility of the racehorse.(7-1-24)

12.Transfer. To convey the possession or legal title of a horse to another.(7-1-24)

13.Trial. A race to determine qualifiers for a future race.(7-1-24)

14.Trifecta. The Trifecta requires selection of the first three (3) finishers, in their exact order, for a

15.Tri-Superfecta. The Tri-Superfecta requires selection of the first three (3) finishers, in their exact order, in the first two (2) designated contests and the first four (4) finishers, in exact order, in the second of the two (2) designated contests.(7-1-24)

16.Twin Quinella. The Twin Quinella requires selection of the first two (2) finishers, irrespective of order, in each of two (2) designated contests.(7-1-24)

17.Twin Tri fecta. The Twin Trifecta requires selection of the first three (3) finishers, in their exact order, in each of two (2) designated contests.(7-1-24)

18.Uplink. An earth station broadcasting facility, whether mobile or fixed, which is used to transmit audio-visual signals or data on Federal Communication Commission-controlled frequencies and includes any electronic transfer of the audio-visual signals from within the racing enclosure to the location of the transmitter at the uplink.(7-1-24)

19.Valet. A person who attends riders and keeps their wardrobe and equipment in order.(7-1-24)

20.Veterinarian. A private veterinary practitioner employed by owners or trainers on an individual case or contract basis.(7-1-24)

21.Veterinarian’s List. A list of all horses which are ineligible to be entered in any race due to a physical condition.(7-1-24)

22.Vet Assistant. A person who assists a state veterinarian.(7-1-24)

23.Veterinarians’ Reports. The Medication Report Form completed by every veterinarian who treats a racehorse at any location under the jurisdiction of the Racing Commission.(7-1-24)

24.Video Employee. An employee hired by a photo/video provider to operate the equipment during the running of horse races for the benefit of the Board of Stewards and racetracks.(7-1-24)

25.Violations. All unauthorized activities under these rules.(7-1-24)

26.Voucher Identification Number. A number specifically unique to each pari-mutuel voucher.

27.Wager or Wagering. To risk or state an amount of money on an unknown outcome.(7-1-24)

28.Walk Over. Means a race in which only one horse starts or in which all the starters are owned by the same interest. To claim the purse the horses(s) must start and go the distance of the race.(7-1-24)

29.Weight. The amount that a jockey weighs prior to and after a race.(7-1-24)

30.Weight In. Post-race weight of the Jockey and equipment.(7-1-24)

31.Weight Out. Pre-race weight of the Jockey and equipment.(7-1-24)

32.Weight for Age. Standard weight according to the scale adopted by the Racing Commission and set forth herein.(7-1-24)

33.Winner.(7-1-24)

a.Winner of a single race of a certain sum or value unless otherwise expressed in the conditions.

b.The horse whose nose reaches the finish line first or is place first through disqualification by The Board of Stewards.(7-1-24)

34.Win Pool. The amount wagered on a specific entry to finish a race.(7-1-24)

35.Win Three.

The Win Three (3) requires selection of a first-place finisher in each of three (3) specified contests.(7-1-24)

36.Winnings. Money won by successfully wagering on the winner in a live or simulcast race based on the official order of finish.(7-1-24)

37.Withdrawal. A payment of money from an account by the advance deposit wagering operator for use by an account holder in withdrawing funds from an account.(7-1-24)

38.Withdrawal Slip. A form provided by the advance deposit wagering operator for use by an account holder in withdrawing funds from an account.(7-1-24)

IDAPA 11.04.01.023 (Reserved)

SUB AREA A3: LICENSING AND FEES

(Sections 030-090

IDAPA 11.04.01.030 Refusal to Issue License

The Racing Commission may refuse to issue a license and may revoke any license already issued to any person:

(

01.Convicted. Who has been convicted of any felony and whose civil rights have not yet been restored pursuant to Section 18-310(2), Idaho Code.(7-1-24)

02.Felony Probation. Who is on probation, or parole for a conviction or withheld judgment for any felony.(7-1-24)

03.Misrepresentation. Who has made any material misrepresentation or false statement to the Racing Commission or its agents in his application for license or otherwise, or who fails to answer any material question on any application for a license.(7-1-24)

04.Unqualified. Who is unqualified by age, skill, knowledge or ability to engage in the activities for which a license is required.(7-1-24)

05.Ownership. Who fails to disclose the true ownership or interest in any or all horses as required by any application.(7-1-24)

06.Ejection. Who is subject to exclusion or ejection from the racing enclosure or is within the classes of persons prohibited from participating in pari-mutuel wagering.(7-1-24)

07.Conduct. Who has committed an act or acts demonstrating financial instability, intemperate habits or has a bad reputation for truth, honesty and integrity, or other similar conduct contrary to the best interest of racing.

08.Narcotics. Who has been convicted of possession, use, or sale of any narcotic, dangerous drug, or marijuana if such conviction was a misdemeanor, within two (2) years prior to the date of making application for any license.(7-1-24)

09.Drug Probation. Who is on probation or parole for a conviction or withheld judgment for misdemeanor possession, use, or sale of any narcotic, dangerous drug, or marijuana.(7-1-24)

10.Not Permitted. Who is not permitted by law or statute to engage in the occupation for which the license is sought.(7-1-24)

11.Violated Rules. Who has violated or who aids or abets or conspires with any person to violate any provision of the Racing Commission rules or of Sections 54-2501 through 54-2516, Idaho Code.(7-1-24)

12.Age. No person under sixteen (16) years of age may be issued a license by the Racing Commission with the exception that a person under sixteen (16) years of age may be licensed as a co-owner with a parent or guardian if the person under sixteen (16) years of age submits an Assumption of Liability form signed by the parent or guardian and notarized by a notary public. This co-ownership is not intended to allow an underage person access to any areas of the track facility.(7-1-24)

13.Deny or Revoke. The Racing Commission may deny a license to, or revoke the license of, any person who has had a license revoked or denied by any recognized racing jurisdiction.(7-1-24)

IDAPA 11.04.01.031 Cruelty to Animals

No licensee may violate Title 25, Chapter 35, Idaho Code, “Cruelty to Animal,” while on the grounds of a racing ass ociation. The Board of stewards will be the sole judges of whether or not a violation of Title 25, Chapter 35, Idaho Code, has occurred on racing association grounds. The penalty for a first offense may include a fine or a suspension or both. A second violation within a calendar year will include a mandatory suspension, the length of which will be at the discretion of the Board of stewards.(7-1-24)

IDAPA 11.04.01.032 Fingerprints

All persons between the ages of eighteen (18) and sixty-nine (69) applying for licensing pursuant to this chapter are req uired to submit information and fingerprints necessary to obtain criminal history information from the Idaho State Police Bureau of Criminal Identification and the Federal Bureau of Investigation. The Idaho State Racing Commission (ISRC) may receive criminal history information from the Idaho State Police Bureau of Criminal Identification and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants pursuant to Section 54-2508, Idaho Code. Pursuant to state and federal law, further dissemination or other use of the criminal history information is prohibited.(7-1-24)

01.License Applicants. Any person that applies for a license from the Racing Commission who has not been fingerprinted within the past five (5) years must be fingerprinted prior to a license being issued. Pursuant to Section 67-3008, Idaho Code, the ISRC will submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police Bureau of Criminal Identification for a criminal records check of state and national databases.(7-1-24)

02.Existing Licensees. Any person that currently holds a valid license from the ISRC must be fingerprinted every five (5) years in accordance with the procedures outlined in Subsection 032.01 of these rules.

03.Fees. The cost of taking and processing such fingerprints is the responsibility of the applicant. Fees for taking and processing fingerprints are in accordance with the amount(s) charged by the Idaho State Police Bureau of Criminal Identification pursuant to Section 67-3010, Idaho Code.(7-1-24)

IDAPA 11.04.01.033 Applications

01.Application Forms.

All applications must be completely and legibly filled out and submitted to the Racing Commission on forms obtained from the Racing Commission, and all persons applying for licenses shall submit completed applications meeting all requirements, including obtaining necessary signatures as indicated on the form or otherwise noted in this chapter. License types are listed in the License Fee section of this chapter.(7-1-24)

02.Other Forms. All other forms to be submitted to the Racing Commission by this chapter must be of a type approved by the Racing Commission.(7-1-24)

03.Age. Applicants between sixteen (16) and eighteen (18) years of age are required to submit to the Racing Commission an Assumption of Liability Form signed by their guardian and notarized by a notary public.

IDAPA 11.04.01.034 Add-on

Any qualified person may add an additional license category to an exis ting license by paying the add-on fee unless:

01.Higher Fee. The fee for the category added is higher than the fee for the existing license category.

02.Additional License. If the fee for the license category that is requested is higher than the fee for the existing license category, the person must pay the Racing Commission the higher fee.(7-1-24)

IDAPA 11.04.01.035 (Reserved)

IDAPA 11.04.01.040 Licenses Requiring Racing Association Signatures

The following application types are also signed by a racing association: Admissions; Announcer; Clocker; Clerk of Scales; Horsemen’s Bookkeeper; Identifier; Jocks Room Custodian; Maintenance; Office Personnel; Outrider;

Paddock Judge; Racing Secretary; Stall Superintendent; Starter; Track Superintendent; and Valet.(7-1-24)

IDAPA 11.04.01.041 Apprentice Jockey License

The application is also signed by a stewa rd and an apprentice jockey certificate signed by a licensed starter, two (2) licensed jockeys, a licensed outrider, and a steward.(7-1-24)

IDAPA 11.04.01.042 Assistant Starter License

The application is also signed by a licensed starter .(7-1-24)

IDAPA 11.04.01.043 Authorized Agent License

A notarized authorized agent form is submitted with the application.(7-1-24)

Each Owner Represented. A separate authorized agent form must be filed for each owner represented.(7-1-24)

02.Written Instrument. A written instrument signed by the owner before a notary public must accompany the application and clearly set forth the delegated powers of the authorized agent.(7-1-24)

03.Power of Attorney. If the written instrument is a power of attorney, it must be filed with the Racing Commission and attached to the regular application form.(7-1-24)

04.Changes. Any changes must be made in writing and filed with the Racing Commission as described in Subsection 043.01 of these rules.(7-1-24)

05.Termination. The authorized agent's appointment may be terminated by the owner, in writing, acknowledged before a notary public and filed with the Racing Commission whereupon the license is no longer valid.

IDAPA 11.04.01.044 Bad Checks

Any licensee who makes, draws, orders or delivers a check, draft or orde r for the payment of money to another Idaho licensee, Racing Association, Racing Commission or employee of said Association, Racing Association or Racing Commission, which check, draft or order for the payment of money is invalid on its face or non-negotiable, or where there is not sufficient funds on deposit for full payment of such check, draft or order, may be subject to suspension or disciplinary action, or both, by the Racing Commission. (7-1-24)

IDAPA 11.04.01.045 (Reserved)

IDAPA 11.04.01.050 Concessionaire License

The application includes:(7-1-24)

01.Names of Owners. The names and addresses of all of the principal owners.(7-1-24)

02.Proof of Financial Stability. A financial statement of assets and liabilities.(7-1-24)

03.Type of Business. The type of business generally engaged in by the applicant.(7-1-24)

IDAPA 11.04.01.051 Concession Employee License

The application is also signed by a licensed concessionaire.(7-1-24)

IDAPA 11.04.01.052 Emergency Medical Technician License

All persons applying for an emergency medical technician license must submit a completed application signed by a racing association and a copy of Emergency Medical Technician Certification.(7-1-24)

IDAPA 11.04.01.053 Exercise Person License

A Steward must also sign the application for a first time licensee.(7-1-24)

IDAPA 11.04.01.054 Groom License

The application signed by a licens ed trainer.(7-1-24)

IDAPA 11.04.01.055 Jockey License

01.Application for License.

The application includes a current physical evaluation from a medical professional.(7-1-24)

02.First Time Licensed. The application for a person that has not been previously licensed as a jockey in Idaho is also signed by a steward.(7-1-24)

IDAPA 11.04.01.056 Jockey Agent License

The application contains a list of licensed jockeys represented. Each jockey agent may represent no more than two (2) jockeys and one (1) apprentice jockey.(7-1-24)

IDAPA 11.04.01.057 Mutuel Employee License

The application is also signed by a racing as sociation and the applicant is at least eighteen (18) years of age. (7-1-24)

IDAPA 11.04.01.058 Official License

The application is also signed by a racing as sociation or Racing Commission.(7-1-24)

IDAPA 11.04.01.059 Owner License

All persons listed on the registration papers must obtain an owners license.(7-1-24)

Financial Responsibility. If the Racing Commission has reason to doubt the financial responsibility of an applicant for an owner's license, the applicant may be required to complete a verified financial statement.(7-1-24)

02.Transfer of Horse Prohibited. The Racing Commission may refuse, deny, suspend or revoke an owner's license for the spouse or member of the immediate family or household of a person ineligible to be licensed as an owner, unless there is a showing on the part of the applicant or licensed owner, and the Racing Commission determines that participation in racing will not permit a person to serve as a substitute for an ineligible person. The transfer of a horse to circumvent the intent of a Racing Commission rule or ruling is prohibited.(7-1-24)

03.Multiple Owners. If the legal owner of any horse is a partnership, corporation, limited liability company, syndicate or other racing association or entity, each shareholder, member or partner must be licensed as an owner.(7-1-24)

04.Lease Agreements. A horse may be raced under lease provided a completed breed registry or other lease form acceptable to the Racing Commission is attached to the certificate of registration and on file with the Racing Commission. The lessee must be licensed as a horse owner.(7-1-24)

05.Supplemental License Fee. When submitting a horse for hair testing as required in IDAPA 11.04.01.B.B4, “Rules Governing Equine Veterinary Practices, Permitted Medications, Banned Substances and Drug Testing of Horses,” the owner(s) must pay a supplemental license fee of two hundred twenty-five dollars ($225) per hair test. The Racing Commission, its Business Operations Manager or ISP Designee are authorized to, and will designate the individual(s) responsible for collecting the supplemental fee. The owner or trainer must submit payment to said designated individual prior to testing.(7-1-24)

IDAPA 11.04.01.060 (Reserved)

IDAPA 11.04.01.070 Plater License

The application for a first time plater licen se includes a letter of recommendation from an owner or trainer. (7-1-24)

IDAPA 11.04.01.071 Pony Person License

If the application is for a first time pony person license, the application is also signed by a steward.(7-1-24)

IDAPA 11.04.01.072 Stable Name License

The application includes the identity or identities of the ownership interests involved in the horse racing operation.

01.Changes of Ownership. Any change in ownership of the horse racing stable must be reported immediately to and approved by the Racing Commission.(7-1-24)

02.Trainer. A trainer who is licensed as an owner or part owner may use a stable name as owner or part owner. However, no trainer may be licensed as a trainer other than in his legal name.(7-1-24)

IDAPA 11.04.01.073 Stable Name Change

01.Cancellation.

Any person who has been granted a stable name license may at anytime cancel the stable name license if written notice has been submitted to the Racing Commission and the Racing Commission approves the cancellation.(7-1-24)

02.Name Change. A stable name may be changed at anytime by canceling the existing stable name and submitting a new stable name application with the appropriate fee.(7-1-24)

IDAPA 11.04.01.074 Stable Names Prohibited

No stable name may be:(

01.Registered. Registered by any other person with a racing association conducting a recognized meeting, or the Jockey Club (N.Y.) or with another racing authority;(7-1-24)

02.Real Name. The real name of any owner of race horses nor the real or assumed name of any prominent person not owning race horses;(7-1-24)

03.Misleading. Misleading to the public or unbecoming to the sport;(7-1-24)

04.Distinguishable. All stable names must be plainly distinguishable from all other licensed stable names.(7-1-24)

05.One Name. No individual may license more than one (1) stable name.(7-1-24)

IDAPA 11.04.01.075 State Veterinarian License

The applicant must have a signed contract on file in the Racing Commission office.(7-1-24)

IDAPA 11.04.01.076 Steward License

All persons applying for a steward license must meet the Stewards Qualifications, as set down in IDAPA 11.04.01.B.B2 “Rules Governing Racing Officials,” Section 032, and submit a completed license application signed

IDAPA 11.04.01.077 (Reserved)

IDAPA 11.04.01.080 Track Security License

The application is also signed by their employer , the racing association.(7-1-24)

IDAPA 11.04.01.081 Trainer License

All persons applying for a trainer license for the first time in Idaho must pass the trainer’s test and have their application signed by a steward, or have a current valid trainers license from another recognized jurisdiction.

IDAPA 11.04.01.082 Veterinarian License

The applicant must have a current valid license to practice veterinary medicine from the state of Idaho.(7-1-24)

IDAPA 11.04.01.083 Vet Assistant License

The application is also signed by a st ate veterinarian.(7-1-24)

IDAPA 11.04.01.084 (Reserved)

IDAPA 11.04.01.090 License Fees

All persons must submit completed applications when applying for license types listed below and pursuant to this chapter and also pay the Racing Commission the fee associated with the type of license being sought before any license will be issued.

IDAPA 11.04.01.091 Penalties

Any person violating any of the provisions of this chapter is subject to the penalties provided for in Title 54, Chapter LICENSEFEELICENSEFEE Add-ons-$10Office Personnel-$15 Admission-$15Official-$50 Announcer-$25Outrider-$25 Apprentice Jockey-$50Owner-$50 Assistant Starter-$25Owner/Trainer-$65 Authorized Agent-$50Paddock Judge-$25 Chart Person-$25Photographer-$25 Clerk of Scales-$25Plater-$50 Clocker-$25Pony Person-$25 Concession Employee-$15Racing Secretary-$35 Concessionaire-$50Stable Registration-$50 Duplicate-$10Stall Superintendent-$25 EMT-$25Starter-$25 Exercise Person-$25State Veterinarian-$0 Groom-$25Tote Employee-$15 Horsemen’s Bookkeeper-$35Track Security-$25 Identifier-$25Track Superintendent-$25 Jockey-$50Trainer-$50 Jockey Agent-$50Valet-$10 Jocks Room Custodian-$25Veterinarian-$50 Maintenance$15Vet Assistant-$15 Mutuel Employee-$15Video Employee-$15 25, Idaho Code.(7-1-24)

IDAPA 11.04.01.092 (Reserved)

SUB AREA A4: CONTROLLED SUBSTANCE AND ALCOHOL TESTING

OF LICENSEES AND APPLICANTS

(Sections 100-129)

IDAPA 11.04.01.100 Primary Purpose

In order to protect the integrity of horse racing in the state of Idaho, to protect the health and welfare of licensees and applicants engaged in horse racing within the state of Idaho, to prevent exploitation of the public, licensees and applicants engaged in horse racing in the state of Idaho, to foster fairness of competition within the racing industry and in order to protect public safety within the state of Idaho, the Racing Commission intends to regulate the use of any controlled substance and alcohol at all race meets licensed by it.(7-1-24)

IDAPA 11.04.01.101 Use of Controlled Substances

No licensee or applicant may have within their body any unauthorized controlled substance while within the enclos ure of or on the premises managed by any racing association or the Racing Commission.(7-1-24)

IDAPA 11.04.01.102 Consumption of Alcohol

No jockey, starter, assistant starter, pony person, outrider, or racing official may have present within his body any amount of alcohol while participating in any horse race held that day.(7-1-24)

IDAPA 11.04.01.103 Testing

The Board of Stewards, or the Racing Commission acting throug h the Business Operations Manager, or ISP designee, may require any licensee or applicant to provide blood, urine, or saliva samples for the purpose of drug or alcohol analysis under either of the following circumstances:(7-1-24)

01.Random Testing. As part of a random testing program.(7-1-24)

02.Reasonable Suspicion. When the Board of Stewards finds that there is reasonable suspicion to believe that the proposed testee has used any controlled substance.(7-1-24)

IDAPA 11.04.01.104 Post-Accident Testing

At its discretion the Board of Stewards may conduct post-accide nt controlled substance or alcohol testing of any licensee or applicant who is involved in a racing or job-related accident on the track or on racing association grounds that requires treatment away from the scene of the accident.(7-1-24)

IDAPA 11.04.01.105 (Reserved)

IDAPA 11.04.01.110 Refusal to Test

01.Refusal to Supply a Sample.

When any licensee or applicant is requested to submit to a drug test in a manner prescribed in these rules, the person must do so in a prompt manner. Refusal to supply such sample will result in:(7-1-24)

a.The immediate suspension of the licensee or applicant; and(7-1-24)

b.A hearing before the Board of Stewards in accordance with IDAPA 11.04.01.A.A5 “Rules Governing Disciplinary Hearings and Appeals,” Section 101.(7-1-24)

02.Suspended from Racing for Refusal to Test.(7-1-24)

a.If the Board of Stewards finds at the hearing that said refusal to test occurred, the licensee or applicant will be suspended from racing for seven (7) calendar days and be subject to random testing for one (1) year.

b.In the event of a finding of just cause the licensee or applicant must submit to a test immediately once the conditions which justly prevented testing abate or can be eliminated.(7-1-24)

03.Subject to Random Testing. In the event a licensee or applicant refuses to test when requested after previously refusing to test or previously testing positive for drugs, that licensee or applicant will be suspended from racing for a period of ninety (90) calendar days and subject to random testing for a period of one (1) year.

IDAPA 11.04.01.111 Testing Procedure

01.Accordance with Esta blished Procedures. Testing must be done in accordance with established medical and law enforcement procedures in the state of Idaho.(7-1-24)

02.Retesting. The sample may be retested at the request of the licensee or applicant at either the laboratory used by the Racing Commission or a separate laboratory selected from a list provided by the Racing Commission. The licensee or applicant is responsible for all costs associated with the retesting of the sample.

IDAPA 11.04.01.112 A Positive Test

On receiving written notice from the approved laboratory that a sample has been found positive for a controlled substance, the Racing Commission will initiate the following procedure:(7-1-24)

01.Notification. The Racing Commission, through the Business Operations Manager or ISP designee, will notify the presiding Steward and forward the test results to the Board of Stewards.(7-1-24)

02.Hearing Set. The Board of Stewards will set a hearing in accordance with IDAPA 11.04.01.A.A5, “Rules Governing Disciplinary Hearings and Appeals,” within the next two (2) racing days or seven (7) calendar days, whichever is less, after they receive notice of a positive test from the. Business Operations Manager or ISP designee.(7-1-24)

03.Written Notice.(7-1-24)

a.Notice of Hearing. Written notice of the hearing must be given to the licensee or applicant as soon as the hearing date is set. The hearing may be held within a shorter or longer period of time if the licensee, employee, or applicant named and the Board of Stewards agree.(7-1-24)

b.Service of Notice. Service must be to the licensee or applicant personally by leaving the notice at the person’s residence with someone of reasonable age and discretion residing therein, or by mail to the person’s last known address. If by mail, service is deemed completed on the third day after mailing.(7-1-24)

04.Opportunity for Explanation. The hearing will conducted before the Board of Stewards pursuant to IDAPA 11.04.01.A.A5, “Rules Governing Disciplinary Hearings and Appeals.” At the hearing, the licensee or applicant will be provided an opportunity to present evidence and explain the positive test.(7-1-24)

05.Confidentiality. The Board of Steward’s hearing must be closed and the facts therein will be kept confidential, unless for use with respect to any subsequent contested hearing or order by the Racing Commission or judicial hearing with regard to such facts. Closure of the hearing and confidentiality of the proceedings may be waived by the licensee, employee, or applicant.(7-1-24)

06.Lacking Satisfactory Explanation. Lacking a satisfactory explanation and documentation or upon the licensee or applicant agreeing with the test results, the Board of Stewards will suspend the licensee or applicant in accordance with Section 113 of these rules.(7-1-24)

IDAPA 11.04.01.113 Procedures Following a Positive Chemical Analysis

01.First Positive Test. For a licensee’s or applicant’s first positive drug test he will not be allowed to participate in racing for seven (7) calendar days and until such time as he has received a substance abuse evaluation and has begun the recommended rehabilitation program. Additionally, the licensee or applicant will be subject to random testing for a period of one (1) year from the date the positive sample was taken.(7-1-24)

02.After Evaluation. After such evaluation, but not before the tolling of the seven (7) calendar days awarded in Subsection 113.01 of these rules, if said licensee’s or applicant’s condition proves non-addictive and not detrimental to the best interest of racing, said licensee or applicant will be allowed to participate in racing provided he can produce a negative test result from a laboratory approved by the Racing Commission and agrees to further testing at the discretion of the Board of Stewards or designated Racing Commission representative to ensure his impairment.

03.Second Violation. For a licensee’s or applicant’s second violation, he will be suspended for ninety (90) consecutive days and until he provides the Board of Stewards with documentation that he has enrolled and is progressing satisfactorily in a certified drug rehabilitation program approved by the Racing Commission.(7-1-24)

04.Third Violation. For a licensee’s or applicant’s third violation, he will be suspended and the case referred to the Racing Commission for consideration of revocation of the individual’s license.(7-1-24)

IDAPA 11.04.01.114 Confidentiality of Test Results

All test results are obtained as part of an inquiry into a perso n’s fitness to be granted or to retain a license and are exempt from public disclosure pursuant to Section 9-304C, Idaho Code. A statistical summary will be made available annually.(7-1-24)

IDAPA 11.04.01.115 Testing Expense

Except for retesting requested by a licensee or applicant, all testing ordered pursuant to these rules, whether blood, urine, or breath, will be at the expense of the Racing Commission. All expense of drug or alcohol evaluation, treatment, reports, and fees will be at the expense of the licensee or applicant undergoing such evaluation or treatment.(7-1-24)

IDAPA 11.04.01.116 (Reserved)

SUB AREA A5: DISCIPLINARY HEARINGS AND APPEALS

(Sections 130-199)

IDAPA 11.04.01.130 Applicability

These rules apply to all proceedings for disciplinary action of licensees and associated proceedings including disqu alification.(7-1-24)

IDAPA 11.04.01.131 Exemption from the Idaho Rules of Administrative Procedure of the

A TTORNEY GENERAL.

01.Findings. In accordance with Section 54-2509(4), Idaho Code, the Racing Commission makes the following findings:(7-1-24)

a.Horse racing is a sport requiring racing officials to make immediate binding decisions affecting the races and participants in the races.(7-1-24)

b.A central element of horse racing is pari-mutuel betting, and public confidence in the outcome of races is critical to the racing industry and the general public.(7-1-24)

c.Racing seasons at certain locations are often very short and involve preliminary and final races requiring quick action in order for disciplinary action to be effective and in order to permit final races to be run without controversy as to the participants and winners.(7-1-24)

d.Nationwide, participants in racing have become accustomed to, and acknowledge the need for, immediate authoritative decisions and quick disciplinary action.(7-1-24)

e.Proceedings by the Board of Stewards are governed exclusively by this chapter.(7-1-24)

IDAPA 11.04.01.132 Disciplinary Action

Only the Board of Stewards or the Racing Commission have the right to impose a fine or suspension.(7-1-24)

IDAPA 11.04.01.133 Written Report

The Board of Stewards must report fines or suspensions imposed in the daily written report submitted to the Racing Co mmission.(7-1-24)

IDAPA 11.04.01.134 Fines

All fines imposed by the Board of Stewards must be paid to the Horsemen’s Bookkeeper immediately after imposition, except:(7-1-24)

01.Otherwise Ordered. As otherwise ordered by the Board of Stewards under these rules;(7-1-24)

02.Stayed by Commission. Stayed by the Racing Commission; or(7-1-24)

03.Stayed by Courts. As stayed by a court of competent jurisdiction.(7-1-24)

IDAPA 11.04.01.135 Suspensions

All suspensions for a specified period of time are to be considered in calendar days. The ruling will show the first and the last day of suspension.(7-1-24)

IDAPA 11.04.01.136 (Reserved)

IDAPA 11.04.01.140 Summary Suspension

If the Board of Stewards determine that a licensee’s actions constitute an immediate danger to the public health, safety or welfare, the Board of Stewards may summarily suspend the license pending a hearing.(7-1-24)

01.Entitlement to Hearing. A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the third day after the license was summarily suspended. The licensee may waive his right to a hearing on the summary suspension within the three (3) day limit.(7-1-24)

02.Issue at Hearing. The Board of Stewards must conduct a hearing on the summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee’s license should remain suspended pending a final disciplinary hearing and ruling.(7-1-24)

IDAPA 11.04.01.141 (Reserved)

IDAPA 11.04.01.142 Proper Notice of All Charges

The Board of Stewards must provide written notice at leas t three (3) days before the hearing to a licensee who is the subject of a disciplinary hearing, except as provided for by these rules regarding summary suspensions. The licensee may waive his right to a three-day notice by executing a written waiver.(7-1-24)

IDAPA 11.04.01.143 (Reserved)

IDAPA 11.04.01.144 Service of Notice

01.Hand Delivery.

If possible, the Board of Stewards or their designee may hand deliver the written notice of the disciplinary hearing to the licensee who is the subject of the hearing.(7-1-24)

02.Mail Delivery. If hand delivery is not possible, the Board of Stewards may mail the notice to the licensee’s last known address, as found in the Racing Commission’s licensing files, by regular mail and by certified mail, return receipt requested.(7-1-24)

03.Disqualification. If the disciplinary hearing involves an alleged medication violation that could result in the disqualification of a horse, the Board of Stewards must provide notice of the hearing to the owner, managing owner or lessee of the horse in the manner provided by Section 144.(7-1-24)

IDAPA 11.04.01.145 Nonappearance

01.Suspension of License. In compliance with these rules the Board of Stewards may suspend the license of a person who fails to appear at a disciplinary hearing after written notice of the hearing has been sent.

IDAPA 11.04.01.146 (Reserved)

IDAPA 11.04.01.160 Ruling

The issues at a disciplinary hearing must be decided by a majority vote of the Stewards. If the vote is not unanimous, the dissenting steward must include a written statement of the reason(s) for the dissent with the record of the hearing.

IDAPA 11.04.01.161 Form of Ruling

A ruling by the Board of Stewards must be on a form presc ribed by the Racing Commission and include:(7-1-24)

01.Personal Information. The full name, date of birth, last record address, license type and license number of the person who is the subject of the hearing;(7-1-24)

02.Charges. A statement of the charges against the licensee, including a reference to the specific section of the Act or rules of the Racing Commission that the licensee is found to have violated;(7-1-24)

03.Dates. The date of the hearing and the date the ruling was issued;(7-1-24)

04.Penalty. The penalty imposed;(7-1-24)

05.Order of Finish. Any changes in the order of finish or purse distribution; and(7-1-24)

06.Other Information. Any other information required by the Racing Commission.(7-1-24)

07.Signing of Ruling. Signatures by a majority of the Stewards.(7-1-24)

IDAPA 11.04.01.162 Service of Ruling

01.Hand Delivery.

If possible, one of the Stewards or their designee may hand deliver a copy of the ruling to the person who is the subject of the ruling.(7-1-24)

02.Mail. If hand delivery is not possible, one of the Stewards may mail the ruling to the person’s last known address, as found in the Racing Commission’s licensing files, by regular mail and by certified mail, return receipt requested.(7-1-24)

03.Copy. A copy of the ruling must be sent to the association of Racing Commissioners International or association of Racing Commissioners International Ruling Database.(7-1-24)

04.Disqualification. If the ruling includes the disqualification of a horse, the Board of Stewards must provide a copy of the ruling to the owner of the horse, the horsemen’s bookkeeper, the appropriate past performance service(s) and the Association of Racing Commissioners International in the manner provided for in these rules.

IDAPA 11.04.01.163 (Reserved)

IDAPA 11.04.01.164 Transfer of Horse Prohibited

The transfer of a horse to avoid application of a Racing Commission rule or ruling is prohibited.(7-1-24)

IDAPA 11.04.01.165 Appeals

Except as provided in Section 170 of these rules, a licensee aggrieved by a ruling of the Board of Stewards may appeal to the Racing Commission. A licensee who fails to file an appeal by the deadline and in the form outlined by these rules waives the right of appeal.(7-1-24)

IDAPA 11.04.01.166 Time Frame for Appeal

An appeal must be filed with the Business Operations Manager or ISP designee of the Racing Commission not later than five (5) calendar days after the entry of the ruling. If the Racing Commission determines the appeal to be frivolous, the appellant may be subject to a fine.(7-1-24)

IDAPA 11.04.01.167 Form of Appeal

01.Form of Appeal.

An appeal must be in writing on a form prescribed by the Racing Commission and include:(7-1-24)

a.The name, address, telephone number and signature of the licensee making the appeal; and

b.A statement of the basis for the appeal.(7-1-24)

02.Bond. The licensee filing the appeal may be required to furnish a bond in the amount of two hundred dollars ($200) to cover the administrative costs and which may be forfeited should the appeal be heard.

IDAPA 11.04.01.168 (Reserved)

IDAPA 11.04.01.169 Payment of Fines During Appeal

If a licensee against whom a fine has been assessed files an appeal of the ruling that assesses the fine, the licensee must pay the fine in accordance with these rules. If the appeal is disposed of in favor of the appellant, the Racing Commission will refund the amount of the fine.(7-1-24)

IDAPA 11.04.01.170 No Appeal from Disqualification for Interference

A decision by the Board of Stewards regarding a disqualification for interference during the running of the race is final and may not be appealed to the Racing Commission.(7-1-24)

IDAPA 11.04.01.171 Hearing on Appeal

The hearing of the Racing Commission on appeal is limited to oral argument regarding issues of law and fact as may be found in the record established before the Board of Stewards, except, the Racing Commission may order a de novo hearing if the Racing Commission determines that exceptional circumstances require it.(7-1-24)

IDAPA 11.04.01.172 (Reserved)

IDAPA 11.04.01.174 Written Arguments

Written arguments and briefs or briefs and motions regarding the appeal will be allowed under such terms as the Commission may direct in its notice of hearing, which will be issued at least twenty-eight (28) days prior to the date set for hearing.(7-1-24)

IDAPA 11.04.01.175 Motions

Requests for postponement and other motions must be filed in writing not later than seven (7) days before the scheduled hearing. The Business Operations Manager or ISP designee may determine whether good cause is shown for the postponement and may grant or deny the request on behalf of the Racing Commission.(7-1-24)

IDAPA 11.04.01.176 (Reserved)

IDAPA 11.04.01.183 Exclusion

The Board of Stewards or Racing Commission may order an individual excluded from all or part of any premises under the regulatory jurisdiction of the Racing Commission if the Stewards, Business Operations Manager or ISP designee, or Racing Commission determine that:(7-1-24)

01.Statutory or Regulatory Exclusion. The individual may be excluded under the statutes or rules of

02.Integrity Exclusion. The individual’s presence on racing association grounds is inconsistent with maintaining the honesty and integrity of racing.(7-1-24)

IDAPA 11.04.01.184 Hearing on Exclusion

An exclusion may be ordered separately or in conjunction with other disciplinary action taken by the Board of Stewards or Racing Commission. (7-1-24)

01.Ordered Separately. If an exclusion is ordered separately, the excluded individual is entitled to a hearing before the Board of Stewards or Racing Commission.(7-1-24)

02.Conduct of Hearing. A hearing on an exclusion is conducted in the same manner as other hearings conducted by the Board of Stewards or Racing Commission.(7-1-24)

03.Effect of Exclusion. If an individual is excluded under these rules, a horse owned or trained by or under the care or supervision of the individual is ineligible to be entered or to start in a race in this jurisdiction.

IDAPA 11.04.01.185 Rulings in Other Jurisdictions

The Racing Commission and the Board of Stewards may ho nor rulings from other pari-mutuel jurisdictions regarding license suspensions, revocation, or eligibility of horses.(7-1-24)

IDAPA 11.04.01.186 Appeals of Reciprocal Rulings

Persons subject to rulings in other jurisdictions have the right to request a hearing before the Racing Commission to show cause why such ruling should not be enforced in this jurisdiction.(7-1-24)

IDAPA 11.04.01.187 (Reserved)

SUBCHAPTER B: RULES GOVERNING LIVE RACES IN THE STATE OF IDAHO

SUB AREA B1: RACING ASSOCIATIONS

(Sections 200-299)

IDAPA 11.04.01.200 Enter, Search and Inspect

Every Racing Association, the Racing Commi ssion, the Stewards or trained and qualified agents of the Idaho State Police, have the right to enter, search and inspect the buildings, stables, rooms and other places where horses which are eligible to race are kept, or where property and effects of the licensee are kept within the grounds of the Racing Association. Any licensee accepting a license is deemed to have consented to such search and to the seizure of any non-approved or prohibited materials, chemicals, drugs or devices and anything apparently intended to be used in connection therewith.(7-1-24)

IDAPA 11.04.01.201 Racing Commission

01.Visit and Inspection.

The Racing Commission or designated representatives will visit and inspect the race meets. Each Racing Association conducting a race meet must make available to the Racing Commission a box of four (4) seats for each day of the race meet. The private cars of Racing Commissioners or designated representatives will have access to the restricted parking area of all tracks.(7-1-24)

02.Association Office. Each Racing Association must furnish and provide an adequate office for the use of the Racing Commission or its designated representatives.(7-1-24)

IDAPA 11.04.01.202 Employees

01.Licenses.

Any Racing Association that employs any person in a capacity that is required to be licensed by the Racing Commission prior to the Racing Commission granting such a license may be subject to suspension or a fine, or both. (7-1-24)

02.Suspension or Fine. The extent of said suspension or fine, or both, is determined by the Board of Stewards.(7-1-24)

03.Report to Stewards. Any licensee who harbors anyone not licensed by the Racing Commission will be immediately reported to the Board of Stewards of the race meet so that they may make investigation thereof and report the fact to the Racing Commission.(7-1-24)

IDAPA 11.04.01.203 Disturbing the Peace

No person will in any manner or at any time disturb the peace or behave in a disorderly manner on the grounds of a Racing Association; nor will any person interfere with the performance of the duties of a racing official or any employee or representative of the Racing Commission.(7-1-24)

IDAPA 11.04.01.204 Ruled Off

01.Admittance to Grounds. No p erson or horse ruled off, or under suspension by any recognized racing authority, will be admitted to or allowed to remain upon the grounds of any Racing Association.(7-1-24)

02.Persons Ruled Off a Track Ineligible. When a person is ruled off a course or suspended, every horse owned in whole or part by him, or under his care, management, training or superintendence, is ineligible to enter or to start in any race until the rescinding of said person’s penalty, or by the placement of the horse or horses in the hands of a licensed Trainer approved by the Stewards.(7-1-24)

IDAPA 11.04.01.205 Prohibited Printed Material

No unauthorized tip sheet, pamphlet or other printed matter, other than official programs, the Daily Racing Form and general newspap ers, are to be sold on the Racing Association grounds.(7-1-24)

01.Copies. Copies of all such materials offered for sale in the parking area or elsewhere on or off the grounds of the Racing Association must be furnished daily to the Presiding State Steward, not later than two (2) hours before first post.(7-1-24)

02.Publishers. All tip sheet publishers and vendors must be licensed by the Racing Commission.

IDAPA 11.04.01.206 (Reserved)

IDAPA 11.04.01.210 Handbooks

No person may make a handbook or a foreign book, or solicit a bet with a handbook or a foreign book on the grounds of a Racing Association.(7-1-24)

IDAPA 11.04.01.211 Bookmakers

01.Entry Prohibited.

The following persons will not be allowed entry into or remain upon the premises of any Racing Association:(7-1-24)

a.A person who is a bookmaker or who is known or reputed to be a bookmaker; (7-1-24)

b.A person who is a vagrant within the meaning of the laws of Idaho;(7-1-24)

c.A person who is a fugitive from justice; (7-1-24)

d. A person whose conduct now or heretofore has been improper, obnoxious, unbecoming or detrimental to the best interest of racing.(7-1-24)

02.Ejection. Upon discovery or recognition, all such persons described in Subsection 211.01 of these rules will be ejected by the Racing Association or representatives and agents of the Racing Commission.(7-1-24)

03.License Revocation. Associating with a person or persons such as described in Subsection 211.01 of these rules may be grounds for the revocation of any license.(7-1-24)

IDAPA 11.04.01.212 Idaho Bred Races

At least one (1) race each day at each race meet must be limited to Idaho bred hors es. If a sufficient class of horses is not available to fill the race, said race may be opened to Idaho bred preferred.(7-1-24)

01.Number of Races. The Racing Secretary must alternate among breeds according to the applicable horsemen’s agreement.(7-1-24)

02.Certificate of Registration. The owners’ certificate of registration is proof that horses entered in such races were bred in Idaho.(7-1-24)

IDAPA 11.04.01.213 Breeder Awards

A sum equal to ten percent (10%) of the first place purse money won by an Idaho bred horse must be paid by the Racing Association to the breeder of such horse. All purse moneys derived from pari-mutuel racing and all purse enhancement moneys from the Idaho State Racing Commission are included in the calculation of these breeder payments. All nominating and sustaining fees, and any moneys from outside sponsors are excluded from the calculation of these breeder payments.(7-1-24)

IDAPA 11.04.01.214 Breed Associations

Pursuant to Section 54-2513, Idaho Code, on or before December 15 of each year, representatives of each breed which received money the preceding year must file a financial report showing disposition of any funds thus received.

01.Failure to File. Failure to file such report is grounds for the Racing Commission to deny approval of any future disbursement to that breed.(7-1-24)

02.Representatives. “Lawfully constituted representatives of each breed” is the designated representative of the one (1) recognized breed organization for each breed racing in Idaho that has established itself as the traditional breed acknowledged by the Racing Commission.(7-1-24)

IDAPA 11.04.01.215 (Reserved)

IDAPA 11.04.01.220 Racing Association License

No person may conduct a live race meet unless they possess a valid Racing Association license issued by the Racing

IDAPA 11.04.01.221 Racing Association License Fees

Every Racing Association conducting a race meet in Idaho must pay a fee of twenty-five dollars ($25) for each day of raci ng, except as otherwise provided in Title 54, Chapter 25, Idaho Code.(7-1-24)

IDAPA 11.04.01.222 Racing Association License Applications

Applications for Racing Association licenses must be made on forms approved by the Racing Commission. The Commission sets the application date.(7-1-24)

IDAPA 11.04.01.223 Applications for Succeeding Seasons

Applications for a license to c onduct a race meet during the next succeeding season must be filed with the Racing Commission over the signature of an Business Operations Manager or ISP designee of the Racing Association. The Racing Commission sets the application date.(7-1-24)

IDAPA 11.04.01.224 Horsemen’s Agreement

Every Racing Association must have in effect a signed Horsemen’s Agreement.(7-1-24)

IDAPA 11.04.01.225 Racing Associations Operation

01.Requirements. The scope of the Racing Associations operation and plant facilities will determine the Racing Commission’s requirements for the following:(7-1-24)

a.Proof of financial stability;(7-1-24)

b.Names of stockholders;(7-1-24)

c.Medical and veterinary facilities;(7-1-24)

d.Lodging facilities; and(7-1-24)

e.Protective facilities.(7-1-24)

02.Additional Information. The Racing Commission or Idaho State Police may require additional background information of applicants or licensees.(7-1-24)

IDAPA 11.04.01.226 (Reserved)

IDAPA 11.04.01.230 Report of Funds

Pursuant to Section 54-2513, Idaho Code, prior to or at the time of making application for licensing Racing Associations which received money the preceding year must file a financial report with the Racing Commission showing disposition of any funds thus received.(7-1-24)

IDAPA 11.04.01.231 Approval of Racing Association Licenses

The Racing Commission will consider each application for a Racing Association license individually and decide whether to grant the license or not on a case by case basis.(7-1-24)

IDAPA 11.04.01.232 License Granted Upon Conditions

Every Racing Association license is granted upon the condition that the licensee accept, observe and enforce the Racing Commission rules.(7-1-24)

01.Duty. It is the duty of each and every officer to observe and enforce the Racing Commission rules.

02.Investigations. The Racing Commission may require background investigations, fingerprints and photographs of Racing Association officers, stockholders or employees.(7-1-24)

IDAPA 11.04.01.233 Refusal to Issue License

The Racing Commission may refuse to issue a Racing Association license when such refusal appears to be for the best interest of racing and of the public. The Racing Commission will, in deciding upon applications for Racing Association licenses, consider the following matters:(7-1-24)

01.Properly Develop. The opportunity for the sport to properly develop.(7-1-24)

02.Competition. The avoidance of competition with established tracks in Idaho.(7-1-24)

03.Community Support. The extent of community support for the promotion and continuance of the tracks.(7-1-24)

04.Reputation. The character and reputation of the persons identified with the Racing Association.

05.Safety. The general conditions and safety of the Racing Association facilities.(7-1-24)

IDAPA 11.04.01.234 Fingerprints -- Photograph

Every person holding a Racing Association license in Idaho, and every person that holds such a license who is an officer or director of a Racing Association that is in any capacity connected to any extent with the pari-mutuel wagering business in this State, must, on demand, furnish his fingerprints and photograph to the Racing Commission for its files. Fingerprints and photograph are to be taken at such time and place and in such manner as the Racing Commission may from time to time direct and prescribe.(7-1-24)

IDAPA 11.04.01.235 (Reserved)

IDAPA 11.04.01.240 Racing Dates

Application for racing dates must be made on forms approved by the Racing Commission. Application for racing dates does not commit the Racing Commission to the granting of a license to conduct race meets upon the dates requested.(7-1-24)

IDAPA 11.04.01.241 License Not Transferable

No Racing Association license or any part thereof is tra nsferable or assignable without the consent of the Racing Commission and said license is not valid for any racing days other than those approved by the Racing Commission.

IDAPA 11.04.01.242 Proposed Officials

Thirty (30) days prior to the first day of a race meet the Racing Association must submit in writing to the Racing Commission all names and personal data of proposed officials for processing for licensing. No official may act until approved by the Racing Commission. A Racing Commission representative at the track will process substitutions.

The required form will be provided by the Racing Commission.(7-1-24)

01.Hardship. To avoid undue hardship the Racing Commission may authorize Racing Associations to allow officials other than Stewards to act in dual capacities.(7-1-24)

IDAPA 11.04.01.243 Racing Associations: General Rules

01.Laws and Rules.

The laws of Idaho and the rules promulgated by the Racing Commission supersede the conditions of the race or the regulations of a race meet.(7-1-24)

02.Racing Hours. Each Racing Association may conduct horse racing only between the hours of 12:00 noon and 12:00 midnight, unless otherwise specifically authorized by the Racing Commission.(7-1-24)

03.Conditions of Races. Each Racing Association must file with the Racing Commission the conditions of races it proposes to hold together with the stakes, purse or rewards.(7-1-24)

04.Open Market. Owners and stables participating in race meets operating under license of the Racing Commission may purchase feed and supplies on the open market. No Racing Association may grant exclusive concessions which will interfere with this right.(7-1-24)

05.Toilets and Other Facilities. Each Racing Association must on every racing day provide and maintain adequate toilet facilities and facilities for furnishing drinking water for its patrons and persons having business at the track.(7-1-24)

06.Tampering. Each Racing Association must provide protection facilities to prevent tampering with horses or any other corrupt practices at licensed race meets. The Racing Commission may at any time require Racing Associations to expand their protective services.(7-1-24)

07.Fire Regulations Posted. Every Racing Association must post in the stable area of its premises the fire regulations applicable on its grounds and state the location of the nearest fire alarm box and the telephone number of the fire department or other pertinent instructions as to the method for reporting a fire in the area. Such notices must be posted no more than one hundred (100) feet apart or as approved by the local fire authority. No Racing Association or other person may violate the posted fire regulations specified by the Racing Commission.(7-1-24)

08.Credentials. A full record of credentials issued by the Racing Association must be compiled and open to inspection at all times with all additions made to or changes in the list of employees of any Racing Association reported promptly to the Racing Commission in writing.(7-1-24)

09.Horse Ambulance. Racing Associations must furnish, maintain, and have available a horse ambulance, as required by the Racing Commission, for each day that the track is open for racing or exercising during the race meet.(7-1-24)

10.Human Emergency Medical Response Vehicle. Racing Associations must furnish and maintain a human emergency medical response vehicle, as required by the Racing Commission, for each day that the track is open for racing or exercising during the race meet. If the human emergency medical response vehicle is being used to transport an individual, the Racing Association may not conduct a race until the ambulance is replaced.(7-1-24)

11.Medical Professionals. Racing Associations must have a licensed physician, registered nurse, paramedic or licensed emergency medical technician on duty at the track on each day of racing and also provide adequate first aid and medical facilities to protect patrons and participants at licensed race meets.(7-1-24)

12.Comfort and Safety. Racing Associations must at all times maintain the premises in good condition and properly secured, with special consideration for the comfort and safety of the public, of the horses and of all others present.(7-1-24)

13.Violators. Violators of any rules are subject to ejection from the grounds, fine, suspension, being ruled off or any combination of the preceding.(7-1-24)

14.Post Notices. Racing Associations must promptly post Racing Commission notices in places that can be easily viewed by licensees.(7-1-24)

IDAPA 11.04.01.244 Horsemen’s Account

Unless otherwise authorized by the Racing Commission and consistent with the Horsemen’s agreement pertaining to the Horsemen’s account, each Racing Association must keep an account, to be known as the “Horsemen’s Account,” with sufficient funds at all times in such account to cover all monies due horsemen in regard to purses, stakes, rewards, claims and deposits.(7-1-24)

01.Subject to Review or Audit. The account is at all times be subject to review or audit by the Racing

02.Bonded. The horsemen’s bookkeeper is in charge of such an account and must be insured against crime or employee dishonesty in a manner approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.245 (Reserved)

IDAPA 11.04.01.250 Purse Money

Purse money must be made available to the winners promptly following release by the Racing Commission or its representative.(

01.Release. Release will be given when test results of the horse’s urine, blood or other specimens have been reported to the Racing Commission.(7-1-24)

02.Breeder’s Awards. Breeder’s awards will be payable when the purse is cleared.(7-1-24)

03.Weekly Remittance. The one-half (1/2) of one percent (1%) to benefit owners or breeders is to be remitted weekly by the Racing Association to the Racing Commission for distribution quarterly to the representatives of each breed.(7-1-24)

IDAPA 11.04.01.251 Communication

01.Communication System.

Racing Associations must provide and maintain in good working order a communication system between racing officials and locations as determined by the Racing Commission.(7-1-24)

02.Public Address System. Racing Associations must provide and maintain a public address system capable of clearly transmitting announcements to the patrons and to the stable area.(7-1-24)

IDAPA 11.04.01.252 Documents Filed with Racing Commission

Not less than thirty (30) days before opening a race meet each Racing Association must file with the Racing Commission the following:(7-1-24)

01.Bond. A bond signed by a surety company licensed to do business in this State in such form and in the sum as may be required by the Racing Commission, conditioned that the association will pay to the state of Idaho all money due under the provisions of Title 54, Chapter 25, Idaho Code.(7-1-24)

02.Liability Insurance. Proof of public liability insurance by a company licensed to do business in this State in such form and in the amount as may be required by the Racing Commission for the protection of the public, the exhibitors and visitors.(7-1-24)

03.Accident Insurance or Workmen’s Compensation Insurance. Proof of an accident insurance policy or workmen’s compensation insurance policy issued by a company licensed to do business in Idaho for the protection of Jockeys and exercise persons for injuries incurred in connection with race meets in such form and amount as may be required by the Racing Commission.(7-1-24)

IDAPA 11.04.01.253 Horse Race Tracks

01.Track Width.

A minimum of twenty (20) feet of track width must be allowed for the first two (2) horses in a race, with an additional five (5) feet for each added starter.(7-1-24)

02.Implements. Racing Associations must provide adequate equipment and personnel to maintain the track surface in a safe training and racing condition and provide back-up equipment for maintaining the track surface.

03.Limit on Number of Horses. No more than eight (8) horses may start in any race on a one-half (1/ 2) mile track.(7-1-24)

04.Racing Surface. The surface of a racetrack, including the cushion, subsurface and base, must be designed, constructed and maintained to provide for the safety of the jockeys and horses.(7-1-24)

05.Rails. Race tracks must have inside and outside rails, including gap rails, designed, constructed and maintained to provide for the safety of jockeys and horses. The design and construction of rails must be approved by the Racing Commission prior to the first race meet at the track.(7-1-24)

IDAPA 11.04.01.254 Jockey Room

Each Racing Association must provide a room reserved for jockeys to prepare for a race.(7-1-24)

IDAPA 11.04.01.255 Officials’ Stands

Racing Associations must provide adequate s tands for officials to have a clear view of the racetrack. The location and design of the stands must be approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.256 Photo Finish Devices

Racing Associations must provide two (2) electronic photo fi nish devices with mirror image to photograph the finish of each race and record the time of each horse in at least hundredths of a second.(7-1-24)

01.Location. The location and operation of the photo finish devices must be approved by the Racing Commission before its first use in a race.(7-1-24)

02.Posting Photographs. The Racing Association must promptly post a photograph of each photo finish for win, place or show in an area accessible to the public.(7-1-24)

03.Devices Calibrated. The Racing Association must ensure that the photo finish devices are calibrated before the first day of each race meet and at other times as required by the Racing Commission.(7-1-24)

04.Print Provided. On request by the Racing Commission, the Racing Association must provide, without cost, a print of a photo finish to the Racing Commission.(7-1-24)

05.Records. Photo finish records of each race must be maintained by the Racing Association for not less than six (6) months after the end of the race meet, or such other period as may be requested by the one of the stewards or the Racing Commission.(7-1-24)

IDAPA 11.04.01.257 Videotaping System

Racing Associations must provide a videotaping system approved by the Racing Commission. Cameras must be located to provide clear panoramic and head-on views of each race.(7-1-24)

01.Monitors. Separate monitors that simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review must be provided in the stewards’ stand.(7-1-24)

02.Location. The location and construction of video towers must be approved by the Racing

03.Stewards. The Board of stewards may, at their discretion, direct the video camera operators to videotape the activities of any horses or persons handling horses prior to, during or following a race.(7-1-24)

04.Oval Track. Races run on an oval track must be recorded by at least three (3) video cameras.

05.Straight Course. Races run on a straight course must be recorded by at least two (2) video cameras.(7-1-24)

06.Videotape Copy. Racing Associations must, upon request, provide to the Racing Commission, without cost, a copy of a videotape of a race.(7-1-24)

07.Videotapes Maintained. Videotapes recorded prior to, during and following each race must be maintained by the Racing Association for not less than six (6) months after the end of the race meet, or such other period as may be requested by the Board of stewards or the Racing Commission.(7-1-24)

08.Objection. Following any race in which there is an inquiry or objection, the Racing Association must display to the public on designated monitors the videotaped replays of the incident in question which were utilized by the Board of stewards in making their decision.(7-1-24)

IDAPA 11.04.01.258 (Reserved)

IDAPA 11.04.01.270 Starting Gate

All horse races must utilize a starting gate approved by the Racing Commission, except that with permission of the Board of Stewards a race may be started with or without a gate. When the starting gate is used, it must be placed on the track at the direction of the Starter.(7-1-24)

01.Training Hours. Racing Associations must make at least one (1) starting gate and qualified starting gate personnel available for schooling during designated training hours.(7-1-24)

02.Backup Equipment. If a race is started at a place other than in a chute, the Racing Association must provide and maintain in good operating condition backup equipment for moving the starting gate. The backup equipment must be immediately available to replace the primary moving equipment in the event of failure. (7-1-24)

IDAPA 11.04.01.271 Distance Markers

Racing Associations must provide starting point markers and distance poles in a size and position that is clearly seen from the stewards’ stand.(7-1-24)

IDAPA 11.04.01.272 Barns

Racing Associations must provide barns containing a suf ficient number of stalls to accommodate all horses approved to race and all other horses approved to be on the grounds. The Racing Association's stable area configuration and facilities must be approved by the Racing Commission.(7-1-24)

01.Good Repair. Racing Associations must ensure that the barns are kept clean and in good repair, have a water supply available, be well-ventilated, have proper drainage, and be constructed to be comfortable during the race meet.(7-1-24)

02.Stall Size. Racing Associations must ensure that each horse is stabled in an individual box stall with minimum dimensions of ten feet by ten feet (10’ x 10’).(7-1-24)

IDAPA 11.04.01.273 Test Area

Racing Associations must provide a test area for taking specimen s of urine, blood, hair or other bodily substances or tissues for testing, and limit access to the test area to persons authorized by the commission veterinarian.(7-1-24)

IDAPA 11.04.01.274 Isolation Area

Racing Associations must provide an is olation area, approved by the Racing Commission, for the care and treatment of a horse that is ordered isolated by the commission veterinarian.(7-1-24)

IDAPA 11.04.01.275 Security

Racing Associations conducting live race meets mus t maintain security controls over their grounds. Security controls are subject to the approval of the Racing Commission.(7-1-24)

01.Restricted Areas. Racing Associations must restrict access of licensees or their guests to certain areas of the grounds. Those restricted areas are the Paddock, Jockey Room, Veterinarian’s Test Area, the Steward’s Stand, the Mutuel Room, racing offices and any other area the Racing Association feels should be limited access.

02.Escort Guests. Any licensee may escort an unlicensed guest through the enclosure of a Racing Association except restricted areas. The licensee and the guest must sign in and out and identify all such persons. The licensee by signing accepts full responsibility for the safety and actions of the guest while in the enclosure. (7-1-24)

03.Passes. Racing Associations may establish a system or method of issuing credentials or passes to restrict access to its restricted areas or to ensure that all participants at its race meet are licensed as required by these

04.Prevent Access. Racing Associations must prevent access to and remove or cause to be removed from its restricted areas any person who is unlicensed, or who has not been issued a visitor's pass or other identifying credential, or whose presence in such restricted area is unauthorized.(7-1-24)

05.List of Security Personnel. On request by the Racing Commission, a Racing Association must provide a list of the security personnel, including the name, qualifications, training, duties duty station and area supervised by each employee.(7-1-24)

06.Daily Reports. Each day, the chief of security for a Racing Association must deliver a written report to the Board of stewards regarding occurrences on Racing Association grounds on the previous day. Not later than twenty-four (24) hours after an incident occurs requiring the attention of security personnel, the chief of security must deliver to one of the stewards a written report describing the incident. The report must include the name of each individual involved in the incident, the circumstances of the incident and any recommended charges against each individual involved.(7-1-24)

IDAPA 11.04.01.276 Complaints

Racing Associations must promptly notify the Racing Commission of any complaints regarding:(7-1-24)

01.Vi olations. Alleged violation of Section 54-2501, Idaho Code, ordinances or statutes, or a rule of the Racing Commission;(7-1-24)

02.Accidents or Injuries.(7-1-24)

03.Unsafe Conditions. Unsafe or unsanitary conditions for patrons, licensees or horses.(7-1-24)

IDAPA 11.04.01.277 Exclusion and Ejection

Racing Associations must immediately, upon notification by the Racing Commission, take steps to bar admittance to the raci ng grounds to any person who is subject to an exclusion order of the Racing Commission.(7-1-24)

01.Lawful Reason. Racing Associations may eject or exclude a person for any lawful reason. Racing Associations must immediately notify one of the stewards and the Racing Commission in writing of any person ejected or excluded by the Racing Association and the reasons for the ejection or exclusion.(7-1-24)

02.Readmission. Any person ejected from the grounds of a Racing Association will be denied readmission to said grounds until permission has been approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.278 (Reserved)

SUB AREA B2: RULES GOVERNING RACING OFFICIALS

(Sections 300-399)

IDAPA 11.04.01.300 Licensed Racing Officials

No person may act as a racing official pri or to being licensed by the Racing Commission to act in that capacity. The Racing Commission, in its sole discretion, may determine the qualifications of a racing official and, in its sole discretion, may license or not license any such official.(7-1-24)

IDAPA 11.04.01.301 Racing Officials

01.Officials. Of ficials at a race meet may include the following:(7-1-24)

a.Stewards;(7-1-24)

b.Racing Secretary;(7-1-24)

c.Horsemen’s Bookkeeper;(7-1-24)

d.Paddock Judge;(7-1-24)

e.Identifier;(7-1-24)

f.Clerk of Scales;(7-1-24)

g.Jockey Room Custodian;(7-1-24)

h.Starter;(7-1-24)

i.Timer;(7-1-24)

j.Clocker;(7-1-24)

k.Patrol Judge;(7-1-24)

l.Placing Judge; and(7-1-24)

m.Commission Veterinarian;(7-1-24)

02.Other Persons. Any other person designated by the Racing Commission.(7-1-24)

IDAPA 11.04.01.302 Racing Official Qualifications

All racing officials must be:(

01.Of Good Character. Pass all Racing Commission background and fingerprint requirements.

02.Experienced. Experienced and knowledgeable in racing.(7-1-24)

03.Familiar with Rules. Familiar with the duties of the position and with the Racing Commission's

04.Mentally and Physically Able. Mentally and physically able to perform the duties of the job.

05.In Good Standing. In good standing and not under suspension or ineligible in any racing jurisdiction.(7-1-24)

IDAPA 11.04.01.303 Prohibited Practices

While serving in an official capacity , racing officials may not:(7-1-24)

01.Ownership. Participate in the sale, purchase, or ownership of any horse that is racing at the meeting.(7-1-24)

02.Sell Insurance. Sell or solicit horse insurance on any horse racing at the meeting.(7-1-24)

03.Licensed in Other Capacity. Be licensed in any other capacity without permission of the Racing Commission, or in case of an emergency, the permission of one of the stewards.(7-1-24)

04.Wager. Wager on the outcome of any race at the race meet where they are officiating.(7-1-24)

05.Consume Alcohol. Consume or be under the influence of alcohol or any prohibited substances.

IDAPA 11.04.01.304 Report of Violations

Racing officials must report immediately to the Board of stewards every observed violation of any Racing Com mission rules and applicable state or federal laws.(7-1-24)

IDAPA 11.04.01.305 (Reserved)

IDAPA 11.04.01.310 Complaints Against Officials

01.Complaints Against Racing Official.

Any complaint against a racing official other than a steward must be made to the Board of stewards in writing and signed by the complainant. All such complaints must be reported to the Racing Commission by the stewards, together with a report of the action taken or the recommendation of the stewards.(7-1-24)

02.Complaints Against Stewards. Complaints against any steward must be made in writing to the Racing Commission and signed by the complainant.(7-1-24)

03.Responsible for Subordinates. A racing official may be held responsible by the Board of stewards or the Racing Commission for the actions of any person they supervise.(7-1-24)

IDAPA 11.04.01.311 Substitute Officials

When an emergency vacancy exists among racing officials, Board of the stewards or the racing association must fill the vacancy immediately subject to the stewards' approval. Such appointment must be reported to the Racing Commission and will be effective until the vacancy is filled in accordance with these rules.(7-1-24)

IDAPA 11.04.01.312 Substitute Stewards

Should any steward be abs ent at race time, and no approved alternate steward be available, the remaining Board of stewards must appoint a substitute for the absent steward. If a substitute steward is appointed, the Racing Commission and the racing association must be notified by the stewards.(7-1-24)

IDAPA 11.04.01.313 Stewards Qualifications

To qualify for appointment as a Steward, the appointee mus t meet the experience, education and examination requirements necessary to be accredited by the Racing Officials Accreditation Program in association with the Universities of Arizona and Louisville and be in good standing with all racing jurisdictions. The Racing Commission may, with good cause, waive some or all of the requirements of this section.(7-1-24)

IDAPA 11.04.01.314 Stewards General Authority

The Board of stewards for each ra ce meet are responsible to the Racing Commission for the conduct of the race meet in accordance with the laws of Idaho and all Racing Commission rules.(7-1-24)

01.Jurisdiction. The Board of Stewards’ jurisdiction in any matter commences thirty (30) days prior to the first day of a race meet and extends up to and including ninety (90) days following the conclusion of a race meet. However, the Racing Commission may, at its discretion, extend this time period if any matter is not resolved after the conclusion of ninety (90) days.(7-1-24)

02.Suspensions and Fines. The Board of Stewards may suspend licenses for a period not to exceed one hundred eighty (180) days, or impose fines not to exceed twenty-five hundred dollars ($2500) or they may impose both such fine and suspension.(7-1-24)

03.Reported. All such suspensions and fines must be reported to the Racing Commission.(7-1-24)

04.Stewards Enforce Rules. The Board of stewards shall enforce all Racing Commission rules and the racing laws of the State of Idaho.(7-1-24)

05.Supervision of Officials and Others. The stewards' authority includes supervision of all racing officials, track management, licensed personnel, other persons responsible for the conduct of racing, and patrons, as necessary to insure compliance with any Racing Commission rules.(7-1-24)

06.Resolve Conflicts. The Board of stewards have authority to resolve conflicts or disputes related to racing and to discipline violators in accordance with the provisions of any Racing Commission rules.(7-1-24)

07.Interpret Rules. The stewards have the authority to interpret the rules and to decide all questions of racing not specifically covered by the rules.(7-1-24)

08.Other. Matters not covered by Racing Commission rules must be determined by the Board of Stewards in conformity with justice and in the best interest of racing.(7-1-24)

IDAPA 11.04.01.315 Number of Stewards

Three (3) Stewards must supervise each race meet;(7-1-24)

01.Presiding State Steward. One (1) steward will be assigned, and compensated by the Racing Commission to be the Presiding State Steward;(7-1-24)

02.Deputy State Stewards. Two (2) stewards will be assigned by the Racing Commission to be the Deputy State Stewards and will be compensated by the Racing Commission.(7-1-24)

IDAPA 11.04.01.316 Stewards on Duty

On each entry, scratch and racing day at least one (1) Steward must be on duty at regularly posted hours. Such duty includes and is not limited to scratch time and when races are drawn. On race day the full Board of Stewards must sit in regular session to exercise the authority and perform the duties imposed.(7-1-24)

IDAPA 11.04.01.317 Stewards’ Presence

01.In Stands.

There must be three (3) Stewards in the stands when a race is being run.(7-1-24)

02.Notice. The Board of Stewards must take notice of any questionable conduct with or without complaint thereof.(7-1-24)

03.Investigations. The Board of Stewards must investigate promptly and render a decision in every protest and in every complaint properly made to them.(7-1-24)

IDAPA 11.04.01.318 Order of Finish

The Board of stewards determine the official order of finish for each race in accordance with the rules governing horse racing in Idaho. The decision of the Board of stewards as to the official order of finish, including the disqualification of a horse or horses as a result of any event occurring during the running of the race, must be final for purposes of distribution of the pari-mutuel wagering pool.(7-1-24)

IDAPA 11.04.01.319 Cancel Wagering

The Board of stewards have the authority to cancel wagering on an individual betting interest or on an entire race and also have the authority to cancel a pari-mutuel pool for a race or races, if such action is necessary to protect the integrity of pari-mutuel wagering.(7-1-24)

IDAPA 11.04.01.320 (Reserved)

IDAPA 11.04.01.330 Substitute Jockey

The Board of Stewards for reasonable cause may substitut e a Jockey of their selection on any horse.(7-1-24)

IDAPA 11.04.01.331 Temporary Charge

The Board of Stewards for reasonable cause may place a horse in the temporary char ge of a Trainer of their selection.

IDAPA 11.04.01.332 Stewards Daily Reports

The Board of stewards must prepare a dai ly report, on a form approved by the Racing Commission, detailing their actions and observations made during each day's race program. The report must contain the name of the racetrack, the date, the weather and track conditions, claims, inquiries, and objections and any unusual circumstances or conditions.

The report must be signed by each steward and be filed with the Racing Commission not later than twenty-four (24) hours after the end of each race day.(7-1-24)

IDAPA 11.04.01.333 Presiding Stewards Log

The presiding state steward must maintain a detailed log of the stewards' official activities that describes all questions, disputes, protests, complaints, or objections brought to the attention of the Board of stewards and all interviews, investigations and rulings made by the Board of stewards. The log must be available at all times for inspection by the Racing Commission or its designee.(7-1-24)

IDAPA 11.04.01.334 Race Meet Report

Not later than seven (7) days after the last day of a race meet, the pres iding steward must submit to the Racing Commission a written report regarding the race meet that contains:(7-1-24)

01.Observations. The Stewards' observations and comments regarding the conduct of the race meet and the overall conditions of the racing association grounds during the race meet; and(7-1-24)

02.Recommendations. Any recommendations for improvement by the racing association or action by

IDAPA 11.04.01.335 Steward’s List

The Board of stewards must maintain a Stewards ' List of the horses which are ineligible to be entered in a race because of poor or inconsistent performance or behavior on the racetrack that endangers the health or safety of other participants in racing.(7-1-24)

01.Ownership. The Board of stewards may place a horse on the Stewards' List when there exists a question as to the exact identification or ownership of said horse.(7-1-24)

02.Inconsistent Performance. A horse which has been placed on the Stewards' List because of inconsistent performance or behavior, may be removed from the Stewards' List when, in the opinion of the stewards, the horse can satisfactorily perform competitively in a race without endangering the health or safety of other participants in racing.(7-1-24)

03.Identity Established. A horse which has been placed on the Stewards' List because of questions as to the exact identification or ownership of said horse, may be removed from the Stewards' List when, in the opinion of the stewards, proof of exact identification or ownership has been established.(7-1-24)

IDAPA 11.04.01.336 (Reserved)

IDAPA 11.04.01.340 Racing Secretary

The racing secretary is responsible for the programming of races during the race meet, compiling and publishing condition books, assigning weights for handicap races, and must receive all entries, declarations and scratches.

IDAPA 11.04.01.341 Foal, Health, and Other Eligibility Certificates

The racing secretary is responsible for receiving, ins pecting and safeguarding the foal and health certificates, Equine Infectious Anemia (EIA) test certificates and other documents of eligibility for all horses competing at the track or stabled on the grounds.(7-1-24)

01.Alteration of Sex. The racing secretary determines that the alteration of the sex of a horse has been recorded on the horse's foal certificate and report such to the appropriate breed registry and past performance services.(7-1-24)

02.Posterior Digital Neurectomy. The racing secretary must record on a horse's registration certificate when a posterior digital neurectomy (heel nerving) is performed on that horse.(7-1-24)

IDAPA 11.04.01.342 List of Bred Fillies and Mares

The racing secretary must maintain a list of all fillies or m ares on racing association grounds who have been covered by a stallion. The list must also contain the name of the stallion to which each filly or mare was bred and be made available for inspection by other licensees participating in the race meet.(7-1-24)

IDAPA 11.04.01.343 Allocation of Stalls

The racing secretary determines that stabl es are properly assigned and maintain a record of arrivals and departures of all horses stabled on racing association grounds.(7-1-24)

IDAPA 11.04.01.344 Conditions

The racing secretary determines that all conditions and eligib ility requirements for entering races meet Racing Commission rules and cause them to be published to owners, trainers and the Racing Commission and be posted in the racing secretary's office.(7-1-24)

01.Winnings Included. For the purpose of establishing conditions, winnings must be considered to include all monies and prizes won up to the time of the start of a race.(7-1-24)

02.Winnings Calculated. Winnings during the year must be calculated by the racing secretary from the preceding January 1.(7-1-24)

IDAPA 11.04.01.345 (Reserved)

IDAPA 11.04.01.350 Listing of Horses

The racing secretary must:(

01.Examine Entry Blanks. Examine all entry blanks and declarations to verify information as set forth therein;(7-1-24)

02.Select Horses. Select the horses to start and the also eligible horses from the declarations in accordance with Racing Commission rules.(7-1-24)

IDAPA 11.04.01.351 Posting of Entries

Upon completion of the draw each day, the racing secretary must post a list of entries in a conspicuous location in the racing office and make the list available to the media.(7-1-24)

IDAPA 11.04.01.352 Daily Program

The racing secretary must publish the of ficial daily program, ensuring the accuracy therein of the following information:(7-1-24)

01.Sequence of Races. Sequence of races to be run and post time for the first race;(7-1-24)

02.Purse, Conditions, and Distance. The purse, conditions and distance for each race, and current track record for such distance;(7-1-24)

03.Owner’s Name. The name of licensed owners of each horse, indicated as leased, if applicable, and description of racing colors to be carried;(7-1-24)

04.Trainer and Jockey. The name of the trainer and the name of the jockey named for each horse together with the weight to be carried;(7-1-24)

05.Post Position. The post position and saddle cloth number or designation for each horse if there is a variance with the saddle cloth designation;(7-1-24)

06.Horse Identification. Identification of each horse by name, color, sex, age, sire and dam; and

07.Other Information. Such other information as may be requested by the racing association or the

IDAPA 11.04.01.353 Nominations and Declarations

The racing secretary must exami ne nominations and declarations and early closing events, late closing events and stakes events to verify the eligibility of all declarations and nominations and compile lists thereof for publication.

IDAPA 11.04.01.354 (Reserved)

IDAPA 11.04.01.360 Stakes and Entrance Money Records

The racing secretary is the caretaker of the permanent records of all stakes and verifies that all entrance monies due are paid prior to entry for races conducted at the meeting.(7-1-24)

IDAPA 11.04.01.361 Horsemen’s Bookkeeper

The horsemen's bookkeeper needs to maintain the rec ords and accounts and perform the duties described herein and maintain such other records and accounts and perform such other duties as the racing association and Racing Commission may prescribe.(7-1-24)

IDAPA 11.04.01.362 Financial Assurance

The horsemen's bookkeeper needs to be insured against crime or employee dishonesty in a manner approved by the

IDAPA 11.04.01.363 Horsemen’s Bookkeeper Records

The records must include the name, mailing address, social security number or federal tax identification number, and the state or country of residence of each horse owner, trainer or jockey participating at the race meet who has funds due or on deposit in the horsemen's account.(7-1-24)

01.Records Kept Separate. All records of the horsemen's bookkeeper must be kept separate and apart from the records of the racing association.(7-1-24)

02.Records Subject to Inspection. All records of the horsemen's bookkeeper including records of accounts and monies and funds kept on deposit are subject to inspection by the Racing Commission at any time.

03.Record of Winnings. The horsemen’s bookkeeper must maintain the record of applicable winning races on all apprentice certificates at the meeting.(7-1-24)

04.Apprentice Jockey Certificates. The horsemen’s bookkeeper must release apprentice jockey certificates, upon the jockey's departure or upon the conclusion of the race meet.(7-1-24)

IDAPA 11.04.01.364 Monies and Funds on Account

All monies and funds on account with the horsemen's bookkeeper must be maintained:(7-1-24)

01.Separate. Separate and apart from monies and funds of the racing association;(7-1-24)

02.Insured Account. In an account insured by the Federal Deposit and Insurance Corporation or the Federal Savings and Loan Insurance Corporation.(7-1-24)

IDAPA 11.04.01.365 Payment of Purses

The horsemen's bookkeeper must receive, maintain and disburse the purses of each race and all stakes, entrance money, jockey fees, purchase money in claiming races, along with all applicable taxes and other monies that properly come into horsemen’s bookkeeper possession in accordance with the provisions of Racing Commission rules and any applicable State or Federal statutes.(7-1-24)

01.Disbursement Upon Request. The horsemen's bookkeeper must disburse the purse of each race and all stakes, entrance money, jockey fees and purchase money in claiming races, along with all applicable taxes, upon request, within forty-eight (48) hours of receipt of notification that all tests with respect to such races have cleared the drug testing laboratory(ies) as reported by the Board of stewards or the Racing Commission, except that minimum jockey mount fees may be disbursed prior to notification that the tests have cleared the testing laboratory(ies).(7-1-24)

02.No Prior Request. Absent a prior request, the horsemen's bookkeeper must disburse monies to the persons entitled to receive same within fifteen (15) days after the last race day of the race meet, including purses for official races, provided that all tests with respect to such races have cleared the drug testing laboratory(ies) as reported by the stewards, and provided further that no protest or appeal has been filed with the Board of stewards or

03.Disbursement Not A Finding. The fact that purse money has been distributed prior to the issuance of a laboratory report may not be deemed a finding that no chemical substance has been administered, in violation of any Racing Commission rules, to the horse earning such purse money.(7-1-24)

04.Protests. In the event a protest or appeal has been filed with the Board of stewards or the Racing Commission, the horsemen's bookkeeper must disburse the purse within forty-eight (48) hours of receipt of dismissal or a final non-appealable order disposing of such protest or appeal.(7-1-24)

IDAPA 11.04.01.366 Other Monies

The horsemen's bookkeeper may accept monies due belonging to other organizations or recognized race meets, provided prompt return is made to the organization to which the money is due.(7-1-24)

IDAPA 11.04.01.367 Paddock Judge

The Paddock Judge is in charge of the paddock and must com ply with IDAPA 11.04.01.B.B5, “Rules Governing Live Horse Races.”(7-1-24)

IDAPA 11.04.01.368 Paddock Judge’s List

The paddock judge must maintain a list of horses which may not be entered in a race because of poor or inconsistent behavior in the paddock that endangers the health or safety of other participants in racing.(7-1-24)

01.Provide List to Stewards. At the end of each race day, the paddock judge must provide a copy of the List to the stewards.(7-1-24)

02.Removal from List. To be removed from the paddock judge's List, a horse must be schooled in the paddock and demonstrate to the satisfaction of the paddock judge and one of the stewards that the horse is capable of performing safely in the paddock.(7-1-24)

IDAPA 11.04.01.369 Horse Identifier

The Horse Identifier is responsible for positively identifying all horses entered to race and must:(7-1-24)

01.Inspection. Inspect, identify and prepare I.D. cards by using the lip tattoo or microchip, markings from photos, written descriptions, or National Animal Identification System compliant devices.(7-1-24)

02.Examination. Examine every starter in the paddock for sex, color, markings and lip tattoo or microchip among other identification method approved by the appropriate breed registry and the Racing Commission for comparison with its registration certificate to verify the horse's identity; and(7-1-24)

03.Report Violation. Report to the Board of stewards any horse not properly identified or whose registration certificate is not in conformity with any Racing Commission rules.(7-1-24)

IDAPA 11.04.01.370 Clerk of Scales

The Clerk of the Scal es must:(7-1-24)

01.Verify Presence. Verify the presence of all jockeys in the jockeys' room at the appointed time and verify that all such jockeys have a current jockey's license issued by the Racing Commission;(7-1-24)

02.Verify Weight. Verify the correct weight of each jockey according to IDAPA 11.04.01.B.B5 “Rules Governing Live Horse Races”;(7-1-24)

03.Report Infractions. Promptly report to the Board of stewards any infraction of the rules with respect to weight, weighing, riding equipment or conduct;(7-1-24)

04.Record Data. Record all required data on the scale sheet and submit that data to the horsemen's bookkeeper at the end of each race day; and(7-1-24)

05.Assume Duties. Assume the duties of the jockey room custodian in his absence.(7-1-24)

IDAPA 11.04.01.371 Jockey Room Custodian

The jockey room custodian must:(7-1-24)

Supervise Conduct. Supervise the conduct of the jockeys and their attendants while they are in the jockey room;(7-1-24)

02.Ensure Safety. Ensure all jockeys are in the correct colors and wearing Racing Commission approved riding vest and helmet before leaving the jockey room to prepare for mounting their horses;(7-1-24)

03.Display Program. Keep a daily program displayed in plain view for the jockeys so they may have ready access to mounts that may become available;(7-1-24)

04.Secure Jockey Room. Keep unauthorized persons out of the jockey room; and(7-1-24)

05.Report to Stewards. Report to the Board of stewards any unusual occurrences in the jockey room.

IDAPA 11.04.01.372 Starter

The Starter must have complete jurisdiction over the starting gate, the starting of horses in accordance with IDAPA 11.04.01.B.B5 “Rules Governing Live Horse Races.”(7-1-24)

01.Assess Jockey’s Ability. The Starter must assess the ability of each person applying for a jockey's license in breaking from the starting gate and working a horse in the company of other horses, and make said assessment known to the stewards.(7-1-24)

IDAPA 11.04.01.373 Assistant Starters

Assistant Starters are under the direct control and responsibi lity of the Starter.(7-1-24)

IDAPA 11.04.01.374 Starter’s List

No horse will be permitted to start in a race unless approval is given by the starter. The starter must maintain a Starter's List of all horses which are ineligible to be entered in any race because of poor or inconsistent behavior or performance in the starting gate. Such horse will be refused entry until it has demonstrated to the starter that it has been satisfactorily schooled in the gate and can be removed from the Starter's List. Schooling must be under the direct supervision of the starter.(7-1-24)

IDAPA 11.04.01.375 Timer

In the absence of an electronic ti mer, the timer must:(7-1-24)

01.Record Time. Accurately record the time elapsed between the start and finish of each race;

02.Record From the Instant the First Horse Leaves. Record from the instant that the first horse leaves the point from which the distance is measured until the first horse reaches the finish line;(7-1-24)

03.Post Quarter Times. At a racetrack equipped with an appropriate infield totalizator board, post the quarter times (splits) for thoroughbred races in fractions as a race is being run. For quarter horse races, the timer must post the official times in hundredths of a second;(7-1-24)

04.Time All Races. For back-up purposes, also use a stopwatch to time all races. In time trials, ensure that at least three (3) stopwatches are used by one of the stewards or their designees; and(7-1-24)

05.Maintain Record. Maintain a printed record of fractional and finish times of each race and have same available for inspection by the stewards or the Racing Commission on request.(7-1-24)

IDAPA 11.04.01.376 Clocker

The clocker must be present during training hours at each track on racing association grounds, which is open for training, to identify each horse working out and to accurately record the distances and times of each horse's workout and must:(7-1-24)

01.List of Workouts. Each day, prepare a list of workouts that describes the name of each horse which worked along with the distance and time of each horse's workout.(7-1-24)

02.Deliver List. At the conclusion of training hours, deliver a copy of the list of workouts to one of the stewards and the racing secretary.(7-1-24)

IDAPA 11.04.01.377 Patrol Judge

The patrol judge, when utilized, is responsible for observ ing the race and reporting information concerning the race to the stewards. If the track's video replay system is deemed adequate, use of patrol judges is optional.(7-1-24)

IDAPA 11.04.01.378 Placing Judge

The placing judges, if utilized, determine the order of finish in a race as the horses pass the finish line.(7-1-24)

IDAPA 11.04.01.379 (Reserved)

IDAPA 11.04.01.385 Photo Finish

In the event the placing judges or the Board of stewards req uest a photo of the finish, the photo finish sign must be posted on the totalizator board.(7-1-24)

01.Order of Finish. Following their review of the photo finish, the placing judges, with the approval of the stewards, determine the exact order of finish for all horses participating in the race.(7-1-24)

02.Photographic Print. In the event a photo was requested, the placing judges must cause a photographic print of said finish to be produced. The finish photograph, when needed, will be used by the placing judges as an aid in determining the correct order of finish.(7-1-24)

03.Photographic Prints Displayed. Upon determination of the correct order of finish of a race in which the placing judges have utilized a photographic print to determine the first four (4) finishers, the placing judges must cause prints of said photograph to be displayed publicly in the grandstand and clubhouse areas of the racetrack.

IDAPA 11.04.01.386 Dead Heats

In the event the placing judges determine that two (2) or more horses finished the race simultaneously a nd cannot be separated as to their order of finish, a dead heat must, with the approval of the stewards, be declared.(7-1-24)

IDAPA 11.04.01.387 Commission Veterinarian Qualifica

TIONS.

The Commission Veterinarian must be a grad uate of an accredited school of veterinary medicine and licensed to practice veterinary medicine in Idaho.(7-1-24)

IDAPA 11.04.01.388 Commission Veterinarian Aut

HORITY.

The Commission Veterinarian has the authority to supervise the ac tions of veterinarians licensed by the Racing Commission while they are practicing at any location under the jurisdiction of the Racing Commission in accordance with IDAPA 11.04.01.B.B4, “Rules Governing Equine Veterinary Practices, Permitted Medications, Banned Substances, and Drug Testing of Horses.”(7-1-24)

IDAPA 11.04.01.389 Examination of Horses

01.Examination of Horses. The Commission Veterinarian must examine each horse prior to racing and report to the Board of Stewards any horse that is not of the age or condition that is satisfactory for the type of racing to be conducted at the meeting.(7-1-24)

02.Declared Ineligible. The Board of Stewards may declare any such horse as reported as ineligible to be entered or started at the meeting until such time as the Commission Veterinarian certifies such horse to be in race sound condition.(7-1-24)

03.Present In Paddock. The Commission Veterinarian must be present in the paddock on the race course during the saddling, the parade and at the starting gate and until the horses are dispatched from the gate for the

04.Emergencies. The Commission Veterinarian has the authority to treat any horse in event of an emergency, accident or injury, the details of which must be immediately reported to the Stewards.(7-1-24)

05.Humanely Destroy. The Commission Veterinarian is authorized to humanely destroy any horse which is so seriously injured that it is in the best interest of racing to so act and every horse owner and trainer participating in a race in Idaho does consent thereto. This authorization to destroy the horse is extended only in the event the owner or trainer is not present.(7-1-24)

IDAPA 11.04.01.390 Commission Veterinarian

The Commission Veterinarian is responsible to the Board of Stewards for the conduct of horses and their attendants in the receiving and detention barn. (7-1-24)

IDAPA 11.04.01.391 Additional Racing Officials

The Racing Commission may create addition al racing official positions, as needed. Persons selected for these positions are considered racing officials and are subject to the general qualifications outlined in this chapter. (7-1-24)

IDAPA 11.04.01.392 (Reserved)

SUB AREA B3: OWNERS, TRAINERS, AUTHORIZED AGENTS, JOCKEYS,

APPRENTICE JOCKEYS, AND JOCKEY AGENTS

(Sections 400-460)

IDAPA 11.04.01.400 Owners and Trainers

All Owners and Trainers of horses and their stable employees are subject to the Laws of Idaho and the Rules promulgated by the Racing Commission upon occupancy of stabling accommodations on the grounds of a Racing Association or upon entering a horse to run in a race on a Racing Association track.(7-1-24)

IDAPA 11.04.01.401 Enter, Search, and Inspect

Every Racing Association, the Raci ng Commission, one of the Stewards or trained and qualified Agents of the Idaho State Police, has the right to enter, search and inspect the buildings, stables, rooms and other places where horses which are eligible to race are kept, or where property and effects of the licensee are kept within the grounds of the Racing Association. Any licensee is deemed to have consented to such search and to the seizure of any non-approved or prohibited materials, chemicals, drugs or devices and anything apparently intended to be used in connection therewith.(7-1-24)

IDAPA 11.04.01.402 Employees

Any Owner or Trainer that employs any person in a capacity that needs to be licensed by the Racing Commission prior to the Racing Commission granting such a license will be subject to suspension or fine, or both, to be determined by the Board of Stewards.(7-1-24)

IDAPA 11.04.01.403 Bribes, Gifts, and Gratuities

No Owner or Trainer may accept or offer, directly or indirectly , any bribe, gift or gratuity in any form which might influence the result of any race or tend to do so.(7-1-24)

IDAPA 11.04.01.404 Illness of Horses

The Owner or Trainer or their represent ative must immediately report any illness or an unusual condition of his horse to the Racing Secretary, Board of Stewards or Commission Veterinarian.(7-1-24)

IDAPA 11.04.01.405 Trainer Changes

If an Owner changes trainers, the racing secretary and one of the stewards must be notified within twenty-four (24) hours of that change.(7-1-24)

IDAPA 11.04.01.406 Representation for Entries

A Trainer licensed in Idaho may represent the Owner in the matter of entries, declarati ons and the employment of Jockeys.(7-1-24)

IDAPA 11.04.01.407 (Reserved)

IDAPA 11.04.01.410 Restrictions on Owners and Trainers

No Owner or Trainer may enter or start a horse that:(7-1-24)

Is Not Sound. Is not in sound competitive racing condition.(7-1-24)

02.Has Been Nerved.(7-1-24)

a.Horses that have had posterior digital neurectomy (heel nerved) may be permitted to race subject to the pre-race veterinary examination and subject to posting with the racing secretary and being recorded on its foal certificate.(7-1-24)

b.Horses that have been nerved, blocked with alcohol or any other medical drug that desensitizes the nerves, other than posterior digital nerves, will not be permitted to race.(7-1-24)

03.Impaired Vision. Has impaired vision in both eyes.(7-1-24)

IDAPA 11.04.01.411 Powers and Duties of Authorized Agents

A licensed Authorized Agent may perform on behalf of a licensed owner-principal all acts as relate to racing, as specified in the Racing Commission approved agency appointment, that could be performed by the principal if such principal were present. The acts of the Authorized Agent are deemed the acts of his licensed principal and the principal accepts responsibility for the Authorized Agent’s acts.(7-1-24)

01.Documents. In executing any document on behalf of the principal, the Authorized agent must clearly identify the Authorized Agent and the owner-principal.(7-1-24)

02.Ownership Disclosure. Authorized Agents are responsible for disclosure of the true and entire ownership of each horse for which they have authority. Any change in ownership must be reported immediately to, and approved by, the Board of stewards and recorded by the racing secretary.(7-1-24)

03.Entering a Claim. When an Authorized Agent enters a claim for the account of a principal, the name of the licensed Owner for whom the claim is being made and the name of the Authorized Agent must appear on the claim slip or card. (7-1-24)

IDAPA 11.04.01.412 Trainer Is Absolute Insurer

The Trainer is the absolute insurer of, and responsible for, the condition of the horses entered in a race regardless of the acts of third parties.(7-1-24)

01.Chemical Tests. Should the analysis of blood, urine, hair samples or tests of other materials prove positive, showing the presence of any chemical or drug of any kind or description, except as permitted in IDAPA 11.04.01.B.B4, “Rules Governing Equine Veterinary Practices, Permitted Medications, Banned Substances and Drug Testing of Horses,” the Trainer of the horse will be fined or suspended, or both.(7-1-24)

02.Trainer Absent. When a Trainer is absent from the stable or the grounds for a period of more than two (2) days and the Trainer’s horses are to be entered, a substitute licensed Trainer must assume the complete responsibility of the horses entered or running. Such licensed Trainer must sign a form in the presence of the Board of Stewards accepting complete responsibility for the horse or horses being entered or running.(7-1-24)

IDAPA 11.04.01.413 Safety Equipment

The Trainer is responsible to ensure that every Jockey and exercise person wears an approved helmet properly fastened when exercising horses.(7-1-24)

IDAPA 11.04.01.414 Disqualified Person

No Trainer may have charge or supervision of any horse owned, in whole or part, by a disqualified person. (7-1-24)

IDAPA 11.04.01.415 Horses in Paddock at Appointed Time

All Trainers must have their horses in the paddock in accordance with IDAPA 11.04.01.B.B5 “Rules Governing Live Horse Races,” Subsection 603.02.(7-1-24)

IDAPA 11.04.01.416 Trainer’s Presence in Paddock

All Trainers must attend their horses in the paddock and be present t o supervise saddling unless the permission of a steward has been obtained to send another licensed Trainer to substitute.(7-1-24)

IDAPA 11.04.01.417 Preventing Jockeys from Riding

No Owner or Trainer may employ a Jockey for the purpose of preventing him from riding for another Trainer in any race.(

IDAPA 11.04.01.418 (Reserved)

IDAPA 11.04.01.430 Physical Examination

The Board of Stewards may require any Jockey to be examined by a licensed medical professional at any time and may refuse to allow any Jockey to ride until such examination has been satisfactorily completed.(7-1-24)

IDAPA 11.04.01.431 Jockey Falls from Horse

In the event any Jockey falls or is thrown from a mount prior to, during or after a race, the Board of Stewards may refuse to allow that Jockey to ride until examined by a licensed medical professional and determined by such examiner to be physically fit to ride.(7-1-24)

IDAPA 11.04.01.432 Jockeys Obligations

All Jockeys must faithfully fulfill all engagements to ride except when excused by the Board of stewards. An excuse may be given by a medical professional with the approval of the Board of stewards.(7-1-24)

IDAPA 11.04.01.433 Racing Colors

All Jockeys must wear the colors of the Own er or Owners of the horse being ridden, except by special permission of the Board of Stewards or where approved standard colors are used.(7-1-24)

IDAPA 11.04.01.434 Safety Equipment

All Jockeys must wear the followi ng safety equipment:(7-1-24)

01.Helmet. When mounted, a fastened protective helmet approved by the Jockey Guild.(7-1-24)

02.Safety Vest. A safety vest when riding in any official or exhibition race that weighs no more than two (2) pounds, and is designed to provide shock absorbing protection to the upper body of at least a rating of five (5), as defined by the British Equestrian Trade Racing Association.(7-1-24)

IDAPA 11.04.01.435 Jockey’s Valet

No Jockey may have a valet other than one (1) provided by the Racing Association.(7-1-24)

IDAPA 11.04.01.436 (Reserved)

IDAPA 11.04.01.440 Jockeys Weighed

Every Jockey who is engaged in a race must report to the Jockey’s Room on the day of the race at the time required by the Stewards.(7-1-24)

01.Engagements. The Jockey’s engagements and overweight, if any, must then be reported to the clerk of the scales and, thereafter, the Jockey may not leave the Jockey Room except to view the races from a point approved by the Board of Stewards or to ride in a race until all engagements of the day have been fulfilled. (7-1-24)

02.Weighed Out. Jockeys need to present themselves to be weighed out at the time fixed by the clerk of the scales.(7-1-24)

IDAPA 11.04.01.441 Restrictions on Jockeys

01.Owner. No licens ed Jockey may be the Owner or Trainer of any race horse.(7-1-24)

02.Betting. No Jockey may make a bet on any race nor accept the promise or the token of any bet with respect to the race in which riding, except through or from the Owner or Trainer of the horse being ridden and then only that horse.(7-1-24)

IDAPA 11.04.01.442 Jockey’s Fees

Jockey’s riding fees for a race meet must be approved by the Racing Commission.(7-1-24)

01.Engagements. If any Owner or Trainer engages two (2) or more Jockeys for the same race, each engaged Jockey not riding in the race must be paid the losing fee. The proper fee must be paid the Jockey riding.

02.Fees. A Jockey’s fee is considered earned when the Jockey is weighed out by the Clerk of the Scales. The fee is not considered earned if the Jockey takes himself off of his mount where injury to the horse or rider is not involved. Any conditions or considerations not covered by this Section are at the discretion of the stewards.

03.Posted Fees. The fee to a Jockey in all races must be posted prominently and provided to the Horsemen’s Bookkeeper by the Racing Association at each race meet.(7-1-24)

04.Dead Heat. In a dead heat the Jockeys involved will divide equally the total fees they would have received individually had one (1) beaten the other or others. The Owners of the horses involved must pay an equal share of the fees.(7-1-24)

IDAPA 11.04.01.443 Jockey Suspensions

A Jockey who is under suspension will not be permitted to fulfill any engagements, including stake races.(7-1-24)

01.Suspended in Another Jurisdiction. A Jockey under suspension in any other State will not be permitted to ride in Idaho during such suspension.(7-1-24)

02.Time Suspension Begins. The suspension of a Jockey for an offense not including fraud begins at the time set by the stewards.(7-1-24)

03.Temporary Suspensions. A Jockey temporarily suspended may be permitted by the Board of Stewards to exercise or gallop horses during the morning hours.(7-1-24)

IDAPA 11.04.01.444 Apprentice Jockeys

Apprentice Jockeys are bound by all the rules for Jockeys, except in the instance of a specific exception for an Apprentice Jockey.(7-1-24)

01.End of Apprenticeship. The apprenticeship automatically terminates one (1) year from the date of the apprentice’s fifth winning ride or on the first anniversary of the date of issuance of the license as an Apprentice Jockey if during such first year the apprentice has ridden at least forty-five (45) thoroughbred winners. Otherwise, the apprenticeship automatically terminates after the first anniversary date on the date of the forty-fifth winning mount is ridden by the apprentice or on the date of the third anniversary of the first apprentice license, whichever comes first.

02.Extend Apprenticeship Termination. For good cause, the Racing Commission may extend the termination date of any apprenticeship or the conditions under which the apprenticeship may be granted.(7-1-24)

03.Races Considered. Races other than recognized thoroughbred races in the United States, Canada or Mexico reported in the Daily Racing Form or other similar official publication will 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 will have the burden of establishing that the granting of an apprentice license to such person is in the best interest of thoroughbred racing in Idaho.

IDAPA 11.04.01.445 Management of Apprentice Jockeys

No person other than an Owner, Trainer , Jockey Agent or an Authorized Agent of an Owner may make engagements for or manage Apprentice Jockeys.(7-1-24)

IDAPA 11.04.01.446 Apprentice Weight Allowance

An Apprentice Jockey must ride with a five (5) pound weight allowance beginning with the first mount for one (1) fu ll year from the date of the fifth winning mount.(7-1-24)

01.After One Year. If after riding one (1) full year from the date of the fifth winning mount the Apprentice Jockey has failed to ride a total of forty (40) winners from the date of the first winning mount, the apprentice must continue to ride with a five (5) pound weight allowance for one (1) more year from the date of the fifth winning mount or until the apprentice has ridden a total of forty (40) winners, whichever comes first.(7-1-24)

02.Unable to Ride. If an Apprentice Jockey is unable to ride for a period of fourteen (14) consecutive days or more from the date of the apprentice’s fifth winning mount because of service in the Armed Forces of the United States or because of physical disablement, the Racing 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.(7-1-24)

IDAPA 11.04.01.447 Apprentice Jockey Contracts

An Apprentice Jockey may be granted an apprentice certificate in lieu of an apprentice contract. The apprentice certificate grants an apprentice all the allowances and conditions granted to the apprentice who is under contract.

01.Forms. Apprentice contracts entered into in the state of Idaho must be made on forms supplied by the Idaho State Racing Commission and a copy be filed with the Racing Commission.(7-1-24)

02.Filed With Racing Commission. A copy of all apprentice contracts, wherever entered into, must be filed with the Racing Commission.(7-1-24)

03.Contract Transferred. If an apprentice contract is transferred, said transfer must be approved by the Board of Stewards and registered with the Racing Commission by both the transferrer and the transferor. (7-1-24)

04.Certificate. An application for a license as an Apprentice Jockey must be accompanied by an original or photo static copy of his birth certificate or an apprentice certificate.(7-1-24)

IDAPA 11.04.01.448 Only One Jockey Agent

No Jockey may have more than one (1) ag ent. All engagements to ride, other than those for contract employers, must be made by the Jockey’s Agent. A Jockey may make his own engagements.(7-1-24)

IDAPA 11.04.01.449 Jockey Agent

No person may act as a Jockey Agent prior to being licens ed by the Racing Commission. Each Jockey Agent is permitted to make the riding engagements of three (3) riders only; two (2) Jockeys and one (1) Apprentice Jockey.

01.Other Jockeys. No Jockey Agent may make or assist in making any engagement for any rider other than those he is licensed to represent.(7-1-24)

02.Records. Each Jockey Agent must keep a record of all engagements made for the represented riders that is up to date and ready at all times for inspection by the Stewards.(7-1-24)

03.Notify Stewards. If any Jockey Agent gives up the making of engagements for any rider, the Board of Stewards must be immediately provided a written list of any unfilled engagements. All rival claims for the services of a rider will be adjusted by the Stewards.(7-1-24)

IDAPA 11.04.01.450 Giving Information

No Jockey Agent may give to anyone, directly or indirectly , any information or advice pertaining to a race or engage in the practice commonly known as “touting” for the purpose of influencing or tending to influence any person in the making of a wager on any race.(7-1-24)

IDAPA 11.04.01.451 Jockey Agent Access

No Jockey Agent is permitted within the saddling enclosure during racing hours; nor may said Agent have access to the Jockey Room at any time; nor may said Agent be allowed on the race track at the conclusion of any race run; nor may said Agent communicate with any Jockey during racing hours except with the approval of the Stewards.

IDAPA 11.04.01.452 (Reserved)

SUB AREA B4: EQUINE VETERINARY PRACTICES, PERMITTED MEDICATIONS,

BANNED SUBSTANCES AND DRUG TESTING OF HORSES

(Sections 500-599)

IDAPA 11.04.01.500 Enter, Search and Inspect

Every Racing Association, the Racing Comm ission, the Board of Stewards or trained and qualified agents of the Idaho State Police, have the right to enter, search and inspect the buildings, stables, rooms and other places where horses which are eligible to race are kept, or where property and effects of the licensee are kept within the grounds of the Racing Association. Any licensee accepting a license is deemed to have consented to such search and to the seizure of any non-approved or prohibited materials, chemicals, drugs or devices and anything apparently intended to be used in connection therewith.(7-1-24)

IDAPA 11.04.01.501 Authority of the Commission Veterinarian

The Commission Veterinarian has the authority to supervise the ac tions of veterinarians licensed by the Racing Commission while they are practicing at any location under the jurisdiction of the Racing Commission. The commission veterinarian recommends to the Board of Stewards or the Racing Commission disciplinary actions for any veterinarian who violates any Racing Commission rule.(7-1-24)

IDAPA 11.04.01.502 Report of Disease

All practicing veterinarians must promptly notify the commission veterinarian of any reportable disease and any unus ual incidence of a communicable illness in any horse in his charge.(7-1-24)

IDAPA 11.04.01.503 Restrictions of Wagering

A practicing veterinarian may not wager on the outcome of any race if the practicing veterinarian has treated a horse participating in the race within the past thirty (30) days.(7-1-24)

IDAPA 11.04.01.504 Treatment Restrictions

Except as otherwise provided by these rules, no person other than a veterinarian licensed to practice veterinary medicine in Idaho and licensed by the Racing Commission may administer a prescription or controlled medication, drug, chemical or other substance, including any medication, drug, chemical or other substance by injection, to a horse at any location under the jurisdiction of the Racing Commission.(7-1-24)

IDAPA 11.04.01.505 Administration of Non-Injectable Substances

These rules do not apply to the administration of the following substances in approved quantitative levels present in post-race samples, if any, or as they may interfere with post-race testing:(7-1-24)

01.Nutritional Supplement. A recognized non-injectable nutritional supplement or other substance approved by the commission veterinarian;(7-1-24)

02.Prescription. A non-injectable substance on the direction or by prescription of a licensed veterinarian; or(7-1-24)

03.Non-Prescription. A non-injectable non-prescription medication or substance.(7-1-24)

IDAPA 11.04.01.506 Hypodermic Needles

01.Possession Prohibited. No person may possess a hypodermic needle, syringe or injectable of any kind on Racing Association grounds, unless approved by the Racing Commission.(7-1-24)

02.Disposable Needles. At any location under the jurisdiction of the Racing Commission, licensed veterinarians may use only one-time disposable needles, and must dispose of them in a manner approved by the

03.Medical Condition. If a person has a medical condition that makes it necessary to have a syringe at any location under the jurisdiction of the Racing Commission, that person must:(7-1-24)

a.Request permission of the Board of Stewards or the Racing Commission in writing;(7-1-24)

b.Furnish a letter from a licensed physician explaining why it is necessary for the person to possess a syringe; and(7-1-24)

c.Comply with any conditions and restrictions set by the Board of Stewards or the Racing

IDAPA 11.04.01.507 (Reserved)

IDAPA 11.04.01.520 Banned Substances

01.Banned Substances.

Any medication, drug, chemical, narcotic, anesthetic, or analgesic that is not specifically permitted by these rules is banned from use in horses that are eligible to race in Idaho and are located on the grounds of a racing association.(7-1-24)

02.Administration by Veterinarians. All practicing veterinarians administering drugs, medications or other substances are responsible for ensuring that the drugs, medications or other substances and the veterinary treatment of horses are administered in accordance with these rules.(7-1-24)

IDAPA 11.04.01.521 Non-Permitted Medication

If the Board of Stewards find that any non-permitted medication, drug, chemical, narcotic, anesthetic, or analgesic has been administered to a horse in such a manner that it is present in a pre-race or post-race test sample, such presence constitutes prima facie evidence of a violation of these rules.(7-1-24)

IDAPA 11.04.01.522 Medications

01.Taking Samples.

The Commission Veterinarian, the Racing Commission, or any member of the Board of Stewards may take samples of any medicines or other materials suspected of containing improper medication, drugs or chemicals that would affect the racing condition of a horse in a race.(7-1-24)

02.Location. Any substances found in stables or elsewhere on the grounds of a racing association or in the possession of any person connected with racing are subject to sampling.(7-1-24)

03.Testing. Substances sampled must be delivered to a laboratory designated by the Racing Commission for testing.(7-1-24)

IDAPA 11.04.01.523 Anti-Ulcer Medications

The following anti-ulcer medicati ons are permitted to be administered, at the stated dosage, up to twenty-four (24) hours prior to the race in which the horse is entered:(7-1-24)

01.Cimetidine (Tagamet®). Dosage 8-20 mg/kg PO BID-TID.(7-1-24)

02.Omeprazole (Gastrogard®). Dosage 2.2 grams PO SID.(7-1-24)

03.Ranitidine (Zantac®). Dosage 8 mg/kg PO BID.(7-1-24)

IDAPA 11.04.01.524 Environmental Contaminants and Substances of Human Use

The following substances can be environmental contaminants in that they are endogenous to the horse or that they can arise from plants traditionally grazed or harvested as equine feed or are present in equine feed because of contamination during the cultivation, processing, treatment, storage or transportation phases.(7-1-24)

01.Caffeine. Caffeine is recognized as a substance of human use and could be found in the horse due to its close association with humans. The regulatory threshold for caffeine is 100 nanograms of caffeine per milliliter of serum or plasma.(7-1-24)

02.Positive Test. If the preponderance of evidence presented in a hearing shows that a positive test is the result of environmental contamination or inadvertent exposure due to human drug use it should be considered as a mitigating factor in any disciplinary action taken against the affected trainer.(7-1-24)

IDAPA 11.04.01.525 Testing Facilities

The Racing Commission may require the Racing Association to provide such facilities for medication, drug or other tests of a horse as may be required by the Racing Commission.(7-1-24)

IDAPA 11.04.01.526 Laboratory Minimum Standards

Laboratories conducting either primary or split post-race sample analysis must meet at least the following minimum standards:(7-1-24)

01.Lab Accreditation. A testing laboratory must be accredited by a recognized accrediting body to any standards set forth and required by the Racing Commission.(7-1-24)

02.Instrumentation for Screening. A testing laboratory must have, or have access to, LC/MS instrumentation for screening or confirmation purposes, or both.(7-1-24)

03.Standards of Detection. A testing laboratory must be able to meet minimum standards of detection, which is defined as the specific concentration at which a laboratory is expected to detect the presence of a particular drug or metabolite, or both, or by the adoption of a regulatory threshold.(7-1-24)

IDAPA 11.04.01.527 Testing

01.Testing.

The official winning horse and any other horse ordered by the Racing Commission or the Board of Stewards must be taken to the testing area to have a blood, urine, saliva, hair, or any other acceptable specimen taken at the direction of the Commission Veterinarian.(7-1-24)

02.Examination. Examination of the race winner or other designated horses must be made by the Commission Veterinarian or his assistant.(7-1-24)

03.Specimens. All specimens must be collected by the Commission Veterinarian or his assistant.

IDAPA 11.04.01.528 Out-of-Competition Testing

01.Racing Commission Authority to Request Test.

The Racing Commission may request an out-ofcompetition testing (OCT) sample be collected and screened for any violation of Section 575 of these rules. (7-1-24)

02.Conditions for Racing Commission Request. The Racing Commission may request any owner or trainer currently licensed by the Racing Commission to allow for an OCT sample be collected under any of the following conditions:(7-1-24)

a.The horse is stabled on the grounds of a licensed race meet.(7-1-24)

b.The horse is nominated or eligible for a stake or handicap race.(7-1-24)

c.The registration certificate of the horse is currently on file with the racing association. If the horse selected is not currently stabled on the grounds, the owner or trainer shall present the horse to the test barn at a time designated by the commission.(7-1-24)

03.Horse Selection. Horses will be selected for OCT by a Racing Commission veterinarian, steward, or executive secretary.(7-1-24)

04.Sample Collection and Split Samples. Sample collection and split samples will be done in accordance with Sections 527 through 545 of these rules.(7-1-24)

05.Refusal to Submit. Refusal to submit to an OCT sample request will result in penalties consistent with Sections 574, 577, and 578 of these rules.(7-1-24)

06.Qualified Horse. If a horse that qualifies under Subsection 528.02 of this rule is selected for testing and is not stabled at a race meet licensed by the Racing Commission, the Racing Commission may approve a regulatory veterinarian from another jurisdiction to collect and submit the sample providing the process complies with Sections 527 through 545 of these rules.(7-1-24)

07.Penalties. Penalties for a report of a positive laboratory finding in violation of this Section 111 will be consistent with Sections 574, 577, and 578 of these rules.(7-1-24)

IDAPA 11.04.01.529 Random or Extra Testing

Random or extra testing may be required by the Board of Stewards or the Racing Commission at any time on any horse on Racing Association grounds. Unless otherwise directed by the Board of Stewards or the Commission Veterinarian, a horse that is selected for testing must be taken directly to the testing area.(7-1-24)

IDAPA 11.04.01.530 (Reserved)

IDAPA 11.04.01.540 Trainer Present

01.Present During Testing.

The Trainer, or his authorized representative, must be present in the testing area when a blood, urine, saliva, hair, or any other acceptable specimen is taken from a horse.(7-1-24)

02.Tag Signed. The sample tag must be signed by the Trainer or his representative, as witness to the taking of the specimen.(7-1-24)

03.Refusal. Willful failure to be present at or a refusal to allow the taking of such specimen, or any act or threat to impede or prevent or otherwise interfere therewith, subjects the person or persons doing so to immediate suspension by the Board of Stewards and the matter will be referred to the Racing Commission for such further penalty as may be determined.(7-1-24)

IDAPA 11.04.01.541 Specimens

01.Delivery to Approved Laboratory.

All specimens taken by or under direction of the Commission Veterinarian, or other authorized representative of the Racing Commission, must be delivered to the laboratory approved by the Racing Commission for official analysis.(7-1-24)

02.Number and Date. Each specimen must be marked by number and date and may also bear such information as may be essential to its proper analysis.(7-1-24)

03.Identity. The identity of the horse from which the specimen was taken or the identity of its Owner, Trainer, Jockey, or stable must not be revealed to the laboratory.(7-1-24)

04.Container. The container of each specimen must be sealed as soon as the specimen is placed therein and must bear the name of the Racing Commission.(7-1-24)

IDAPA 11.04.01.542 Determination of Sample

01.Minimum Sample.

The commission veterinarian will determine a minimum sample requirement for the primary testing laboratory.(7-1-24)

02.Less Than The Minimum. If the specimen obtained from a horse is less than the minimum sample requirement, the entire specimen must be sent to the primary testing laboratory.(7-1-24)

03.More Than The Minimum. If a specimen obtained is greater than the minimum sample requirement, the portion of the sample that is greater than the minimum sample requirement may be secured as the split sample if proper storage capabilities exist.(7-1-24)

IDAPA 11.04.01.543 Storage and Shipment of Split Samples

Split samples obtained in accordance with Subsection 542.03 of these rules , must be secured and made available for further testing in accordance with the following procedures:(7-1-24)

01.Secured. A split sample must be secured under the same manner as the portion of the specimen acquired for shipment to a primary laboratory until such time as specimens are packed and secured for shipment to the primary laboratory.(7-1-24)

02.Transfer of Samples. Split samples must then be transferred to a freezer or other approved storage container, at a secure location approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.544 Testing Split Samples

After having been notified that a written report from a prim ary laboratory stating that a prohibited substance has been identified in a specimen obtained pursuant to these rules, a trainer or owner of a horse may request that a split sample, corresponding to the portion of the specimen tested by the primary laboratory, be sent to another laboratory approved

01.Submission of Testing Request. A formal request for split sample testing must be made in writing and delivered to the Board of Stewards not later than three (3) business days after the trainer of the horse receives written notice of the findings of the primary laboratory. The request must include the requesting trainer or owner's top three (3) referee laboratory choices. Any request for split sample testing not received by the specified deadline, and/or without all the required information, is considered invalid.(7-1-24)

02.Lab's Willingness to Test. Upon receipt of the written request for split sample testing, the Racing Commission will confirm the referee laboratory has agreed to accommodate the request and provide official test results to the Racing Commission. The Racing Commission will identify the confirmed referee laboratory to the requesting owner or trainer to arrange for payment of shipping costs and testing services costs.(7-1-24)

03.Shipping and Testing Fees. The requesting owner or trainer is entirely responsible for all costs and fees associated with sample shipment and testing services. Payment for sample shipment must be made to the Commission Veterinarian, or his authorized designee, prior to shipment of the split sample. Once the Racing Commission has received confirmation of payment of necessary fees required for split sample testing, the requested split samples will be shipped to the referee laboratory within ten (10) business days. Shipments are mailed only on Monday, Tuesday or Wednesday to avoid the samples sitting in a warehouse unrefrigerated over a weekend if there is a problem in transit.(7-1-24)

04.Unforeseen Circumstances.(7-1-24)

a.If the Racing Commission is unable to secure the services of a referee laboratory, the Racing Commission has the option to request the primary laboratory to conduct the split sample testing. The owner and trainer affected will be notified by the Racing Commission.(7-1-24)

b.If the Racing Commission is unable to contact the affected trainer or owner by telephone or last known location, the Racing Commission may proceed with split sample testing by the primary laboratory.(7-1-24)

c.If an Act of God, power failure, accident, strike, or other action that is beyond the control of the Racing Commission prevents a split sample from being tested, the test results of the primary laboratory will be accepted as prima facie evidence.(7-1-24)

05.Split Sample Test Results. The referee laboratory sends the results of the split sample test to the Racing Commission and the Racing Commission will forward those results simultaneously to the requesting owner or trainer as quickly as possible.(7-1-24)

a.If the spl it sample testing confirms the findings of the primary laboratory, it is considered a prima facie violation of the applicable provisions of this chapter.(7-1-24)

b.If the split sample testing does not substantially confirm the findings of the primary laboratory, it does not constitute a prima facie violation of this chapter and no penalty will be imposed by the Racing Commission.

IDAPA 11.04.01.545 Chain of Custody

The Racing Commission will provide a split sample chain of custody verification form.(7-1-24)

IDAPA 11.04.01.546 (Reserved)

IDAPA 11.04.01.550 Non-Steroidal Anti-Inflammatory Drugs

01.Exception. No horses may be entered into a race utilizing a Non-Steroidal Anti-Inflammatory Drug, except DMSO, unless:(7-1-24)

a.The Trainer and Veterinarian of the horse submit to the Commission Veterinarian the Non-Steroidal Anti-Inflammatory Drug Request Form; and(7-1-24)

b.The Commission Veterinarian has granted written approval for the use.(7-1-24)

02.Procedures. The Commission Veterinarian must establish and publish reasonable procedures pertaining to use of the Non-Steroidal Anti-Inflammatory Drug Request Form.(7-1-24)

03.Posted. A copy of the established procedures must be posted in the office of the Racing Secretary.

IDAPA 11.04.01.551 Non-Steroidal Anti-Inflammatory Drug Request Form

The Non-Steroidal Anti-Inflammatory Drug Request Form submitted to the Commission Veterinarian must include and be processed as follows:(7-1-24)

01.Name of Horse. The name, age, sex and breed of the horse;(7-1-24)

02.Name of Trainer and Veterinarian. The name of the licensed Trainer and veterinarian;(7-1-24)

03.Nature of Injury. The nature of the horse's injury or disease as determined by an examination by a qualified and duly licensed veterinarian;(7-1-24)

04.Name of Drug Requested. The name of the Non-Steroidal Anti-Inflammatory drug requested and the proposed time and method of administration;(7-1-24)

05.Signature. Signature of Trainer and veterinarian attending the horse and the Commission Veterinarian.(7-1-24)

06.Filing. The trainer or veterinarian attending the horse must file the completed request form with the racing secretary.(7-1-24)

IDAPA 11.04.01.552 Approval of Non-Steroidal Anti-Inflammatory Drug Request

The Commission Veterinarian will approve the Non-Stero idal Anti-Inflammatory Drug request only if:(7-1-24)

01.Professional Judgment. In the exercise of his professional judgment, a need for the use of the Non-Steroidal Anti-Inflammatory Drug for the particular horse's injury or disease has been satisfactorily demonstrated.(7-1-24)

02.Professional Diagnosis. In arriving at the decision, the Commission Veterinarian may take into account or rely upon the written professional diagnosis made by a qualified and duly licensed veterinarian. (7-1-24)

IDAPA 11.04.01.553 Expiration of Approval

Approved medication may be discontinued with permission of the Commission Veterinarian.(7-1-24)

IDAPA 11.04.01.554 Permitted Non-Steroidal Anti-Inflammatory Drugs

The only Non-Steroidal Anti-Inflammatory Drugs perm itted by these rules are:(7-1-24)

01.Phenylbutazone (Butazoladin);(7-1-24)

02.Mechlofenamic Acid (Arquel);(7-1-24)

03.Flunixin (Banamine); and(7-1-24)

04.Ketoprofen (Ketofen).(7-1-24)

IDAPA 11.04.01.555 Daily Racing Program

Horses that are on a Non-Steroidal Ant i-Inflammatory Drug must be indicated on the daily racing programs or any other publications and a list of horses on a Non-Steroidal Anti-Inflammatory Drug will be posted at a location designated by the Racing Commission.(7-1-24)

IDAPA 11.04.01.556 Non-Steroidal Anti-Inflammatory Drug Administration

No Non-Steroidal Anti-Inflammatory Drug may be administered to the ho rse later than twenty-four (24) hours prior to the time the horse is scheduled to race. Only one (1) Non-Steroidal Anti-Inflammatory Drug may be in a horse’s system on race day.(7-1-24)

IDAPA 11.04.01.557 (Reserved)

IDAPA 11.04.01.560 Bleeder Treatment

01.Written Approval Needed. Epistaxis treatment for bleeders is permitted as a race day medication provided that written approval of the Commission Veterinarian is obtained prior to race day treatment on the Medication Request Form.(7-1-24)

02.Bleeders. Bleeders that have been running under Epistaxis treatment must obtain written approval of the Commission Veterinarian prior to entry in any race before running without similar treatment.(7-1-24)

03.Premarin. Premarin is a permissible Epistaxis treatment and may be used up to two (2) hours before post time.(7-1-24)

04.Lasix. Lasix is a permissible Epistaxis treatment.(7-1-24)

IDAPA 11.04.01.561 Idaho Bleeder List

Any horse which exhibits symptoms of Epis taxis or respiratory tract hemorrhage is eligible for placement on the Idaho Bleeder List and for treatment on race days with approved medication to prevent or limit bleeding during racing.(7-1-24)

01.Placed on Idaho Bleeder List. To be placed on the Idaho Bleeders List a horse must be found to have shed free blood from one (1) or both nostrils or bled internally in the respiratory tract during or immediately following a race or workout. The Commission Veterinarian, following his personal examination of a horse or after consulting with the horses' private veterinarian, may certify a horse as a bleeder.(7-1-24)

02.Bleeder.(7-1-24)

a.Any horse that bleeds a second time in Idaho will not be able to race for a period of thirty (30) days from the date of the second bleeding offense.(7-1-24)

b.Any horse that bleeds a third time in Idaho, and each time thereafter, will be suspended from racing for a period of one (1) year from the date of each bleeding offense.(7-1-24)

03.Bleeder from Another Jurisdiction. A bleeder horse shipped into Idaho from another racing jurisdiction must comply with Racing Commission rules. Any horse on a bleeder list in another racing jurisdiction may be placed on the Idaho Bleeder List provided a current certificate from the jurisdiction where it was confirmed on the bleeder list, or a letter from the horses private veterinarian, who is currently licensed by the racing jurisdiction, is presented to the Commission Veterinarian for his approval.(7-1-24)

04.Removal from Bleeder List. The Commission Veterinarian may remove a horse from the Idaho Bleeder List, provided the proper paperwork is complete and it is the recommendation of the licensed veterinarian treating the horse, or after an examination by the Commission Veterinarian, it is determined that the horse is not a bleeder and is no longer eligible for the Bleeder List.(7-1-24)

IDAPA 11.04.01.562 Urine Samples

01.Phenylbutazone. No u rine sample taken from a horse authorized to use phenylbutazone may exceed one hundred sixty-five (165) micrograms total of phenylbutazone or its metabolites per milliliter of urine.

02.Lasix. Any horse whose post-race urine creatinine is less than forty (40) milligrams creatinine per one hundred (100) milliliters urine, and the ratio of urine furosemide to urine creatinine does not exceed fifteen hundredths (.15), with urine furosemide being measured in micrograms per milliliter of urine will be said to be positive for Lasix overage.(7-1-24)

IDAPA 11.04.01.563 Blood Samples

No blood sample taken from a horse authorized to use the follow ing substances may exceed these limits:(7-1-24)

01.Phenylbutazone. May not exceed five (5) micrograms of phenylbutazone or oxyphenbutazone per milliliter of plasma;(7-1-24)

02.Flunixin (Banamine). May not exceed twenty (20) nanograms per milliliter of plasma.(7-1-24)

03.Mechlofenamic Acid (Arquel). May not exceed one (1) microgram per milliliter of plasma.

04.Ketoprofen (Ketofen). May not exceed ten (10) nanograms per milliliter of plasma.(7-1-24)

05.Lasix (Furosemide) May not exceed one hundred (100) nanograms of furosemide per milliliter of plasma.(7-1-24)

IDAPA 11.04.01.564 Hair Testing

No hair sample taken from a horse may contain any prohi bited drug or other non-approved medication.(7-1-24)

01.Racing Commission Authority. The Racing Commission is authorized to collect and submit hair samples for testing in quarter horses and mixed breed races. Hair samples will be collected consistent with Section 528 of these rules.(7-1-24)

02.Presence of Prohibited Substances. The presence of any prohibited substances that appears in a pre or post-race sample including, but not limited to, Clenbuterol, Zilpaterol, and Ractopamine in Quarter Horse and mixed breed races will constitute a violation. Any report of prohibited or non-permitted medication in a hair sample will result in the horse being placed on a stewards list for sixty (60) days. A horse must provide a negative hair test prior to removal from any applicable list.(7-1-24)

03.Positive Finding for Prohibited Substance. Samples collected for out-of-competition testing in Quarter Horses and mixed breed horses that result in a positive finding for a prohibited substance as listed in Section 575 of these rules will be reported to the Board of Stewards and considered a violation. The presence of Clenbuterol in an out-of-competition test in a Quarter Horse will result in the horse being placed on the official veterinarians list for a minimum of sixty (60) days or until a sample is submitted and is reported as negative for the presence of Clenbuterol. If, at the owner’s request, a sample is submitted for screening for removal from the official veterinarians list, the owner is responsible for the cost of the testing.(7-1-24)

04.Hair Sample. If a horse is selected for hair testing and the mane is less than four and one-half inches (4 1/2”) in length, the Racing Commission may elect to collect a hair sample using the tail.(7-1-24)

IDAPA 11.04.01.565 (Reserved)

IDAPA 11.04.01.570 Lasix Administration

01.Time of Treatment. Horses on the Bleeder List must be treated at least four (4) hours prior to post time with the bleeder medication furosemide (ie. Lasix).(7-1-24)

02.Dosage. Bleeder medication must be administered in the manner and at a dose level approved by the Commission Veterinarian, such dosage not to exceed two hundred fifty (250) mg.(7-1-24)

03.Witness. At his request, the Commission Veterinarian or his designee may witness the administration of Lasix by the trainer's private licensed veterinarian.(7-1-24)

04.Reporting. Administration of Lasix must be reported in writing, on the form designated by the Racing Commission, to the Commission Veterinarian no later than three (3) hours prior to the scheduled post time of the last live race of the program.(7-1-24)

IDAPA 11.04.01.571 Horses Not Stabled on Grounds

Any horse on the Idaho Bleeder List that is not stabled on t he actual grounds of the Racing Association where it is to race must be brought on to the grounds of the Racing Association where it is scheduled to race at least five (5) hours prior to the post time for the race for which it is entered.(7-1-24)

IDAPA 11.04.01.572 Bicarbonate Testing

01.Administration Prohibited. No bicarbonate-containing substance or alkalizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or carbon dioxide in a horse may be administered to a horse on race day.(7-1-24)

02.Positive Test Level. Test samples collected from a horse either before or within one (1) hour following a race may not exceed thirty-seven point zero (37.0) millimoles of total carbon dioxide concentration per liter of serum or plasma. A serum total carbon dioxide level exceeding this value constitutes a positive test. (7-1-24)

03.Collection of Test Samples. The Commission Veterinarian, the Board of Stewards, or the Business Operations Manager, or ISP designee acting on behalf of the Racing Commission may at their discretion and at any time order the collection of test samples from any horses ordered to the test area to determine the serum or plasma pH or concentration of bicarbonate, carbon dioxide, or electrolytes. A sample consisting of at least thirteen (13) ml in a SST tube must be taken from any horse either just prior to a race or up to one (1) hour after a race to determine the serum total carbon dioxide concentration. If the primary testing laboratory finds that the total carbon dioxide levels in the tubes exceed the standard test values of thirty-seven point zero (37.0) millimoles per liter, this may be grounds for disciplinary action.(7-1-24)

04.Split Sample Testing Prohibited. When taking samples for total carbon dioxide levels, split samples are prohibited. The procedures for split sample testing does not apply to bicarbonate testing procedures.

IDAPA 11.04.01.573 Protection of Horses

The Trainer, groom and any other person having charge, custo dy or care of a horse is obligated to properly protect the horse and guard it against actual or attempted administration of drugs. If the Board of Stewards find that any person has failed to properly protect and guard a horse, they may impose such penalty and take such other action as they deem proper.(7-1-24)

IDAPA 11.04.01.574 Illegal Practices by Trainer

01.Disciplinary Sanctions.

A trainer who is found to have committed illegal practices under the statutes or rules, or both, that govern live horse racing in Idaho is subject to disciplinary sanctions, which may be levied by a fine up to two thousand five hundred dollars ($2,500), license suspension or license revocation. (7-1-24)

02.Disqualification for Non-Permitted Substance. If a horse tests positive for any substance (medication, drug, chemical, narcotic, anesthetic, or analgesic) not specifically permitted by these rules by either a pre- or post-race laboratory test, that horse is deemed ineligible to have raced in the race and will be disqualified retroactively to the start of the affected race. If such disqualification occurs, the horse’s owner(s) shall, within five (5) calendar days, return the entire amount of the purse or sweepstakes or trophy that was awarded in the affected race and the same will be redistributed. If the affected race is a qualifying race for a subsequent race and if a horse is disqualified, the eligibility of other horses that ran in the affected race and that have started in the subsequent race before announcement of such disqualification will not in any way be affected.(7-1-24)

IDAPA 11.04.01.575 Non-Approved Medication

01.Administration by Owner or Trainer.

A horse owner or trainer found to have administered any non-approved medication substances is in violation of these rules.(7-1-24)

02.Clenbuterol. A finding of Clenbuterol is prohibited in blood, urine, saliva, hair, or any other acceptable specimen.(7-1-24)

IDAPA 11.04.01.576 Medication Report Form

01.Submission of Medication Report Form.

All practicing licensed Veterinarians must submit daily to the Commission Veterinarian a Medication Report Form furnished by the Racing Commission.(7-1-24)

02.Content of Medication Report Form. The form must contain the following information: (7-1-24)

a.The name, age, sex and breed of the horse;(7-1-24)

b.The permitted drug used;(7-1-24)

c.The time the permitted drug was administered; and(7-1-24)

d.The route and dosage of the administration.(7-1-24)

03.Signed and Dated. The report must be dated and signed by the licensed Veterinarian so administering the medication.(7-1-24)

04.Confidential. Any such report is confidential and its content may not be disclosed except in a proceeding before the Board of Stewards or the Racing Commission or in the exercise of the Racing Commission's jurisdiction.(7-1-24)

IDAPA 11.04.01.577 Penalties

Any person violating any of the provision of these rules is subject to the penalties provided for in Title 54, Chapter 25 Idaho Code and any of the Racing Commission rules.(7-1-24)

IDAPA 11.04.01.578 Violations

Any person violating any of the provisions of these rules is sub ject to the penalties provided for in Title 54, Chapter 25, Idaho Code and any of the Racing Commission rules.(7-1-24)

01.First Violation. The first violation of these rules will result in the issuance of a fine to the horse's Trainer and such other penalty deemed appropriate.(7-1-24)

02.Second Violation. The second violation of this chapter by the same Trainer during the same calendar year will result in a suspension, a fine and such other penalty deemed appropriate.(7-1-24)

03.Third Violation. A third violation of this chapter will be referred to the Racing Commission for appropriate action up to and including revocation of license.(7-1-24)

04.Not Detected. If a Non-Steroidal Anti-inflammatory Drug other than DMSO is not detected in the urine or in any other specimen taken from a horse authorized to use the Non-Steroidal Anti-Inflammatory Drug, a fine up to five hundred dollars ($500) may be imposed upon the horse's Trainer without loss of purse.(7-1-24)

05.Detected. If a Non-Steroidal Anti-Inflammatory Drug is detected in the urine or in any other specimen taken from a horse not authorized to use the Non-Steroidal Anti-Inflammatory Drug, the violation will result in loss of purse and the horse's Trainer is subject to such penalties deemed appropriate.(7-1-24)

IDAPA 11.04.01.579 (Reserved)

SUB AREA B5: LIVE HORSE RACES

(Sections 600-699)

IDAPA 11.04.01.600 Enter, Search, and Inspect

Every Racing Association, the Racing Commission , the Stewards, or trained and qualified agents of the Idaho State Police, have the right to enter, search and inspect the buildings, stables, rooms and other places where horses that are eligible to race are kept, or where property and effects of the licensee are kept within the grounds of the Racing Association. Any licensee accepting a license is deemed to have consented to such search and to the seizure of any non-approved or prohibited materials, chemicals, drugs or devices and anything apparently intended to be used in connection therewith.(7-1-24)

IDAPA 11.04.01.601 Illegal Practices

01.Offer of Bribes. N o person may give, offer or promise, directly or indirectly, to anyone any bribe, gift or gratuity in any form for the purpose of improperly influencing the result of a race.(7-1-24)

02.Acceptance of Bribes. No person licensed by the Racing Commission, nor any other person, may accept or offer to accept, on his own behalf or on behalf of another, any bribe, gift or gratuity in any form to influence the result of a race.(7-1-24)

03.Conspire. No person may conspire with any other person for the commission of any corrupt or fraudulent practice in relation to racing, nor may he commit such an act on his own account.(7-1-24)

04.Bets. No person except the Owner or Trainer of the horse the Jockey is riding may make a bet for the account of any Jockey and then only on the horse being ridden by said Jockey.(7-1-24)

05.Shodding. A horse starting in a race must not be shod with ordinary shoes, training shoes or bar plates except by permission of the Board of Stewards.(7-1-24)

06.Devices. No electrical or mechanical device or other appliance designed to increase or decrease the speed of a horse, other than ordinary whip, may be possessed by anyone or applied by anyone to a horse at any time on the grounds of a Racing Association during a meeting whether in a race or otherwise.(7-1-24)

07.Tampering. No person may improperly tamper or attempt to tamper with any horse in such a way as to affect his speed in a race, nor may he counsel or in any way aid or abet any such tampering.(7-1-24)

08.Jockey’s Spouse. A jockey may not compete in any race against a horse which is trained by the jockey’s spouse.(7-1-24)

IDAPA 11.04.01.602 Consumption of Alcohol

No jockey, starter, assistant starter, pony person, outrider, or racing official may have present within his body any amount of alcohol while participating in any horse race held that day.(7-1-24)

IDAPA 11.04.01.603 Horse Races -- General Rules

01.Post Time. Post time must be shown a reasonable time prior to the race on a clock device, provided for that purpose, prominently displayed and clearly readable from the grandstand.(7-1-24)

02.Paddocks. Horses must be in the paddock at least twenty (20) minutes before post time and be saddled in the paddock.(7-1-24)

03.Number. In a race, each horse must carry a conspicuous saddlecloth number and a head number, corresponding to the assigned number on the official program. In the case of an Entry, each horse making up the Entry must carry the same number (head and saddlecloth) with a distinguishing letter. In the case of a Field, the horses comprising the Field must carry an individual number.(7-1-24)

04.Jockey. After the horses enter the track, no Jockey may dismount and no horse is entitled to the care of an attendant without consent of the Board of Stewards or the Starter, and the horse must be free of all hands other than those of the Jockey or assistant starter before the starter dispatches the Field.(7-1-24)

05.Accidents. In case of accident to a Jockey, his mount, or equipment, one of the Stewards or the starter may permit the Jockey to dismount and the horse to be cared for during the delay, and may permit all Jockeys to dismount and all horses to be attended during the delay.(7-1-24)

06.Injured Jockey. If a Jockey is injured on the way to the post so as to require replacement, the horse must be taken to the paddock and another Jockey and equipment obtained.(7-1-24)

07.Parade. All horses must parade and, under penalty of disqualification, carry their weight from the paddock to the starting post, such parade to pass the Stewards’ stand.(7-1-24)

08.Delays. After entering the track, no more than twelve (12) minutes may be consumed in the parade of the horses to the post except in cases of unavoidable delay. After passing the stand once, horses will be allowed to break formation and canter, warm up or go as they please to the post. When horses have reached the post, they must be started without unnecessary delay.(7-1-24)

09.Willful Delay. No person may willfully delay the arrival of a horse at the post.(7-1-24)

10.Selection of Horses. When the number of horses competing in a race exceeds the numbered capacity of the tote, the Field horses are to be selected by the handicapper or the Racing Secretary.(7-1-24)

11.Limit on Number of Horses. No more than eight (8) horses may start in any race on a one-half (1/2) mile track.(7-1-24)

12.Start. A horse may not be qualified to start in any race unless the horse has been and continues to be properly entered therein.(7-1-24)

IDAPA 11.04.01.604 Straightaway Races

01.Maintain Position. In a Straightaway Race every horse must maintain position as nearly as possible in the lane in which it starts.(7-1-24)

02.Entitled to Room. Every horse in the race is entitled to racing room and may not be deliberately impeded. If a horse is ridden or drifts out of its lane in such a manner that it interferes with or impedes another horse in any way, it is a foul.(7-1-24)

03.Offending Horse. The offending horse may be disqualified when, in the opinion of the Stewards, the outcome of the race was affected by the foul. This applies whether the foul was caused by the horse or by the rider, irrespective of cause.(7-1-24)

04.Caused by Horse. When the Board of Stewards rule that the foul was caused by the horse, in spite of obvious efforts of the Jockey to maintain position in its lane, no blame will be attached to the Jockey.(7-1-24)

05.Effort of Jockey. When the Board of Stewards rule that the Jockey did not make an effort to prevent the foul, then the Jockey may be fined or suspended, or both.(7-1-24)

06.Fined or Suspended. A Jockey who rides the horse out of its lane or fails to make an effort to hold the horse in its lane when the horse is lugging either in or out may be fined or suspended even though no actual foul occurs.(7-1-24)

IDAPA 11.04.01.605 Races Around a Turn

01.Race Around a Turn. In a race run around a turn, a horse that is in the clear may be taken to any part of the track, except that weaving back and forth in front of another horse may be considered interference or intimidation and may be penalized.(7-1-24)

02.Jostles. If a horse or Jockey jostles another horse, the aggressor may be disqualified unless the jostled horse or Jockey was at fault or the jostle was wholly caused by the fault of some other horse or Jockey.

03.Crossing Another Horse. A horse crossing another so as to actually impede it is disqualified, unless the impeded horse was partly in fault or the crossing was wholly caused by the fault of some other horse or Jockey.(7-1-24)

04.Strikes. If a Jockey willfully strikes another horse or Jockey or rides willfully or carelessly so as to injure another horse, which is in no way at fault, or so as to cause other horses to do so, the Jockey’s horse is disqualified.(7-1-24)

05.Shorten Strides. No Jockey may unnecessarily shorten his horses stride so as to give the appearance of having suffered a foul.(7-1-24)

IDAPA 11.04.01.606 Disqualification

The Board of Stewards are vested with the power to determine the extent of disqualification in case of fouls. (7-1-24)

01.Placing. They may place the offending horse behind such horses as in their judgment it interfered with or they may place it last.(7-1-24)

02.Entries. When a horse is disqualified under these rules, the other horse or horses in the same race coupled as an Entry may be disqualified.(7-1-24)

IDAPA 11.04.01.607 (Reserved)

IDAPA 11.04.01.610 Claims of Foul

Claims of foul under these rules can only be received from the owner, trainer or jockey of the horse alleged to be aggrieved and must be made to the Clerk of the Scales or to the Board of Stewards before the jockey has passed the scales. But nothing in these rules prevents the Board of Stewards taking cognizance of foul riding.(7-1-24)

01.Fouls. Any Jockey against whom a foul is claimed will be given the opportunity to appear or communicate with the Board of Stewards before any decision is made.(7-1-24)

02.Frivolous Complaints. An owner, trainer, or jockey who frivolously complains his horse was crossed or jostled may be subject to disciplinary action by the Board of Stewards.(7-1-24)

IDAPA 11.04.01.611 Best Effort

All participants are expected to give their best ef forts in races and any instructions or advice to Jockeys to ride or handle their mounts otherwise than for the purpose of winning are forbidden and such instructions must be reported immediately to the Board of Stewards by the Jockey. All persons giving or following such instructions or advice are subject to disciplinary action by the Board of Stewards.(7-1-24)

IDAPA 11.04.01.612 Entries and Declarations

The Racing Secretary is authorized to receive entries and declarations for all races.(7-1-24)

01.Overnight Race. Overnight Race Entries closes at a time designated and published by the Racing

02.Ineligible. No person may enter or start a horse which is known or believed to be ineligible or disqualified.(7-1-24)

03.Ringer. No person may enter or start a horse which is a ringer.(7-1-24)

04.Declaring an Entry. No person may offer or receive money or any other benefit for declaring an Entry from a race.(7-1-24)

05.Entry Refused. The entries of any person, or the transfer of any Entry, may be refused without notice for reasons deemed to be in the best interest of racing as determined by the Board of stewards.(7-1-24)

06.Eligible. All horses must be eligible to start at time of Entry, and to compete in a race, a horse needs to be eligible at the time of starting that race.(7-1-24)

07.Responsibility. Any person participating in the entry will be jointly and severally responsible and liable with the Trainer for the accuracy and authority of the entry.(7-1-24)

08.Trainer. No horse is permitted to enter or to start unless in the care and attendance of a licensed Trainer.(7-1-24)

09.Name of Jockey. Upon making an entry, every Trainer needs to furnish the name of the Jockey who will ride the entry or, if this is not possible, in any event to furnish the information not later than scratch time. If no Jockey has been named by that hour, the Board of Stewards will name the best available rider for the horse.

10.Entry Void. If any entry from any disqualified person or a disqualified horse is received, such entry is void and any money paid for such entry may be forfeited to the purse of the race.(7-1-24)

11.Entries. All entries are under the supervision of the Stewards.(7-1-24)

IDAPA 11.04.01.613 Coupled Entries

01.Coupled Entries.

Two (2) or more horses that are entered in a race will be joined as a mutuel entry and single betting interest if they are owned or leased in whole or in part by the same racing interest or are trained by a trainer who owns or leases any interest in any of the other horses in the race, except: (7-1-24)

a.Multiple horses owned by the same racing interest may be uncoupled in stake races for the purpose of pari-mutuel wagering; or(7-1-24)

b.Multiple horses owned by the same racing interest may be uncoupled for the purpose of parimutuel wagering.(7-1-24)

02.Overnight Race. No more than two (2) horses owned by the same racing interest may be entered in an overnight race. Under no circumstances may both horses of such an entry start to the exclusion of a single entry.

When making an entry, a preference for one (1) of the horses must be made.(7-1-24)

IDAPA 11.04.01.614 Written Entries

Entries and declarations must be made in writing and signed by the Trainer of the horse, or his delegate or some person deputized by him, except:(7-1-24)

01.Telephone. Entries may be made by telephone, facsimile or electronic submission, if approved by the State Steward. All telephone, facsimile or electronic submission, entries must be signed by the Trainer of the horse, or his delegate or some person authorized by him, before the horse will be allowed to start in any race.

02.Entry Blanks. Each Racing Association must provide blank forms on which entries and declarations are to be made as approved by the Racing Commission.(7-1-24)

IDAPA 11.04.01.615 Registration

01.Duly Registered. No thoroughbred horse will be allowed to enter or start in any race unless duly registered and named at the registry office of the Jockey Club (New York), nor will a Quarter Horse be allowed to enter or start in any race unless duly registered with the American Quarter Horse Association (Amarillo, Texas), nor any Appaloosa horse will be allowed to enter or start unless duly registered with the Appaloosa Horse Club, Inc., (Moscow, Idaho), with the exception that the Board of Stewards may at their discretion, for good cause, waive this requirement if the horse is otherwise properly identified.(7-1-24)

02.Certificate or Facsimile. At the time of entry, certificate or facsimile of registration from the Jockey Club (New York) or the American Quarter Horse Association (Amarillo, Texas) or the Appaloosa Horse Club, Inc., (Moscow, Idaho) of every horse starting must be filed in the office of the Racing Secretary. The Board of Stewards may at their discretion waive this rule in the case of haul in horses.(7-1-24)

03.New Name. If the name of a horse is changed, the new name together with the former name will be published in the official program for the first three (3) starts after the change has been made. No change of names will be acceptable unless first granted by the Jockey Club, the American Quarter Horse Association, the Appaloosa Horse Club or other registry under which the horse is registered. Violation of any part of this rule will cause the horse to be named a “RINGER” and the horse and all persons connected with the violation will be ruled off and referred to the

04.Sex Altered. All geldings and all fillies and mares which have been “spayed” (i.e., rendered incapable of conception by whatever procedure, including removal of the ovaries) must be reported promptly by the owner or person in charge of the animal to the registry office, giving, in the case of geldings, the date of castration (or any other procedures having the effect of castration) and, in the case of fillies and mares, the date and nature of the procedure employed.(7-1-24)

IDAPA 11.04.01.616 Identification

01.Identification. If entered for the first time, a horse will be identified by stating his name, color, sex and age and the name of his sire and dam as registered. This description must be repeated in every entry until a description of the horse with its name has been published in the official program or the list of entries of the Association or in such other publication as the Racing Commission may designate. In every entry after such publication, its name and age will be sufficient.(7-1-24)

02.Permitted to Start. No horse is permitted to start that has not been fully identified.(7-1-24)

03.Responsibility. Responsibility in the matter of establishing either the identity of a horse or its complete and actual ownership is as binding on the persons so identifying or undertaking to establish as it is on the person having the horse requiring identification and the same penalty applies to them in case of fraud or attempt at fraud.(7-1-24)

04.Method of Identification. All horses must have either a lip tattooed or be identified by a National Animal Identification System compliant device.(7-1-24)

IDAPA 11.04.01.617 Ownership

01.Disclosure of Ownership.

All ownerships in a horse must be filed with the Racing Secretary before the horse may start, and update every change in ownership thereafter during the race meeting. Failure to disclose all ownerships may result in a fine or suspension, or both.(7-1-24)

02.Registration of Partnerships. No horse involved in a partnership will be permitted to enter or to start until the rules for the registration of partnerships have been complied with.(7-1-24)

03.Disqualified. No horse will be qualified to be entered or to start in any race if owned in whole or in part by or if under the direct or indirect management of a person disqualified under Idaho Law or Racing Commission

IDAPA 11.04.01.618 Workouts

01.Minimum Number of Workouts.

A horse that has never run at a recognized race meet must have a minimum of two (2) official workouts and be approved by the Starter before being eligible to start in an official

02.Recognized Meet. Any horse that has not run at a recognized race meet in the forty-five (45) days prior to the race in which it is sought to be entered must have at least one (1) official workout before being eligible to start in an official race.(7-1-24)

03.Workout Around the Turn. Any horse that has not raced around one (1) turn must have one (1) official workout around the turn before being able to enter or start any race around the turn.(7-1-24)

IDAPA 11.04.01.619 Entries Closed

01.Entries Closed at Advertised Time. Entries must be closed at an advertised time and no entry accepted thereafter. The Racing Secretary, however, with the consent of the Stewards, may postpone closing of overnight races.(7-1-24)

02.Absence of Notice. In the absence of notice to the contrary, entrance and declarations for a stakes race must be at the office of the Racing Secretary who will make provisions therefore.(7-1-24)

03.Hour of Closing. When the hour for closing is designated, entries and declaration for stake races cannot be received afterwards. If an hour is not designated, then the close of entries and declarations will be at the close of the day’s draw.(7-1-24)

04.Entries Compiled. Entries that have closed must be complied without delay by the Racing Secretary and conspicuously posted.(7-1-24)

05.Changes. No changes may be made in any entry after closing of entries except the Racing Secretary may correct an error with the approval of the Stewards.(7-1-24)

06.Unclosed Race. The Racing Association has the right to withdraw or change any unclosed race.

IDAPA 11.04.01.620 Not Qualified to Start

01.Listed.

No horse on the Stewards, Veterinarians, Starters, or Paddock list is qualified to start.

02.Money Paid. No horse is allowed to start in a race unless any stake or entrance money payable in respect to that race has been duly paid.(7-1-24)

03.Nominator. The nominator is liable for the entrance money or stake and the death of a horse or mistake in its entry does not release the subscriber or transferee from liability for stake. The entrance money to the purse that is run off will not be returned on the death of a horse or its failure to start for any cause whatever. (7-1-24)

04.Registration Papers. No horse is allowed to start unless the horses registration papers are on file, or digitally in the Racing Secretary’s office.(7-1-24)

05.Unlicensed Owner. No horse is allowed to start unless the horses owner has been licensed by the

IDAPA 11.04.01.621 (Reserved)

IDAPA 11.04.01.630 Preference System

01.Preferred List.

A copy of the preferred list will be made available to the Racing Commission and horsemen before taking entries for the following race day.(7-1-24)

02.Excluded Twice. If a horse has been excluded twice consecutively, it has preference over a horse excluded only once and so on.(7-1-24)

03.Opportunity. No horse will be placed on the preferred list if the Owner or Trainer thereof did not accept the opportunity of starting when it was presented.(7-1-24)

04.No Consideration. Horses whose names appear in the entries and have an opportunity to start will be given no consideration whatsoever should they be entered for the following race day and the race overfills, except stakes races.(7-1-24)

05.Claim. In entering horses on the preferred list, a claim of preference must be made at time of entry and noted on the entry or the preference will be lost and no claim of error will be considered by the Board of Stewards if the person making the claim has signed an entry not marked in keeping with these rules.(7-1-24)

IDAPA 11.04.01.631 Nominations and Engagements

01.Nominations and Engagements. N ominations and all entries or rights of entry are valid when a horse is sold with its engagements duly transferred in duly registered partnerships when subscriptions, entries and rights of entry survive in the remaining partners and when entries under the decedent’s subscriptions have been made previous to the decedent’s death by the transfer of the rights of entry.(7-1-24)

02.When Nominations Void. Nominations and all entries or rights of entry become void on the death of a nominator except in the case of duly registered partnerships or except, subject to the sanction of the Stewards, when the personal representative of an estate of the decedent nominator for the privilege of transfer agrees to assume any and all obligations incident to the original entries.(7-1-24)

03.Transfer. In case of any transfer of a horse with its engagements, such horse will not be eligible to start in any stake unless at the usual time of the running of the stake, or prior thereto, the transfer of the horse and its engagements are exhibited to the Racing Secretary when demanded.(7-1-24)

04.Sold. Should a horse be sold with its engagements, or any part of them, the seller cannot strike the horse out of any such engagements.(7-1-24)

05.Claimed Out. When a horse is claimed out of a claiming race, its engagements are included.

06.Engagements Voided. If a horse is sold to a disqualified person, said horse’s racing engagements is void as of the date of sale.(7-1-24)

IDAPA 11.04.01.632 Post Positions

01.Post Positions Determined by Lot.

Post positions are determined publicly by lot in the presence of the Racing Secretary and Steward. Thereafter if a regular carded horse is excused from a race, all horses will move up in post position order.(7-1-24)

02.Applicability. This rule applies unless the Association specifically provides otherwise in writing in its stake or condition book.(7-1-24)

03.Position. Horses must take their position at the post in the post position order in which their names have been drawn, beginning from the inside rail.(7-1-24)

04.Starter. The starter is the final authority as to the horses’ numerical loading order into the starting gate and the order may be changed by the starter with the approval of the Board of Stewards.(7-1-24)

IDAPA 11.04.01.633 Number of Starters

01.Limit.

The race is limited to the number of starters as specified in the conditions.(7-1-24)

02.More Than the Specified Number. If more than the specified number of entries is received in an overnight race, then:(7-1-24)

a.Winners of a stakes race have first preference;(7-1-24)

b.Winners have second preference;(7-1-24)

c.Stake placed maidens have third preference;(7-1-24)

d.Other maidens have fourth preference; and(7-1-24)

e.Non-starters have fifth preference.(7-1-24)

IDAPA 11.04.01.634 Dead Heat

01.Dead Heat.

When two (2) or more horses run a dead heat, the dead heat will not be run off.

02.Purse Divided Equally. The owners of the horses in a dead heat must equally divide the purse money and other prizes. If no agreement can be reached as to which receives the cup, plate or other indivisible prize, they must draw lots for it in the presence of one (1) or more of the Stewards.(7-1-24)

03.First Place. If a dead heat is for first place, each horse is considered a winner of the amount received in accordance with Subsection 634.02 of these rules.(7-1-24)

IDAPA 11.04.01.635 Declarations

01.Scratched or Declared. No horse is considered scratched or declared until the Trainer or an authorized agent, or some person authorized by the Trainer, has given due and timely notice in writing to the Racing

02.Stake Races. For stake races, if a horse is not named through the entry box at the specified time of closing, the horse is automatically out.(7-1-24)

03.Irrevocable. The declaration or scratch of a horse is irrevocable.(7-1-24)

04.Miscarriage. If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of such miscarriage is required; otherwise, the declaration is accepted as of the time alleged.(7-1-24)

05.Stewards. All declarations are under the supervision of the Stewards.(7-1-24)

IDAPA 11.04.01.636 Scratches

01.Scratches.

A horse may be scratched from a race if eight (8) betting interests remain in the race.

02.Request to Withdraw. If there are more requests to withdraw than are available, permission to withdraw will be decided by lot. However, in all races involving the Daily Double or Trifecta, no entry may be withdrawn that would reduce the starting field to less than the number designated by the Racing Secretary except with the permission of the Stewards.(7-1-24)

03.Other Causes. No other entries will be excused except upon receipt of a Veterinarian’s Certificate of unfitness, a change of track conditions since the time of entry, or other causes acceptable to the Stewards. (7-1-24)

IDAPA 11.04.01.637 Colors

01.Racing Colors. Ow ners may obtain suitable racing colors that must be registered annually, together with the owners’ license application.(7-1-24)

02.Fine. Anyone using colors other than their own are subject to a fine. However, in case of emergency, the Board of Stewards may allow the use of substitute colors which must be of standard track colors furnished by the Racing Association.(7-1-24)

03.Standard Colors. Racing Associations may use standard colors if approved by the Racing Commission. If standard colors are used, such colors must be furnished by the Racing Association and in these instances the owner will not need to provide colors.(7-1-24)

IDAPA 11.04.01.638 Weights

The following weights are carried whe n they are not stated in the condition of the race:(7-1-24)

01.Intermediate Length. In races of intermediate lengths, the weights for the shorter distance are carried.(7-1-24)

02.Allowances. In all races, except handicaps and races where the conditions expressly state to the contrary, two-year old fillies are allowed three (3) pounds, three-year old and older fillies and mares are allowed five (5) pounds before the first of September and three (3) pounds thereafter.(7-1-24)

03.Overnight Races. In all overnight races, except handicaps, not more than six (6) pounds may be deducted from the scale of weight for age, except allowances; but in no case may the total of allowance of any type reduce the lowest weight below one hundred three (103) pounds, except that this minimum weight need not apply to two-year olds or three-year olds when racing older horses.(7-1-24)

04.Penalties. Penalties and allowances of weight are not cumulative unless so declared by the conditions of the race. Horses not entitled to the first weight allowance in a race are not entitled to the second and so

on.(7-1-24)

IDAPA 11.04.01.639 Apprentice Jockey Weight Allowance

01.Weight Allowance.

An Apprentice Jockey must ride with a five (5) pound weight allowance beginning with the first mount for one (1) full year from the date of the fifth winning mount.(7-1-24)

02.After One Year. If after riding one (1) full year from the date of the fifth winning mount the Apprentice Jockey has failed to ride a total of forty (40) winners from the date of the first winning mount, the apprentice must continue to ride with a five (5) pound weight allowance for one (1) more year from the date of the fifth winning mount or until the apprentice has ridden a total of forty (40) winners, whichever comes first.(7-1-24)

03.If Unable to Ride. If an Apprentice Jockey is unable to ride for a period of fourteen (14) consecutive days or more from the date of the apprentice’s fifth winning mount because of service in the Armed Forces of the United States or because of physical disablement, the Racing 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.(7-1-24)

IDAPA 11.04.01.640 Weights in Handicap Races

01.Weight Assignment. The Handicapper or Board of Handicappers assigns all weight to be carried in a handicap race.(7-1-24)

02.No Alterations. No alteration may be made after publication except in the case of omission through error of the name or weight of a horse duly entered; in which case, by permission of the Stewards, the omission may be rectified by the Handicapper.(7-1-24)

IDAPA 11.04.01.641 Weight for Age

01.Limit.

Exclusively for three-year olds or four-year-olds the weight is one hundred twenty-six (126) pounds and in races exclusively for two-year olds it is one hundred twenty-two (122) pounds.(7-1-24)

IDAPA 11.04.01.642 (Reserved)

IDAPA 11.04.01.650 Clerk of the Scales

01.In Charge of the Scales.

The Clerk of the Scales is in charge of the scales furnished by the Racing Association.(7-1-24)

02.Check the Weight. The Clerk of the Scales must check the weight of all Jockeys out and perform such other duties as are customary.(7-1-24)

03.Record. At the time of weighing out, the Clerk of the Scales must record all overweights and announce them publicly prior to the first race of the day and before the running of each race.(7-1-24)

04.Weigh In. After each race the Clerk of the Scales must weigh in all Jockeys running fourth or better.(7-1-24)

IDAPA 11.04.01.651 Pre-Race Weigh Out

01.Specific Horse. Every Jockey must be weighed for a specified horse no more than thirty (30) minutes before the time fixed for the race.(7-1-24)

02.Jockey Equipment. A Jockey’s weight includes riding clothes, saddle and pad but does not include the safety helmet or whip.(7-1-24)

IDAPA 11.04.01.652 Overweight

01.Overweight. If a Jockey intends to carry overweight, the amount thereof must be declared at the time of weighing out. If in doubt as to the proper weight, the weight to be carried may be declared.(7-1-24)

02.More Than Two Pounds. If a Jockey intends to carry overweight exceeding by more than two (2) pounds the weight which the horse is to carry and the Trainer consents, the Jockey must declare the amount of overweight to the Clerk of the Scales at least forty-five (45) minutes before the time appointed for the race and the Clerk must state the overweight on the notice board immediately. Failure on the part of the Jockey to comply with this rule must be reported to the Stewards.(7-1-24)

03.No More Than Seven Pounds. No horse may carry more than seven (7) pounds overweight, except at fair circuit racetracks with the permission of the stewards.(7-1-24)

IDAPA 11.04.01.653 Post Race Weigh in

01.Upon Completion of a Race.

After a race has been run and after the Jockey has pulled up the horse ridden, the Jockey must ride promptly to the area designated by the Stewards. After obtaining permission from the Judges, the Jockey must dismount and present himself to the Clerk of the Scales to be weighed in. If a Jockey is prevented from riding a mount to the Judges stand because of an accident or an illness either to the Jockey or the horse, the Jockey may walk or be carried to the scales or may be excused by the Board of Stewards from weighing.

02.Preparation for Weigh In. Except by permission of the Board of Stewards upon returning to the Placing Judges stand, every Jockey must unsaddle the horse ridden. No person may touch the Jockey or the horse, except by the bridle, nor cover the horse in any manner until the Jockey has removed the equipment to be weighed.

03.Carrying Equipment. Each Jockey must weigh in carrying over the Scales all pieces of equipment with which weighed out. Thereafter, the equipment may be given to the Jockey’s attendant.(7-1-24)

04.Same Weight. Each Jockey must weigh in at the same weight as that which he weighed out and, if short of it by more than two (2) pounds, the horse will be disqualified.(7-1-24)

05.More Weight. If any Jockey weighs in at more than two (2) pounds over the proper or declared weight, the Jockey will be fined or suspended or ruled off by the Board of Stewards, having due regard for any excess weight caused by rain or mud. The case must be reported to the Racing Commission for such action as it may deem proper.(7-1-24)

IDAPA 11.04.01.654 Paddock Judge

The Paddock Judge is in charge of the paddock.(7-1-24)

01.Horses. The Paddock Judge must check all horses for each race.(7-1-24)

02.Records. The Paddock Judge must keep a record of equipment carried by horses in races under the Paddock Judge’s jurisdiction and he may not permit any change in equipment not authorized by the Stewards.

03.Shod. The Paddock Judge must determine that horses in the paddock are properly shod and report any irregularities to the Stewards.(7-1-24)

04.Bandages. The Paddock Judge and the Commission Veterinarian must inspect bandages on horses prior to the participation in a race. They may order removal and replacement of bandages. They must report any indications of fraud in the type of bandages or other equipment to the Stewards.(7-1-24)

05.Commands. The Paddock Judge issues the command “RIDERS UP” and the order to proceed to the post parade.(7-1-24)

06.Conduct. The Paddock Judge is responsible for the conduct of all persons in the paddock and all irregularities in conduct must be reported to the Stewards.(7-1-24)

07.Paddock Safety. The Paddock Judge is responsible for safety in the paddock and for safety reasons may limit the number of people allowed in the paddock area.(7-1-24)

IDAPA 11.04.01.655 Equipment

01.Permission Needed fo r Equipment Change. Permission for any change of equipment from that which a horse carried in its last race must be secured from the Paddock Judge before being granted by the Stewards.

Such change needs to be announced or posted for public information.(7-1-24)

02.Blinkers. Permission to use or discontinue the use of blinkers must be secured from the starter before being granted by the Stewards.(7-1-24)

03.Bridles and Whips. All bridles and whips must be of racing design and in a clean serviceable condition approved by the Stewards. All whips must have a minimum of three (3) rows of feathers.(7-1-24)

04.Tongue Tie. Permission to use or discontinue the use of a tongue tie must be secured from the Paddock Judge before being granted by the Stewards.(7-1-24)

05.Change. Any equipment change from the time the horses enter the track until the horses are dispatched at the start of the race must be made by the Starter. If schooled before the Starter and approved by him and the Board of Stewards before time of entry, a whip or blinkers, or both, may be used on two-year-olds and other first time starters.(7-1-24)

06.Head Number. Every horse in a race must have a head number attached at the junction of the brow band and the head piece of the bridle. This number must correspond to the saddle cloth number of the horse as shown on the program. The Board of Stewards may for good cause excuse this requirement.(7-1-24)

IDAPA 11.04.01.656 The Starter

01.Starter.

The Starter must give orders to secure a fair start. To avoid delay, if after reasonable efforts a horse cannot be led or backed into position, the Starter will request the horse scratched by the Stewards.(7-1-24)

02.Starting Gate. All races must utilize a starting gate approved by the Racing Commission, except that with permission of the Board of Stewards a race may be started with or without a gate. When the starting gate is used, it must be placed on the track at the direction of the Starter.(7-1-24)

03.Assistants. The Starter may appoint assistants but neither the Starter nor assistants may strike or use abusive language toward a Jockey. The Starter or assistant will be disciplined by the Board of Stewards for violation of this rule.(7-1-24)

04.Schooled. Horses must be schooled under the supervision of the Starter or assistants and the Starter must designate the horses to be placed on the starters list, a copy of which is to be posted in the office of the Racing

05.Approval. The Starter must approve all entries of two-year-olds and first time starters before they are allowed to start.(7-1-24)

06.Disciplinary Action. The Starter may recommend to the Board of Stewards disciplinary action against Jockeys or other persons.(7-1-24)

IDAPA 11.04.01.657 Timer

01.Timers.

The Timers, the number to be determined by the Stewards, must occupy the Timer’s stand or other appropriate place during the running of a race and they will record the time of each race for posting. At the close of each day’s racing, they must file a written report of the time, including the fractional time, of each race of the day with the Racing Secretary.(7-1-24)

02.Recorded Time. The time recorded for the first horse to cross the finish line is the official time of the race. If a horse establishes a track record and it is later determined there is a presence of a drug, such track record is null and void.(7-1-24)

03.Electronic Timing. Electronic timing devices must be approved by the Racing Commission.

IDAPA 11.04.01.658 Patrol Judge

01.Duties.

The Racing Association may appoint and assign Patrol Judges, as required by the Stewards, whose duties are to view each race from the vantage point assigned to them by the Stewards.(7-1-24)

02.Communication. The Racing Association must provide communication devices between the Patrol Judges and the Stewards.(7-1-24)

03.Report. Prior to 9 a.m. the following work day the Patrol Judge must report in writing the Judge’s observation of each race and be provided to the Stewards.(7-1-24)

IDAPA 11.04.01.659 Placing Judges

The Placing Judge or Judges may decide which horse wins and assign respective places in the race as is proper, usually the first four (4) finishing positions. When the Judges differ, the majority governs. In determining the places of horses at the finish of a race, the Placing Judges must consider only the respective noses of such horses. (7-1-24)

IDAPA 11.04.01.660 (Reserved)

IDAPA 11.04.01.665 Photo Finish Camera

01.Approved Camera.

A photo finish camera that has been approved by the Racing Commission must be installed as an aid to the Placing Judges at each track.(7-1-24)

02.Judges Decision. The camera is merely an aid and the decision of the Judges is final. The finish line must appear in the photos.(7-1-24)

03.Photo Posted. The photograph of each photo finish must be posted in at least one (1) conspicuous place at the track as promptly as possible after each such race.(7-1-24)

04.Photographic Record. The Racing Association must keep a photographic record of each race on file for the duration of the race meet for reference or reproduction upon request of the Racing Commission. (7-1-24)

IDAPA 11.04.01.666 Placing Errors

01.Errors. Not hing in these rules may be construed to prevent the Placing Judges, with the approval of the Stewards, from correcting an error before the display of the sign “OFFICIAL.”(7-1-24)

02.Method. If the “OFFICIAL” sign is displayed in error, the pools and purses must be calculated for both error and correction and the Racing Association must make up any losses.(7-1-24)

IDAPA 11.04.01.667 Video Records

In instances where there was an inquiry, disqualification or suspension as a result of the running of the race, video camera tapes of races will be kept until released in writing by the Racing Commission.(7-1-24)

IDAPA 11.04.01.668 Claiming Races

All claiming races must be run in conformance with thes e rules and IDAPA 11.04.01.B.B6 “Rules Governing Claiming Races”.(7-1-24)

IDAPA 11.04.01.669 (Reserved)

IDAPA 11.04.01.675 Stake Race Applications

01.Stake Race Nomination Applications. Stake race nomination applications must be submitted to the Racing Commission for approval. Rules adopted by the Racing Commission supersede conditions of the race.

02.Weights. Weights, or the method of selection of weights, must be listed on the nomination application.(7-1-24)

03.Purse. Stake nomination applications must indicate the amount of money to be added to the purse by the Racing Association or sponsor, if any.(7-1-24)

04.No Deductions. No deductions may be withheld from the purse unless so stated on the nomination application.(7-1-24)

IDAPA 11.04.01.676 Stake Race Nominations

If a nominee is sold, the entry goes with the foal and fees may be kept up by the buyer. There will be no refunds. If a nominee dies, the entry fees remain in the race.(7-1-24)

IDAPA 11.04.01.677 Nomination and Entry Fees

01.Fees Deposited. Nomination and entry fees must be deposited in an account approved by the

02.Interest. Accrued interest must be added to the purse of the stakes race.(7-1-24)

03.List. A list of all horses remaining eligible must be sent to the Racing Commission and each nominator or made available on a website listed on the nomination application to the stake no later than fourteen (14) days after the closing of each payment.(7-1-24)

04.Deposits. All monies and accrued interest must be deposited with the Horsemen’s Bookkeeper prior to the day of entry.(7-1-24)

05.Refund. Any horses drawing outside the gate will have the entry fee refunded.(7-1-24)

IDAPA 11.04.01.678 Cancellation of a Stakes Race

A Racing Association reserves the right, with the consent of the Racing Commission, to cancel or postpone a stakes race.(

IDAPA 11.04.01.679 Failure of Stall Gate

No liability will be incurred beyond the refund of starting and entry fees if a stall gate fails to open and such horse is declared a nonstarter.(7-1-24)

IDAPA 11.04.01.680 Race Off

If a stake race is declared off, all nominations and fee s and accrued interest paid in connection with that race must be refunded. Incurred administration expense may be deducted, subject to review by the Racing Commission. (7-1-24)

IDAPA 11.04.01.681 Stake Trials

01.Trial. Except in cases where the starting gate physically restricts the number of horses starting, each trial must consist of no more than ten (10) horses.(7-1-24)

02.Less Than Ten Stalls. If the Racing Association’s starting gate has less than ten (10) stalls, then the maximum number of qualifiers will correspond to the maximum number of starting gate positions.(7-1-24)

03.Finals Only. The Racing Association may choose to run a finals only if the number of horses eligible is less than the available stalls in the starting gate.(7-1-24)

IDAPA 11.04.01.682 Trials Raced Under Same Conditions

01.Same Conditions.

The trials must be raced under the same conditions as the finals and the number of qualifiers for the finals must correspond to the number of stalls in the starting gate for the finals.(7-1-24)

02.Conducted On Same Day. If the trials are conducted on the same day, the number of horses corresponding to the stalls available in the starting gate per the conditions of the race will qualify to participate in the finals.(7-1-24)

03.Conducted On Two Days. If the trials are conducted on two (2) days, one-half (1/2) of the horses that qualify for the finals must come from the first day of trials and one-half (1/2) of the horses that qualify for the finals must come from the second day of trials.(7-1-24)

04.More Than One Entry. When trials are conducted on two (2) days, the Racing Secretary must split owners with more than one (1) entry into separate days.(7-1-24)

IDAPA 11.04.01.683 Qualification Based on Time

01.Qualifying.

In the time trials, horses qualify on the basis of time and order of finish. The times of the horses in the time trial will be determined to the limit of the timer.(7-1-24)

02.Same Trial Heat. The only exception is when two (2) or more horses have the same time in the same trial heat. Then the order of finish also determines the preference in qualifying for the finals.(7-1-24)

03.Different Trial Heats. Should two (2) or more horses in different time trials have the same qualifying time to the limit of the timer for the final qualifying position(s), then a draw by public lot will be conducted as directed by the Stewards.(7-1-24)

04.Not Determined Beyond the Limit of the Timer. Qualifying times in separate trials will not be determined beyond the limit of the timer by comparing or enlarging photo-finish images, or both.(7-1-24)

05.Adjustments. No adjustments will be made in the times recorded in the time trials to account for head-wind, tail-wind, off-track, etc.(7-1-24)

IDAPA 11.04.01.684 Disqualification

01.Disqualification. Except in the case of disquali fication, under no circumstances will a horse qualify ahead of a horse that finished ahead of that horse in the official order of finish in a time trial.(7-1-24)

02.Interference. Should a horse be disqualified for interference during the running of a time trial, it will receive the time of the horse it is immediately placed behind plus one hundredth (.01) of a second, or the maximum accuracy of the electronic timing device.(7-1-24)

03.No Time. If a horse is disqualified for interference with another horse causing loss of rider or the horse not to finish the race, the disqualified horse will be given no time plus one hundredth (.01) of a second, or the maximum accuracy of the electronic timing device.(7-1-24)

IDAPA 11.04.01.685 Timer Malfunction in a Time Trial

01.Electronic Time Malfunction. Sho uld a malfunction occur with electronic timer on any time trial, finalists from that time trial will then be determined by official hand times operated by three (3) official and disinterested persons.(7-1-24)

02.Average of Times. The average of the three (3) hand times will be utilized for the winning time, unless one (1) of the hand times is clearly incorrect. In such cases, the average of the two (2) accurate hand times will be utilized for the winning time. Other horses will be given times according to the order and margins of finish with the aid of the photo-finish, if available.(7-1-24)

03.Malfunction in Some Trials Only. When there is a malfunction of the timer in some time trials, but the timer operates correctly in other time trials, the accurate electronic times will not be discarded, nor will the average of the hand times be used for all time trials.(7-1-24)

04.Accuracy Questioned. If the accuracy of the electronic timer or the average of the hand times, or both, are questioned, the video of a time trial may be used by the Board of Stewards to estimate the winning time by counting the number of video frames in the race from the moment the starting gate stall doors are fully open parallel to the racing track.(7-1-24)

05.Based on Video. When the timer malfunctions and there are no hand times, the Board of Stewards may select qualifiers based on the video.(7-1-24)

IDAPA 11.04.01.686 Qualification Based on Order of Finish

01.Order of Finish. Qualification for finals may be based upon order of finish in the trials as opposed to time. (7-1-24)

02.Top Finishers. The top finishers in each trial heat will qualify in equal numbers from each heat with the total number of qualifiers limited to the maximum number of starting gate positions. (7-1-24)

03.Equal Number of Qualifiers. In the event an equal number of qualifiers from each trial heat will not be sufficient to fill all stating gate positions, the remaining positions will be filled by lot between the horses in each trial heat that finished directly behind those that qualified.(7-1-24)

IDAPA 11.04.01.687 Starting Gate Malfunction

01.Malfunction. Shou ld there be a malfunction of the starting gate, and one (1) or more stall doors do not open or open after the exact moment when the starter dispatches the field, the Board of Stewards may declare the horses with malfunctioning stall doors non-starters and the starting and entry fees refunded, or may allow any horse whose stall door opened late, but still ran a time fast enough to qualify to be declared a starter for qualifying purposes.

02.Breaks Through Gate. If a horse breaks through the stall door, or the stall door opens prior to the exact moment the starter dispatched the field, the horse must be declared a non-starter and the starting and entry fees refunded. If the field has not been dispatched, the horse may be allowed to start at the discretion of the Stewards.

03.Considered Starters. If one (1) or more, but not all, stall doors open at the exact moment the starter purposely dispatches the field, all horses should be considered starters for qualifying purposes and placed according to their electronic time.(7-1-24)

IDAPA 11.04.01.688 Scratched from Trials

If a horse should be scratched from the trials, the horse’s owner i s not eligible for a refund of the fees paid and is not allowed to enter the final.(7-1-24)

IDAPA 11.04.01.689 Scratched from Finals

If a horse that qualified for the final should be unable to en ter due to racing soundness, or scratched for any reason other than a positive drug test or a rule violation, the horse is deemed to have earned and the owner will receive, last place purse money. If more than one (1) horse is scratched from the final, then those purse monies will be added together and divided equally among those owners.(7-1-24)

IDAPA 11.04.01.690 Qualifier Ineligible

01.Prior to Entry. If a qualifier for a final or consolation is disqualified for ineligibility or a rule violation after the trials are declared official, but prior to entry for the final or consolation, the next eligible horse to qualify will replace the disqualified horse.(7-1-24)

02.After Entry. If a qualifier is disqualified after entry for the final or consolation for ineligibility or a rule violation in the trials, the purse will be redistributed, and the next eligible horse to qualify will receive last place purse money.(7-1-24)

IDAPA 11.04.01.691 Also Eligible

01.Also Eligibles.

There will be no more than four (4) also eligibles selected when one (1) division of a stake is to be run. Horses cannot be advanced after the regular advertised scratch time.(7-1-24)

02.No Also Eligible List. When two (2) or more divisions of the same stake are to be run, there will be no “also eligible list” in any of the two (2) or more divisions and if a horse should scratch, the owner will receive last place purse money in that particular division for which the horse qualified.(7-1-24)

03.More Than One Scratch. If more than one (1) horse should scratch out of the same division, than those monies will be added together and divided equally among those scratching out of that division.(7-1-24)

IDAPA 11.04.01.692 Jockey Room Custodian

The Jockey Room Custodian must be in attendance at all ti mes that the Jockeys are in the Jockey room. The Custodian is authorized to regulate the conduct of Jockeys.(7-1-24)

IDAPA 11.04.01.693 Identifier

01.Identifier.

The Identifier is responsible for positively identifying all horses entered to race.

02.Inspection. The Identifier inspects each horse prior to its departure for the post.(7-1-24)

03.Other. The Identifier inspects, identifies and prepares I.D. cards by using the lip tattoo or microchip, markings from photos, written descriptions, or National Animal Identification System compliant devices.

IDAPA 11.04.01.694 (Reserved)

SUB AREA B6: CLAIMING RACES

(Sections 700-799)

IDAPA 11.04.01.700 Free and Clear Title

No person may enter a horse in a claiming race u nless the title to said horse is free and clear of any existing lien, either as security interest mortgage, bill of sale, or lien of any kind.(7-1-24)

IDAPA 11.04.01.701 Title Vested

Title to a claimed horse must be transferred to the claimant at the time the horse becomes an official starter. The successful claimant must then become the owner of the horse whether it be alive or dead, sound or unsound or injured at any time after becoming an official starter. A transfer of ownership arising from a recognized claiming race will terminate any existing prior lease for that horse.(7-1-24)

IDAPA 11.04.01.702 In-Foal Filly or Mare

An in-foal filly or mare is eligible to be entered into a claiming race only if the following conditions are fulfilled:

01.Condition Disclosed. Full disclosure of such fact is on file with the racing secretary and such information is posted in the racing office;(7-1-24)

02.Service Certificate. The stallion service certificate has been deposited with the racing secretary's office; and(7-1-24)

03.Release of Service Certificate. The release of the stallion service certificate to the successful claimant at the time of claim is guaranteed.(7-1-24)

IDAPA 11.04.01.703 (Reserved)

IDAPA 11.04.01.720 Rescission of Claim

The Board of Stewards may set aside and order rescission of a claim for any horse from a claiming race run in Idaho upon a showing that any party to the claim committed a prohibited action, as specified in any Racing Commission rule, or that the owner of the horse at the time of entry in the claiming race failed to comply with any requirement of any Racing Commission rule. Should the Board of Stewards order a rescission of a claim, they may make a further order for the costs of maintenance and care of the horse as they may deem appropriate.(7-1-24)

IDAPA 11.04.01.721 Claimed for Entered Price

Any horse starting in a claiming race is subject to be claimed for its entered price by any:(7-1-24)

01.Licensed Owner. Owner licensed in Idaho;(7-1-24)

02.Authorized Agent. Licensed authorized agent acting on behalf of an eligible person.(7-1-24)

IDAPA 11.04.01.722 Eligible Horses

No horse which has been claimed out of a claiming race in which said horse was declared the official winner, is eligible to start in any other claiming race for a period of thirty (30) days, exclusive of the day it was claimed, for less than twenty-five percent (25%) more than the amount for which it was claimed. A horse which has been claimed out of a claiming race in which said horse was not declared the official winner may be eligible to start for any price desired by the claimant. No horse which has been claimed out of a claiming race is eligible to race at any other race meeting in this state or elsewhere until the close of the meeting where it was claimed, unless its removal from the grounds of such meeting is approved by the Board of Stewards for good cause or is required by the Racing Association where it was claimed.(7-1-24)

IDAPA 11.04.01.723 (Reserved)

IDAPA 11.04.01.730 Prohibitions

01.Financial or Beneficial Interest. A person may not claim a horse in which the person has a financial or beneficial interest as an owner or trainer.(7-1-24)

02.Undisclosed Financial or Beneficial Interest. A person may not cause another person to claim a horse for the purpose of obtaining or retaining an undisclosed financial or beneficial interest in the horse.(7-1-24)

03.Agreement. A person may not enter into an agreement for the purpose of preventing another person from obtaining a horse in a claiming race.(7-1-24)

04.Ineligible or Undisclosed Person. A person may not claim a horse, or enter into any agreement to have a horse claimed, on behalf of an ineligible or undisclosed person.(7-1-24)

05.No More Than One Horse. A person may not claim more than one (1) horse in a race. No authorized agent may submit more than one (1) claim for the same horse in a race, even if the authorized agent represents several owners. When a trainer's stable consists of more than one (1) owner, each owner may submit a claim in any one race, but no two (2) or more can submit a claim for any one (1) horse or all such claims are void.

No person, corporation, partnership, stable name, or other legal entity will be eligible to claim another owner's horse from his own trainer's stable.(7-1-24)

IDAPA 11.04.01.731 Valid Claims

To make a valid claim for a horse, an eligible person must:(7-1-24)

01.Funds on Deposit. Have on deposit with the horsemen's bookkeeper an amount equal to the amount of the claim, plus all transfer fees and applicable taxes;(7-1-24)

02.Written Claim Form. Complete a written claim on a form furnished by the racing association and approved by the Racing Commission;(7-1-24)

03.Horses Name. Identify the horse to be claimed by the spelling of its name as the name appears on the certificate of registration or as spelled on the official program;(7-1-24)

04.Sealed Envelope. Place the completed claim form inside a sealed envelope furnished by the racing association and approved by the Racing Commission;(7-1-24)

05.Time of Day. Have the time of day that the claim is entered, recorded or electronically stamped by a racing official at the paddock on the envelope; and(7-1-24)

06.Deposit Envelope. Have the envelope deposited in the claim box no later than ten (10) minutes prior to post time of the race for which the claim is entered.(7-1-24)

IDAPA 11.04.01.732 Claims Are Irrevocable

After a claim has been deposited in the claim box, it is irrevo cable by the claimant and may not be withdrawn from the claim box until the time designated by the Board of Stewards.(7-1-24)

IDAPA 11.04.01.733 No Information Provided

Officials and employees of the racing association may not provide any information as to the filing of claims until after the race has been run, except as is necessary for processing of the claim.(7-1-24)

IDAPA 11.04.01.734 More Than One Claim

If more than one (1) claim is filed on a horse, th e successful claim must be determined by drawing lots conducted by the Stewards or their representatives.(7-1-24)

IDAPA 11.04.01.735 Sex or Age of a Horse Claimed

Notwithstanding any designation of sex or age appearing in the racing program or in any racing publication, the claimant of a horse is solely responsible for the determination of the sex or age of any horse claimed.(7-1-24)

IDAPA 11.04.01.736 (Reserved)

IDAPA 11.04.01.740 Transfer of Ownership

Upon successful claim an authorization of transfer of the horse from the original owner to the claimant must be issued by the Board of Stewards on forms approved by the Racing Commission. Copies of the transfer authorization must be forwarded to and maintained by the Board of Stewards and the racing office. Upon notification by the stewards, the horsemen's bookkeeper must immediately debit the claimant's account for the claiming price, applicable taxes and transfer fees.(7-1-24)

IDAPA 11.04.01.741 Transfer of Possession

Transfer of possession of a claimed horse must take place immediately after the race has been run unless otherwise directed by the stewards. If the horse has to be taken to the test barn for post-race testing, the original trainer or an authorized representative must maintain physical custody of the claimed horse and observe the testing procedure and sign the test sample tag. The successful claimant or an authorized representative of that claimant may also accompany the horse to the test barn.(7-1-24)

IDAPA 11.04.01.742 Delivery of a Claimed Horse

No person may refuse to deliver a properly claimed horse to the successful claimant.(7-1-24)

IDAPA 11.04.01.743 Transfer of Engagements

When a horse is claimed out of a claiming race, the horse's engagements and eligibilities are transferred, with the horse, to the claimant.(7-1-24)

IDAPA 11.04.01.744 Resale or Transfer of Ownership

Ownership interest in any horse claimed from a race may not be res old or transferred for thirty (30) days after such horse was claimed, except by claim from a subsequent race.(7-1-24)

IDAPA 11.04.01.745 Control or Management of Former Owner

A claimed horse may not remain in the same stable or under the control or management of its former owner. (7-1-24)

IDAPA 11.04.01.746 (Reserved)

SUBCHAPTER C: TYPES OF WAGERING IN THE STATE OF IDAHO

(Sections 800-999)

SUB AREA C1: PARI-MUTUEL WAGERING

(Sections 800-899)

IDAPA 11.04.01.800 General Provisions

01.Pari-Mutuel System. Pari-mutuel wagering utilizes a totalizator system to pool wagers. The totalizator system may be located on property of a racing association or may, subject to compliance with applicable law and these rules, reside at another location.(7-1-24)

02.Wagering Subject to Approval. Wagering subject to approval and compliance with applicable laws and rules, may be accepted by separate totalizator systems in this or another jurisdictions, and combine via communication between totalizator systems.(7-1-24)

03.Designee. The Racing Commission may utilize a designee for the purposes of licensing, certification, verification, inspection, testing, and investigation. A Racing Commission designee may be another Racing Commission or equivalent regulatory authority, a multi-jurisdictional group of regulatory authorities, a racing association of regulatory authorities, or auditing, consulting, security, investigation, legal services, or other qualified entities or persons.(7-1-24)

04.Multi-Jurisdiction Agreements. The Racing Commission may enter into multi-jurisdiction agreements with other regulatory authorities to facilitate certification of compliance with requirements by and licensing of, totalizator companies, entities providing services for simulcasting and common pool wagering, secondary pari-mutuel organizations, and advance deposit account wagering systems. At a minimum such agreements need to ensure certification and licensing requirements comparable to this jurisdiction.(7-1-24)

IDAPA 11.04.01.801 Pari-Mutuel Wagering

The following requirements are applicable to racing associations licens ed by the Racing Commission that offers parimutuel wagering. These requirements are also to such organizations licensed or approved by other regulatory authority as a condition of Racing Commission approval of any agreement or contract for simulcasting or common pool wagering(7-1-24)

01.Pari-Mutuel Tickets. A pari-mutuel ticket is evidence of a contribution to the pari-mutuel pool and is evidence of the obligation to pay to the holder of such portion of the distributable amount of the pari-mutuel pool as is represented by a valid pari-mutuel ticket. The racing association must cash all valid winning tickets when they are presented for payment during the course of the meeting where sold, and for a specified period after the last day of the meeting.(7-1-24)

02.Valid Pari-Mutuel Ticket. To be deemed a valid pari-mutuel ticket, the ticket must have been issued by a pari-mutuel ticket machine operated by the racing association and issued as a ticket entitled to a share of the pari-mutuel pool, and contain imprinted information as follows:(7-1-24)

a.The name of the racing association operating the meeting;(7-1-24)

b.A unique identifying number or code;(7-1-24)

c.Identification of the terminal at which the ticket was issued;(7-1-24)

d.A designation of the performance for which the wagering transaction was issued;(7-1-24)

e.The contest number for which the pool is conducted;(7-1-24)

f.The type or types of wagers represented;(7-1-24)

g.The number or numbers representing the betting interests for which the wager is recorded; and,

h.The amount or amounts of the contributions to the pari-mutuel pool or pools for which the ticket is evidence.(7-1-24)

03.Previously Paid, Cancelled, or Non-Existent Pari-Mutuel Ticket. No pari-mutuel ticket recorded or reported as previously paid, cancelled, or non-existent may be deemed a valid pari-mutuel ticket by the racing association. The racing association may withhold payment and refuse to cash any pari-mutuel ticket deemed not valid, except as in these rules.(7-1-24)

IDAPA 11.04.01.802 Pari-Mutuel Ticket Sales

01.Ticket Sales. Pari-mut uel tickets may not be sold by anyone other than a racing association licensed to conduct pari-mutuel wagering.(7-1-24)

02.Wager -- Person Under Eighteen. No person under eighteen (18) years of age is allowed to wager.

03.License -- Person Under Eighteen. No person under eighteen (18) years of age may be granted a license to work in the pari-mutuel department.(7-1-24)

04.Wagering by Employees of the Mutuel Department not Permitted. Wagering by employees of the mutuel department is not permitted while on duty. Violation of this rule may result in the revocation of the offender’s license.(7-1-24)

05.Purchase of Pari-Mutuel Tickets for Hire or Gratuity. Only persons or messengers employed by the racing associations and approved by the Racing Commission may directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any or part of a pari-mutuel pool or another for hire or for any gratuity.

06.Closed Wagering. No pari-mutuel ticket may be sold on a contest for which wagering has already been closed and no racing association will be responsible for ticket sales not recorded into or not completed by issuance of a ticket before the totalizator is closed for wagering on such contest.(7-1-24)

07.Claims by Bettor. Claims pertaining to a mistake on an issued ticket, or a mistake involving failure to issue a ticket, must be made by the bettor prior to leaving the seller’s window except in accordance with written policies established by the racing association and approved by the Racing Commission.(7-1-24)

08.Payment on Winning Pari-Mutuel Wagers. Payment on winning pari-mutuel wagers is made on the basis of the order of finish as purposely posted and declared “official.” Any subsequent change in the order of finish or award of purse money as may result from a subsequent ruling by the Board of Stewards or Racing Commission will in no way affect the pari-mutuel payout. If an error in the posted order of finish or payout figures is discovered, the official order of finish or payout prices may be corrected and an announcement concerning the change must be made to the public.(7-1-24)

09.Cancellation or Exchange Tickets. Cancellation or exchange of tickets issued is not permitted after a patron has left a seller’s window, except in accordance with written policies established by the racing association and approved by the Racing Commission.(7-1-24)

10.Claims on Lost, Mutilated, or Altered Tickets. The racing association may satisfy claims on lost, mutilated, or altered pari-mutuel tickets without authorization of the Racing Commission.(7-1-24)

11.Equipment Failure. The racing association has no obligation to enter a wager into a betting pool if unable to do so due to equipment failure.(7-1-24)

IDAPA 11.04.01.803 Advance Wagering

No racing association may permit wagering to begin more than o ne (1) hour before scheduled post time of the first contest of a performance unless it has first obtained the authorization of the Racing Commission. This does not preclude earlier common pool wagers in accordance with a contract with the host association that has been approved

IDAPA 11.04.01.804 Claims for Payment from Pari-Mutuel Pool

At a designated location, a written, verified claim for payment from a pari-mutuel pool must be accepted by the racing association in any case wherein the racing association has withheld payment or has refused to cash a parimutuel wager. The claim must be made on such form as approved by the Racing Commission with the original claim forwarded to the Racing Commission within 48 hours.(7-1-24)

01.Claim for Mutilated Ticket. In the case of a claim made for payment of a mutilated pari-mutuel ticket which does not contain the total imprinted elements outlined in these rules, the racing association will make a recommendation to accompany the claim forwarded to the Racing Commission as to whether or not the mutilated ticket has sufficient elements to be positively identified as a winning ticket.(7-1-24)

02.Racing Commission to Adjudicate or Deny Claim. In the case of a claim made for payment on a pari-mutuel wager, the Racing Commission will adjudicate the claim and may order payment thereon from the parimutuel pool or by the racing association, or may deny the claim, or may make such other order, as it may deem proper as provided for in Section 817 of these rules.(7-1-24)

IDAPA 11.04.01.805 Payment for Errors

If an error occurs in the payment amounts for pari-mutuel wagers that are cashed or entitled to be cashed and, as a result of such error, the pari-mutuel pool involved in the error is not correctly distributed among winning ticket holders, the following applies:(7-1-24)

01.Underpayments. Verification is required to show that the amount of the commission, the amount in breakage, and the amount in payouts is equal to the total gross pool. If the amount of the pool is more than the amount used to calculate the payout, the underpayment belongs to the Racing Commission. In the event there is an underpayment on any race in the amount actually due to the wagerers, the amount of such underpayments to wagerers, at the end of each day of racing, will revert to and be paid to the Racing Commission and may not be retained by the racing association.(7-1-24)

02.Underpayment Claim. Any claim not filed with the racing association within thirty (30) days, inclusive of the date on which the underpayment was publicly announced, is deemed waived; and the racing association has no further liability.(7-1-24)

03.Overpayment. In the event the error results in an overpayment to winning wagers, the racing association is responsible for such payment.(7-1-24)

IDAPA 11.04.01.806 (Reserved)

IDAPA 11.04.01.810 Betting Explanation

A summary explanation of pari-mutuel wagering and each type of betting pool offered must be published in the program for every wagering performance. The rules of racing relative to each type of pari-mutuel pool offered must be prominently displayed on the racing association grounds and available upon request through racing association representatives.(7-1-24)

IDAPA 11.04.01.811 Display of Betting Information

01.Approximate Odds for Win Pool.

Approximate odds for Win pool betting must be posted on display devices within view of the wagering public and updated at intervals of not more than sixty (60) seconds for the current race of the performance.(7-1-24)

02.Probable Payout. The probable payout or amounts wagered, in total and on each betting interest, for other pools may be displayed to the wagering public at intervals and in a manner approved by the Racing

03.Official Results and Payouts. Official results and payouts must be displayed upon each contest being declared official.(7-1-24)

04.Errors Corrected Promptly. If an error is made in posting the payoff figures on the public board, it will be corrected promptly and only the correct amounts will be used in the payoff, irrespective of the error. If because of mechanical failure it is impossible to promptly correct the posted payoff, a statement must be made over the public address system stating the facts and corrections.(7-1-24)

IDAPA 11.04.01.812 Cancelled Contests

If a contest is cancelled or declared “no contest,” refunds mu st be granted on valid wagers in accordance with these

01.Refunds. Notwithstanding other provisions of these rules, refunds of the entire pool must be made on:(7-1-24)

a.Win pools, Exacta pools, and first-half Double pools offered in contests in which the number of betting interests has been reduced to fewer than two (2).(7-1-24)

b.Place pools, Quinella pools, Trifecta pools, first-half Quinella Double pools, first-half Twin Quinella pools, first-half Twin Trifecta pools, and first-half Tri-Superfecta pools offered in contest in which the number of betting interests has been reduced to fewer than three (3).(7-1-24)

c.Show pools, Superfecta pools, and first-half Twin Superfecta pools offered in contests in which the number of betting interests has been reduced to fewer than four (4).(7-1-24)

02.Authorized Refund to be Paid. Authorized refunds must be paid upon presentation and surrender of the affected pari-mutuel ticket.(7-1-24)

03.Scratched Horse. If a horse is scratched from racing after the betting has begun, the money bet on that horse must be refunded; except that when the horse is part of an Entry or the Field there will be no refund if the Entry or the Field, as the case may be, has at least one (1) actual starter.(7-1-24)

04.Horse Prevented from Racing Because of Starting Gate Failure. If it is determined by the Board of Stewards that a horse has been prevented from racing because of the failure of the stall door of the starting gate to open, the money bet on that horse must be refunded; except that when the horse is part of an Entry or the Field there will be no refund if the Entry or the Field, as the case may be, has at least one (1) actual starter.(7-1-24)

05.Coupled Entries and Mutuel Fields. If no horse finished in a race, all money wagered on that race must be refunded.(7-1-24)

IDAPA 11.04.01.813 Coupled Entries and Mutuel Fields

01.Coupled Entry Considered Single Betting Interest. Co ntestants coupled in wagering as a coupled entry or mutuel field are considered part of a single betting interest for the purpose of price calculations and distribution of pools. Should any contestant in a coupled entry or mutuel field be officially withdrawn or scratched, the remaining contestant in that coupled entry or mutuel field may remain valid betting interests and no refunds will be granted; or the Board of Stewards may order a refund for the entire betting interest. If all contestants within a coupled entry or mutuel field are scratched, then tickets on such betting interests must be refunded, notwithstanding other provisions of these rules.(7-1-24)

02.Dead Heat Involving Coupled Entry. For the purpose of price calculations only, coupled entries and mutuel fields are calculated as a single finisher, using the finishing position of the leading contestant in that coupled entry or mutuel field to determine order of placing. This rule applies to all circumstances, including situations involving a dead heat, except as otherwise provided by these rules.(7-1-24)

IDAPA 11.04.01.814 Pools Dependant Upon Betting I

NTERESTS.

01.Offer Wagering Pools.

Unless otherwise provided by the Racing Commission, upon request received no later than twenty-four (24) hours after the post position draw, at the time the pools are opened for wagering, the racing association:(7-1-24)

a.Must offer:(7-1-24)

i.Win wagering on all contests with three (3) or more betting interests. May offer win wagering on all contests with two (2) or more betting interests.(7-1-24)

ii.Place wagering on all contests with four (4) or more betting interests. If the number of starting betting interests drops below four (4), the racing association may at its discretion cancel place wagering. The racing association must make an appropriate public address announcement.(7-1-24)

iii.Show wagering on all contests with five (5) or more betting interests. If the number of starting betting interests drops below five (5), the racing association may at its discretion cancel show wagering. The racing association must make an appropriate public address announcement.(7-1-24)

b.May offer:(7-1-24)

i.Quinella wagering on all contests with three (3) or more betting interests.(7-1-24)

ii.Quinella double wagering on all contests with three (3) or more betting interests.(7-1-24)

iii.Exacta wagering on all contests with two (2) or more betting interests.(7-1-24)

iv.Trifecta wagering on all contests with three (3) or more betting interests.(7-1-24)

v.Superfecta wagering on all contests with four (4) or more betting interests.(7-1-24)

vi.Twin quinella wagering on all contests with three (3) or more betting interests.(7-1-24)

c.May not offer twin trifecta, tri-superfecta or twin trifecta wagering on any contests with six (6) or less betting interests.(7-1-24)

IDAPA 11.04.01.815 Prior Approval for Betting Pools

01.Prior Approval for Betting Pools.

A racing association that desires to offer new forms of wagering must apply in writing to the Racing Commission and receive written approval prior to implementing the new betting pool.(7-1-24)

02.Suspend Previously Approved Forms of Wagering. The racing association may suspend previously-approved forms of wagering with the prior approval of the Racing Commission. Any carryover must be held until the suspended form of wagering is reinstated. A racing association may request approval of a form of wagering or separate wagering pool for specific performances.(7-1-24)

IDAPA 11.04.01.816 Closing of Wagering in a Contest

01.Close Wagering.

A Racing Commission representative must close wagering for each contest after which time no pari-mutuel tickets may be sold for that contest.(7-1-24)

02.Approved Close Wagering System. The racing association must maintain, in good order, a system approved by the Racing Commission for closing wagering.(7-1-24)

IDAPA 11.04.01.817 Complaints Pertaining to Pari-Mutuel Operations

01.Compliance Report.

When a patron makes a complaint regarding the pari-mutuel department to a racing association, the racing association must immediately issue a compliance report, setting out:(7-1-24)

a.The name of the complainant;(7-1-24)

b.The nature of the complaint;(7-1-24)

c.The name of the persons, if any, against whom the complaint was made;(7-1-24)

d.The date of the complaint; and(7-1-24)

e.The action taken or proposed to be taken, if any, by the racing association.(7-1-24)

02.Submit Complaint to Racing Commission. The racing association must submit every complaint report to the Racing Commission within forty-eight (48) hours after the complaint was made. The Racing Commission will review the complaint and a decision must be issued within seven (7) working days.(7-1-24)

IDAPA 11.04.01.818 Licensees -- Duty to Report

All licensees must report any known irregularities or wrong doings by any person involving pari-mutuel wagering immediately to the Racing Commission and cooperate in subsequent investigations.(7-1-24)

IDAPA 11.04.01.819 Emergency Situations

In the event of an emergency in connection with the pari-mutuel department not covered in these rules, the parimu tuel manager representing the racing association must report the problem to the Board of Stewards and the racing association and the Board of Stewards render a full report to the Racing Commission within forty-eight (48) hours.

IDAPA 11.04.01.820 Unrestricted Access

The racing association must permit the Racing Commis sion unrestricted access at all times to its facilities and equipment and to all books, ledgers, accounts, documents and records of the racing association that relate to parimutuel wagering.(7-1-24)

IDAPA 11.04.01.821 Pari-Mutuel Cash Vouchers

01.Cash Vouchers. Pari-mu tuel cash vouchers may be offered by a racing association that issues parimutuel tickets. These vouchers must be dispensed through the totalizator system. The stored value on a voucher may be redeemed in the same manner as a value of a winning pari-mutuel ticket for wagers placed at a pari-mutuel window or a self-service terminal, and may be redeemed for their cash value at any time.(7-1-24)

02.Vouchers as Incentives or Promotional Prizes. A racing association may, with the prior approval of the Racing Commission, issue special pari-mutuel cash vouchers as incentives or promotional prizes, and may restrict the use of those vouchers to the purchase of pari-mutuel wagers.(7-1-24)

03.Voucher Identification Number. The tote system transaction record for all pari-mutuel vouchers must include the voucher identification number in subsequent pari-mutuel transactions and pari-mutuel wagers made from a voucher must identify the voucher by identification number.(7-1-24)

IDAPA 11.04.01.822 Other Stored Value Instrum

ENTS AND SYSTEMS.

01.Stored Value Instrument or System.

A racing association may not utilize any form of stored value instrument or system other than a pari-mutuel voucher for purpose of making or cashing pari-mutuel wagers without the prior approval of the Racing Commission,.(7-1-24)

02.Request for Approval. Any request for approval of a stored value instrument or system must include a detailed description of the standards utilized:(7-1-24)

a.To identify the specific stored value instrument or account in the pari-mutuel system wagering transaction record;(7-1-24)

b.To verify the identity and business address of the person(s) obtaining, holding, and using the stored value instrument or system;(7-1-24)

c.To record and maintain records of deposits, credits, debits, transaction numbers, and account balances involving the stored value instruments or accounts.(7-1-24)

03.Prevent Wagering Transactions. A stored value instrument or system must prevent wagering transactions in the event such transactions would create a negative balance in an account, and may not operate so as to automatically facilitate a transfer of funds into a stored value instrument or account without the direct authorization of each such deposit transfer by the person holding the instrument or account.(7-1-24)

04.Affirmation. Any request for approval of a stored value instrument or system must include an affirmation of the ready availability when requested by the Racing Commission. All records and reports relating to all transactions, account records, and customer identification and verification in hard copy or standard electronic format approved by the Racing Commission certification of secure retention of all records for a period of not less than three (3) years or such longer period specified by the Racing Commission.(7-1-24)

IDAPA 11.04.01.823 (Reserved)

IDAPA 11.04.01.830 Calculation of Payoffs and Distribution of Pools

01.Pari-Mutuel Wagering Pools Separately and I ndependently Calculated and Distributed. All permitted pari-mutuel wagering pools must be separately and independently calculated and distributed. Takeout will be deducted from each gross pool as stipulated by law. The remainder of the monies in the pool constitutes the net pool for distribution as payoff on winning wagers.(7-1-24)

02.Standard or Net Price Calculation. Either the standard or net price calculation procedure may be used to calculate single commission pools, while the net price calculation procedure must be used to calculate multicommission pools.(7-1-24)

03.Profit per Dollar. For each wagering pool, the amount wagered on the winning betting interest or betting combinations is deducted from the net pool to determine the profit; the profit is then divided by the amount wagered on the winning betting interest or combinations, such quotient being the profit per dollar.(7-1-24)

04.Single Commission Pools. With written approval from the Racing Commission, either the standard or net price calculation procedure may be used to calculate single commission pools, while the net price calculation procedure must be used to calculate multi-commission pools.(7-1-24)

a.Profit Split (Place Pool). Profit is net pool less gross amount bet on all place finishers. Finishers split profit one-half (1/2) and one-half (1/2) (place profit), then divide by gross amount bet on each place finisher for two (2) unique prices.(7-1-24)

b.Profit Split (Show Pool). Profit is net pool less gross amount bet on all show finishers. Finishers split profit one-third (1/3) and one-third (1/3) and one-third (1/3) (show profit), then divide by gross amount bet on each show finisher for three (3) unique prices.(7-1-24)

c.Profit Split (Place Pool). Total profit is the total net pool less the total net amount bet on all place finishers. Finishers split total profit one-half (1/2) and one-half (1/2) (place profit), then divide by total net amount bet on each place finisher for two (2) unique unbroken base prices.(7-1-24)

d.Profit Split (Show Pool). Total profit is the total net pool less the total net amount bet on all show finishers. Finishers split total profit one-third (1/3) and one-third (1/3) and one-third (1/3) (show profit), then divide by total net amount bet on each show finisher for three (3) unique unbroken base prices.(7-1-24)

e.If a profit split results in only one (1) covered winning betting interest or combinations it is calculated the same as a single price pool.(7-1-24)

f.Minimum payout and the method used for calculating breakage are established by the Racing

g.The individual pools outlined in these rules may be given alternative names by each racing association, provided prior approval is obtained from the Racing Commission.(7-1-24)

h.In the event a minus pool occurs in either the Win, Place or Show pool, the expense of said minus pool will be born by the racing association and the State will receive intact its share of the remaining pools. (7-1-24)

IDAPA 11.04.01.831 Win Pools

01.Win Pools.

The amount wagered on the betting interest that finishes first is deducted from the net pool, the balance remaining being the profit; the profit is divided by the amount wagered on the betting interest finishing first, such quotient being the profit per dollar wagered to Win on that betting interest.(7-1-24)

02.Net Win Pool. The net Win pool must be distributed as a single price pool to winning wagers in the

a.To those whose selection finished first; but if there are no such wagers, then;(7-1-24)

b.To those whose selection finished second; but if there are no such wagers, then;(7-1-24)

c.To those whose selection finished third; but if there are no such wagers, then;(7-1-24)

d.The entire pool must be refunded on Win wagers for that contest.(7-1-24)

a.Contestants representing the same betting interest, the Win pool is distributed as if no dead heat

b.Contestants representing two (2) or more betting interests, the Win pool is distributed as a profit

IDAPA 11.04.01.832 Place Pools

01.Place Pools.

The amounts wagered to Place on the first two (2) betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into two (2) equal portions, one (1) being assigned to each winning betting interest and divided by the amount wagered to Place on that betting interest, the resulting quotient is the profit per dollar wagered to Place on that betting interest.(7-1-24)

02.Net Place Pool. The net Place pool must be distributed to winning wagers in the following

a.If contestants of a coupled entry or mutuel field finished in the first two (2) places, as a single price pool to those who selected the coupled entry or mutuel field; otherwise(7-1-24)

b.As a profit split to those whose selection is included within the first two (2) finishers; but if there are no such wagers on one (1) of those two (2) finishers, then;(7-1-24)

c.As a single price pool to those who selected the one (1) covered betting interest included within the first two (2) finishers; but if there are no such wagers, then;(7-1-24)

d.As a single price pool to those who selected the third-place finisher; but if there are no such wagers,

e.The entire pool must be refunded on Place wagers for that contest.(7-1-24)

a.Contestants representing the same betting interest, the Place pool must be distributed as a single price pool.(7-1-24)

b.Contestants representing two (2) or more betting interest, the Place pool must be distributed as a

04.Dead Heat for Second. If there is a dead heat for second involving:(7-1-24)

a.Contestants representing the same betting interest, the Place pool is distributed as if no dead heat

b.Contestants representing two (2) or more betting interests, the Place pool is divided with one-half (1/2) of the profit distributed to Place wagers on the betting interest finishing first and the remainder is distributed equally among Place wagers on those betting interests involved in the dead heat for second.(7-1-24)

IDAPA 11.04.01.833 Show Pools

01.Show Pools.

The amounts wagered to Show on the first three (3) betting interests to finish are deducted from the net pool, the balance remaining being the profit; the profit is divided into three (3) equal portions, one (1) being assigned to each winning betting interest and divided by the amount wagered to Show on that betting interest, the resulting quotient being the profit per dollar wagered to Show on that betting interest.(7-1-24)

02.Net Show Pool Distribution. The net Show pool must be distributed to winning wagers in the

a.If contestants of a coupled entry or mutuel field finished in the first three (3) places, as a single price pool to those who selected the couple entry or mutuel field, otherwise;(7-1-24)

b.If contestants of a coupled entry or mutuel field finished as two (2) of the first three (3) finishers, the profit is divided with two-thirds (2/3) distributed to those who selected the coupled entry or mutuel field and onethird (1/3) distributed to those who selected the other betting interest included within the first three (3) finishers, otherwise;(7-1-24)

c.As a profit split to those whose selection is included within the first three (3) finishers; but if there are no such wagers on one (1) of those three (3) finishers, then;(7-1-24)

d.As a profit split to those who selected one (1) of the two (2) covered betting interests included within the first three (3) finishers; but if there are no such wagers on two (2) of those three (3) finishers, then:

e.As a single price pool to those who selected the one (1) covered betting interest included within the first three (3) finishers; but if there are no such wagers, then;(7-1-24)

f.As a single price pool to those who selected the fourth-place finisher; but if there are no such wagers, then;(7-1-24)

g.The entire pool must be refunded on Show wagers for that contest.(7-1-24)

a.Two (2) contestants representing the same betting interest, the profit is divided with two-thirds (2/ 3) distributed to those who selected the first-place finishers and one-third (1/3) distributed to those who selected the betting interest finishing third.(7-1-24)

b.Three (3) contestants representing a single betting interest, the Show pool must be distributed as a single price pool.(7-1-24)

c.Contestants representing two (2) or more betting interests, the Show pool must be distributed as a

04.Dead Heat for Second. If there is a dead heat for second involving:(7-1-24)

a.Contestants representing the same betting interest, the profit is divided with one-third (1/3) distributed to those who selected the betting interest finishing first and two-thirds (2/3) distributed to those who selected the second-place finishers.(7-1-24)

b.Contestants representing two (2) betting interests, the Show pool must be distributed as a profit

c.Contestants representing three (3) betting interests, the Show pool is divided with one-third (1/3) of the profit distributed to Show wagers on the betting interest finishing first and the remainder is distributed equally amongst Show wagers on those betting interests involved in the dead heat for second.(7-1-24)

05.Dead Heat for Third. If there is a dead heat for third involving:(7-1-24)

a.Contestants representing the same betting interest, the Show pool must be distributed as if no dead heat occurred.(7-1-24)

b.Contestants representing two (2) or more betting interests, the Show pool is divided with two-thirds (2/3) of the profit distributed to Show wagers on the betting interests finishing first and second and the remainder is distributed equally among Show wagers on those betting interests involved in the dead heat for third.(7-1-24)

IDAPA 11.04.01.834 Double Pools

01.Double Pools. On ly one (1) Daily Double will be permitted during a single racing day, unless approval is obtained from the Racing Commission.(7-1-24)

02.First Place Finisher. The Double requires selection of the first-place finisher in each of two (2) specified contests.(7-1-24)

03.Winning Distribution. The net Double pool must be distributed to winning wagers in the

a.As a single price pool to those whose selection finished first in each of the two (2) contests; but if

b.As a profit split to those who selected the first-place finisher in either contest; but if there are no such wagers, then;(7-1-24)

c.As a single price pool to those who selected the one (1) covered first-place finisher in either contest; but if there are no such wagers, then;(7-1-24)

d.As a single price pool to those whose selection finished second in each of the two (2) contests; but

e.The entire pool must be refunded on Double wagers for those contests.(7-1-24)

04.Dead Heat for First. If there is a dead heat for first in either of the two (2) contests involving:

a.Contestants representing the same betting interest, the Double pool is distributed as if no dead heat

b.Contestants representing two (2) or more betting interests, the Double pool is distributed as a profit split if there is more than one (1) covered winning combination.(7-1-24)

05.Scratched Interest -- First-Half. Should a betting interest in the first-half of the Double be scratched prior to the first Double contest being declared official, all money wagered on combinations including the scratched betting interest is deducted from the Double pool and refunded.(7-1-24)

06.Scratched Interest -- Second-Half. Should a betting interest in the second-half of the Double be scratched prior to the close of wagering on the first Double contest, all money wagered on combinations including the scratched betting interest is deducted from the Double pool and refunded.(7-1-24)

07.Consolation Payout. Should a betting interest in the second-half of the Double be scratched after the close of wagering on the first Double contest, all wagers combining the winner of the first contest with the scratched betting interest in the second contest are allocated a consolation payout. In calculating the consolation payout the net Double pool is divided by the total amount wagered on the winner of the first contest and an unbroken consolation price obtained. The broken consolation price is multiplied by the dollar value of wagers on the winner of the first contest combined with the scratched betting interest to obtain the consolation payout. Breakage is not declared in this calculation. The consolation payout is deducted from the net Double pool before calculation and distribution of the winning Double payout. Dead heats including separate betting interests in the first contest will result in a consolation payout calculated as a profit split.(7-1-24)

08.Cancelled or “No Contest.” If either of the Double contests are cancelled prior to the first Double contest, or the first Double contest is declared “no contest,” the entire Double pool must be refunded on Double wagers for those contests.(7-1-24)

09.Second Double Cancelled or “No Contest.” If the second Double contest is cancelled or declared “no contest” after the conclusion of the first Double contest, the net Double pool is distributed as a single price pool to wagers selecting the winner of the first Double contest. In the event of a dead heat involving separate betting interests, the net Double pool is distributed as a profit split.(7-1-24)

10.Payoff Posting. Before the running of the last half of the Daily Double pool, the payoff of each combination coupled with the winner of the first half of the Daily Double must be posted in a prominent place.

11.Third Heat Announcement. In case of a dead heat for winner in the first half (1/2) of the Daily Double, the payoff of the Daily Double need not be posted until after the running of the second half (1/2) of the Daily Double. However, announcement of this fact must be made over the loud speaker and notice to this effect be posted on the board at conclusion of the first half (1/2) of the Daily Double.(7-1-24)

12.Close of Sale. Sale of Daily Double tickets must close not later than “off-time” of the first race of the Daily Double.(7-1-24)

13.Daily Double Not a Parlay. The Daily Double Pool is not a parlay and is not connected with the WIN, PLACE, SHOW or other pools in any manner whatsoever.(7-1-24)

IDAPA 11.04.01.835 Win Three Pools

01.Win Three Pools.

The Win Three (3) requires selection of the first-place finisher in each of three (3) specified contests.(7-1-24)

02.Distribution. The net Win Three (3) pool must be distributed to winning wagers in the following

a.As a single price pool to those whose selection finished first in each of the three (3) contests; but if

b.As a single price pool to those who selected the first-place finisher in any two (2) of the three (3)

c.As a single price pool to those who selected the first-place finisher in any one (1) of the three (3)

d.The entire pool must be refunded on Win Three (3) wagers for those contests.(7-1-24)

03.Dead Heat. If there is a dead heat for first in any of the three (3) contests involving:(7-1-24)

a.Contestants representing the same betting interest, the Win Three (3) pool is distributed as if no

b.Contestants representing two (2) or more betting interests, the Win Three (3) pool is distributed as a single price pool and is distributed as follows:(7-1-24)

i.As a profit split to those whose selections finished first in each of the three (3) contests; but if there are no such wagers, then;(7-1-24)

ii.As a single price pools to those who selected the first place finisher in any two (2) of the three (3)

iii.As a single price pool to those who selected the first place finisher in any one (1) of the three (3)

iv.The entire Win Three pool is refunded.(7-1-24)

04.Substitution of a Scratch. Should a betting interest be scratched from a leg of the Win Three (3) all bets with the scratched betting interest will be handled as follows:(7-1-24)

a.If the scratch (that herein after includes being declared a non-starter or a non-betting starter) was made prior to the start of the first leg, all bets containing such scratched betting interest must be refunded to determine the gross pool an removed from further consideration in the pool;(7-1-24)

b.If the scratch was made in the second leg after the start of the first leg, a consolation payoff will be computed for those bets combining the winners of the first and third legs with the scratched betting interest as follows:(7-1-24)

i.The statutory take-out is deducted from the gross pool and then the amount represented by the bets on combinations involving betting interests scratched from the third leg (reduced by the take-out thereon).(7-1-24)

ii.The resulting remainder is divided by the amounts bet on the combination of such first and third leg winners with all betting interests (less breaks) to determine the consolation price per dollar payable to those bets combining winners of the first and third legs with the betting interest scratched in the second leg. The break may not be deduced from the pool.(7-1-24)

c.If a betting interest is scratched in the third leg after the start of the first leg, a consolation payoff must be computed as for those bets combining the winners of the first and second legs with such scratched betting interest as follows:(7-1-24)

i.The statutory take-out is deducted from the gross pool and then the amount represented by bets on combinations involving betting interests scratched from the second leg (reduced by the rate of the take-out thereon).

ii.The resulting remainder is divided by the amount bet on the combination of such first and second leg winners with all betting interests in the third leg (less breaks) to determine the consolation price per dollar payable to those bets combining winners of the first and second legs with a betting interest scratched in the third leg. The breaks must not be deducted from the pool.(7-1-24)

d.If betting interests are scratched in both the second and third legs after the start of the first leg, a consolation payoff is computed for those bets combining the winner of the first leg with the betting interests scratched in both the second and third legs as follows:(7-1-24)

i.The takeout is deducted from the gross pool and the remainder is divided by the amount bet on the winner of the first leg combined with all other betting interests (less breaks) to determine the consolation price per dollar payable to those tickets combining the winner of the first leg with the scratch betting interests from both the second and third legs.(7-1-24)

05.All Three Cancelled. If all three (3) Win Three (3) contests are cancelled or declared “no contest,” the entire pool must be refunded on Win Three (3) wagers for those contests.(7-1-24)

06.One or Two Canceled. If one (1) or two (2) of the Win Three (3) contests are cancelled or declared “no contest,” the Win Three (3) pool will remain valid and must be distributed in accordance with these rules.

IDAPA 11.04.01.836 Pick (n) Pools

01.Pick (n) Pools.

The Pick (n) requires selection of the first-place finisher in each of a designated number of contests. The racing association must obtain written approval from the Racing Commission concerning the scheduling of Pick (n) contests, the designation of one (1) of the methods prescribed in these rules, and the amount of any cap to be set on the carryover. Any changes to the approved Pick (n) format require prior approval from the

02.Apportioning the Pool. The Pick (n) pool is apportioned under one (1) of the following methods:

a.Method 1- Pick (n) with Carryover: The net Pick (n) pool and carryover, if any, must be distributed as a single price pool to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. If there are no such wagers, then a designated percentage of the net pool will be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests; and the remainder will be added to the carryover.(7-1-24)

b.Method 2 - Pick (n) with Minor Pool and Carryover: The major share of the net Pick (n) pool and the carryover, if any, must be distributed to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool is distributed to those who selected the first-place finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher of all Pick (n) contests, the minor share of the net Pick (n) pool will be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests; and the major will be added to the carryover.(7-1-24)

c.Method 3 - Pick (n) with No Minor Pool and No Carryover: The net Pick (n) pool must be distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. If there are no winning wagers, the pool is refunded.(7-1-24)

d.Method 4 - Pick (n) with Minor Pool and No Carryover: The major share of the net Pick (n) pool must be distributed to those who selected the first place finisher in the greatest number of Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool is distributed to those who selected the firstplace finisher in the second greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher in a second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool is combined with the major share for distribution as a single price pool to those who selected the firstplace finisher in the greatest number of Pick (n) contests. If the greatest number of first-place finishers selected is one (1), the major and minor shares are combined for distribution as a single price pool. If there are no winning wagers, the pool is refunded.(7-1-24)

e.Method 5 - Pick (n) with Minor Pool and No Carryover: The major share of net Pick (n) pool must be distributed to those who selected the first-place finisher in each of the Pick (n) contests, based upon the official order of finish. The minor share of the net Pick (n) pool is distributed to those who selected the first-place finisher in the secon d greatest number of Pick (n) contests, based upon the official order of finish. If there are no wagers selecting the first-place finisher in all Pick (n) contests, the entire net Pick (n) pool is distributed as a single price pool to those who selected the first-place finisher in the greatest number of Pick (n) contests. If there are no wagers selecting the first-place finisher in a second greatest number of Pick (n) contests, the minor share of the net Pick (n) pool is combined with the major share for distribution as a single price pool to those who selected the first-place finisher in each of the Pick (n) contests. If there are no winning wagers, the pool is refunded.(7-1-24)

f.Method 6 - Pick (n) with Minor Pool, Jackpot Pool, Major Carryover and Jackpot Carryover:

Predetermined percentages of the net Pick (n) pool must be set aside as a Major pool, Minor pool and Jackpot pool.

The Major share of the net Pick (n) pool and the Major carryover, if any, is distributed to those who selected the firstplace finisher of each of the Pick (n) contests, based on the official order of finish. If there are no tickets selecting the first-place finisher in each of the Pick (n) contests, the Major net pool is added to the Major carryover. If there is only one (1) single ticket selecting the first-place finisher of each of the Pick (n) contests, based on the official order of finish, the Jackpot share of the net Pick (n) pool and the Jackpot carryover, if any, is distributed to the holder of that single ticket, along with the Major net pool and the Major carryover, if any. If more than one (1) ticket selects the first-place finisher of each of the Pick (n) contests the Jackpot net pool is added to the Jackpot carryover. The Minor share of the net Pick (n) pool is distributed to those who selected the first-place finisher of the second greatest number of Pick (n) contests, based on the official order of finish. If there are no wagers selecting the first-place finisher of all Pick (n) contests, the Minor net pool of the Pick (n) pool is distributed as a single price pool to those who selected the first-place finisher of the greatest number of Pick (n) contests.(7-1-24)

03.Dead Heat. If there is a dead heat for first in any of the Pick (n) contests involving:(7-1-24)

a.Contestants representing the same betting interest, the Pick (n) pool must be distributed as if no

b.Contestants representing two (2) or more betting interests, the Pick (n) pool must be distributed as a single price pool with each winning wager receiving an equal share of the profit.(7-1-24)

04.Scratched Entry. Should a betting interest in any of the Pick (n) contests be scratched, the actual favorite, as evidenced by total amounts wagered in the Win pool at host association for the contest at the close of wagering on that contest, will be substituted for the scratched betting interest for all purposes, including pool calculations. In the event that the Win pool total for two (2) or more favorites is identical, the substitute selection will be the betting interest with the lowest program number. The totalizator must produce reports showing each of the wagering combinations with substituted betting interests which became winners as a result of the substitution, in addition to the normal winning combination.(7-1-24)

05.Cancellation and Refunds. The Pick (n) pool will be cancelled and all Pick (n) wagers for the individual performance will be refunded, if:(7-1-24)

a.At least two (2) contests included as part of a Pick Three (3) are cancelled or declared “no contest”;

b.At least three (3) contests included as part of a Pick Four (4), Pick Five (5) or Pick Six (6) are cancelled or declared “no contest”;(7-1-24)

c.At least four (4) contests included as part of a Pick Seven (7), Pick Eight (8) or Pick Nine (9) are cancelled or declared “no contest”; or(7-1-24)

d.At least five (5) contests included as part of a Pick Ten (10) are cancelled or declared “no contest.”

06.Net Pool Distribution. If at least one (1) contest included as part of a Pick (n) is cancelled or declared “no contest,” but not more than the number specified in these rules the net pool must be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests for that performance. Such distribution must include the portion ordinarily retained for the Pick (n) carryover but not the carryover from previous performances.(7-1-24)

07.Course Condition. If the condition of the course warrants a change of racing surface in any of the legs of the Pick (n) races, and such change was not known to the public prior to the closing of wagering for the Pick (n) pool, the Board of Stewards must declare the changed leg(s) a “no contest” for Pick (n) wagering purposes only. A “no contest” race is not to be considered as a contested race.(7-1-24)

08.Capped Carryover. The Pick (n) carryover may be capped at a designed level approved by the Racing Commission so that if, at the close of any performance, the amount in the Pick (n) carryover equals or exceeds the designated cap, the Pick (n) carryover will be frozen until it is won or distributed under other provisions of this rule. After the Pick (n) carryover is frozen, one hundred (100%) percent of the net pool, part of which ordinarily would be added to the Pick (n) carryover, must be distributed to those whose selection finished first in the greatest number of Pick (n) contests for that performance.(7-1-24)

09.Carryover Requested. A written request for permission to distribute the Pick (n) carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance for the distribution.

10.Single Price Distribution. Should the Pick (n) carryover be designated for distribution on a specified date and performance in which there are no wagers selecting the first-place finisher in each of the Pick (n) contests, the entire pool must be distributed as a single price pool to those whose selection finished first in the greatest number of Pick (n) contests. The Pick (n) carryover must be designated for distribution on a specified date and performance only under the following circumstances:(7-1-24)

a.Upon written approval from the Racing Commission as provided in these rules.(7-1-24)

b.Upon written approval from the Racing Commission when there is a change in the carryover cap, a change from one (1) type of Pick (n) wagering to another or when the Pick (n) is discontinued.(7-1-24)

11.Carryover Deposit. If, for any reason, the Pick (n) carryover must be held over to the corresponding Pick (n) pool of a subsequent meet, the carryover must be deposited in an interest-bearing account approved by the Racing Commission. The Pick (n) carryover plus accrued interest must then be added to the net Pick (n) pool of the following meet on a date and performance so designated by the Racing Commission.(7-1-24)

12.Contribution to Pool. With the written approval of the Racing Commission, the racing association may contribute to the Pick (n) carryover a sum of money up to the amount of any designated cap.(7-1-24)

13.Prohibited Information. Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of live tickets remaining is strictly prohibited until the race is made official. This does not prohibit necessary communication between totalizator and pari-mutuel department employees for processing of pool data.(7-1-24)

14.Suspension of Wagering. The racing association may suspend previously-approved Pick (n) wagering with the prior approval of the Racing Commission. Any carryover must be held until the suspended Pick (n) wagering is reinstated. A racing association may request approval of a Pick (n) wager or separate wagering pool for specific performances.(

IDAPA 11.04.01.837 Quinella Pools

01.Quinella Pools.

The Quinella requires selection of the first two (2) finishers, irrespective of order, for a single contest.(7-1-24)

02.Distribution. The net Quinella pool must be distributed to winning wagers in the following

a.If contestants of a coupled entry or mutuel field finish as the first two (2) finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;(7-1-24)

b.As a single price pool to those whose combination finished as the first two (2) betting interests; but

c.As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one (1) of those two (2) finishers, then;(7-1-24)

d.As a single price pool to those whose combination included the one (1) covered betting interest included within the first two (2) finishers; but if there are no such wagers, then;(7-1-24)

e.The entire pool must be refunded on Quinella wagers for that contest.(7-1-24)

03.Dead Heat -- First Place. If there is a dead heat for first involving:(7-1-24)

a.Contestants representing the same betting interest, the Quinella pool is distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.

b.Contestants representing two (2) betting interests, the Quinella pool is distributed as if no dead heat

c.Contestants representing three (3) or more betting interests, the Quinella pool is distributed as a

04.Dead Heat -- Second Place. If there is a dead heat for second involving contestants representing the same betting interest, the Quinella pool is distributed as if no dead heat occurred.(7-1-24)

05.Dead Heat -- Two or More Interests. If there is a dead heat for second involving contestants representing two (2) or more betting interests, the Quinella pool is distributed to wagers in the following precedence, based upon the official order of finish:(7-1-24)

a.As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one (1) covered combination, then;(7-1-24)

b.As a single price pool to those combining the winner with the one (1) covered betting interest involved in the dead heat for second; but if there are no such wagers, then;(7-1-24)

c.As a profit split to those combining the betting interests involved in the dead heat for second; but if

d.As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second; but if there are no such wagers,

e.The entire pool must be refunded on Quinella wagers for that contest.(7-1-24)

IDAPA 11.04.01.838 Quinella Double Pools

01.Quinella Double Pools.

The Quinella Double requires selection of the first two (2) finishers, irrespective of order, in each of two (2) specified contests.(7-1-24)

02.Distribution. The net Quinella Double pool must be distributed to winning wagers in the following

a.If a coupled entry or mutuel field finishes as the first two (2) contestants in either contest, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest, as well as the first two (2) finishers in the alternate Quinella Double contest, otherwise;(7-1-24)

b.As a single price pool to those who selected the first two (2) finishers in each of the two (2)

Quinella Double contests; but if there are no such wagers, then;(7-1-24)

c.As a profit split to those who selected the first two (2) finishers in either of the two (2) Quinella Double contests; but if there are no such wagers on one (1) of those contests, then;(7-1-24)

d.As a single price pool to those who selected the first two (2) finishers in the one (1) covered Quinella Double contest; but if there were no such wagers, then;(7-1-24)

e.The entire pool must be refunded on Quinella Double wagers for those contests.(7-1-24)

03.Dead Heat - First Place. If there is a dead heat for first in either of the two (2) Quinella Double contests involving:(7-1-24)

a.Contestants representing the same betting interest, the Quinella Double pool is distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish for that contest.(7-1-24)

b.Contestants representing two (2) betting interests, the Quinella Double pool is distributed as if no

c.Contestants representing three (3) or more betting interests, the Quinella Double pool is distributed as a profit split.(7-1-24)

04.Dead Heat -- Second Place. If there is a dead heat for second in either of the Quinella Double contests involving contestants representing the same betting interest, the Quinella Double pool is distributed as if no

05.Dead Heat -- Second Place Two or More Interests. If there is a dead heat for second in either of the Quinella Double contests involving contestants representing two (2) or more betting interests, the Quinella Double pool is distributed as a profit split.(7-1-24)

06.Betting Interest Deducted -- First Half. Should a betting interest in the first-half of the Quinella Double be scratched prior to the first Quinella Double contest being declared official, all money wagered on combinations including the scratched betting interest will be deducted from the Quinella Double pool and refunded.

07.Betting Interest Deducted -- Second Half. Should a betting interest in the second-half of the Quinella Double be scratched prior to the close of wagering on the first Quinella Double contest, all money wagered on combinations including the scratched betting interest will be deducted from the Quinella Double pool and refunded.(7-1-24)

08.Consolation Payoff. Should a betting interest in the second-half of the Quinella Double be scratched after the close of wagering on the first Quinella Double contest, all wagers combining the winning combination in the first contest with a combination including the scratched betting interest in the second contest will be allocated a consolation payout. In calculating the consolation payout the net Quinella Double pool is divided by the total amount wagered on the winning combination in the first contest and an unbroken consolation price obtained.

The unbroken consolation price is multiplied by the dollar value of wagers on the winning combination in the first cont est combined with a combination including the scratched betting interest in the second contest to obtain the consolation payout. Breakage is not declared in this calculation. The consolation payout is deducted from the net Quinella Double pool before calculation and distribution of the winning Quinella Double payout. In the event of a dead heat involving separate betting interests, the net Quinella Double pool is distributed as a profit split.(7-1-24)

09.Refunded Quinella. If either of the Quinella Double contests is cancelled prior to the first Quinella Double contest, or the first Quinella Double contest is declared “no contest,” the entire Quinella Double pool must be refunded on Quinella Double wagers for those contests.(7-1-24)

10.Second Double Contest Cancelled. If the second Quinella Double contest is cancelled or declared “no contest” after the conclusion of the first Quinella Double contest, the net Quinella Double pool must be distributed as a single price pool to wagers selecting the winning combination in the first Quinella Double contest. If there are no wagers selecting the winning combination in the first Quinella Double contest, the entire Quinella Double pool must be refunded on Quinella Double wagers for those contests.(7-1-24)

IDAPA 11.04.01.839 Exacta Pools

01.Exacta Pools.

The Exacta requires selection of the first two (2) finishers, in their exact order, for a

02.Distribution. The net Exacta pool must be distributed to winning wagers in the following

a.If contestants of a coupled entry or mutuel field finish as the first two (2) finishers, as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;(7-1-24)

b.As a single price pool to those whose combination finished in correct sequence as the first two (2)

c.As a profit split to those whose combination included either the first-place betting interest to finish first or the second-place betting interest to finish second; but if there are no such wagers on one (1) of those two (2) finishers, then;(7-1-24)

d.As a single price pool to those whose combination included the one (1) covered betting interest to finish first or second in the correct sequence; but if there are no such wagers, then;(7-1-24)

e.The entire pool must be refunded on Exacta wagers for that contest.(7-1-24)

a.Contestants representing the same betting interest, the Exacta pool is distributed as a single price pool to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.(7-1-24)

b.Contestants representing two (2) or more betting interests, the Exacta pool is distributed as a profit

04.Dead Heat for Second. If there is a dead heat for second involving contestants representing the same betting interest, the Exacta pool is distributed as if no dead heat occurred.(7-1-24)

05.Dead Heat for Second -- Two or More Betting Interests. If there is a dead heat for second involving contestants representing two (2) or more betting interests, the Exacta pool is distributed to ticket holders in the following precedence, based upon the official order of finish:(7-1-24)

a.As a profit split to those combining the first-place betting interest with any of the betting interests involved in the dead heat for second; but if there is only one (1) covered combination, then;(7-1-24)

b.As a single price pool to those combining the first-place betting interest with the one (1) covered betting interest involved in the dead heat for second; but if there are no such wagers, then;(7-1-24)

c.As a profit split to those wagers correctly selecting the winner for first-place and those wagers selecting any of the dead-heated betting interests for second-place; but if there are no such wagers, then;(7-1-24)

d.The entire pool must be refunded on Exacta wagers for that contest.(7-1-24)

IDAPA 11.04.01.840 Trifecta Pools

01.Trifecta Pools.

The Trifecta requires selection of the first three (3) finishers, in their exact order, for a single contest.(7-1-24)

02.Distribution. The net Trifecta Pool must be distributed to winning wagers in the following

a.As a single price pool to those whose combination finished in correct sequence as the first three (3)

b.As a single price pool to those whose combination included, in correct sequence, the first two (2)

c.As a single price pool to those whose combination correctly selected the first-place betting interest

d.The entire pool must be refunded on Trifecta wagers for that contest.(7-1-24)

03.Less Than Three Interests Finish. If less than three (3) betting interests finish and the contest is declared official, payoffs will be made based upon the order of finish of those betting interests completing the contest.

The balance of any selection beyond the number of betting interests completing the contest will be ignored. (7-1-24)

04.Dead Heat for First. If there is a dead heat for first involving:(7-1-24)

a.Contestants representing three (3) or more betting interests, all of the wagering combinations selecting three (3) betting interests which correspond with any of the betting interests involved in the dead heat will share in a profit split.(7-1-24)

b.Contestants representing two (2) betting interests, both of the wagering combinations selecting the two (2) dead-heated betting interests, irrespective of order, along with the third-place betting interest will share in a

05.Dead Heat -- Second Place. If there is a dead heat for second, all of the combinations correctly selecting the winner combined with any of the betting interests involved in the dead heat for second will share a profit

06.Dead Heat -- Third Place. If there is a dead heat for third, all wagering combinations correctly selecting the first two (2) finishers, in correct sequence, along with any of the betting interests involved in the dead heat for third will share in a profit split.(7-1-24)

07.Coupled Entries and Mutuel Fields. Trifecta pools with hard entries may not be established for any race with fewer than eight (8) racing interests scheduled to start. For those licensees who hold race meets only during their county fair meets, a trifecta pool can be established for any race with a hard entry in which there are no fewer than six (6) racing interests scheduled to start. In all cases, entrees coupled as a single wagering interest will be permitted provided that such single wagering interest constitutes an individual wagering selection and a scratch of any horse that is a part of any entry or the field does not constitute a scratch of the single wagering interest. (7-1-24)

IDAPA 11.04.01.841 Superfecta Pools

01.Superfecta Pools.

The Superfecta requires selection of the first four (4) finishers, in their exact order, for a single contest.(7-1-24)

02.Distribution. The net Superfecta pool must be distributed to winning wagers in the following

a.As a single price pool to those whose combination finished in correct sequence as the first four (4)

b.As a single price pool to those whose combination included, in correct sequence, the first three (3)

c.As a single price pool to those whose combination included, in correct sequence, the first two (2)

d.As a single price pool to those whose combination correctly selected the first-place betting interest

e.The entire pool must be refunded on Superfecta wagers for that contest.(7-1-24)

03.Less Than Four Finish. If less that four (4) betting interests finish and the contest is declared official, payouts will be made based upon the order of finish of those betting interests completing the contest. The balance of any selection beyond the number of betting interests completing the contest will be ignored.(7-1-24)

04.Dead Heat -- First Place. If there is a dead heat for first involving:(7-1-24)

a.Contestants representing four (4) or more betting interests, all of the wagering combinations selecting four (4) betting interests which correspond with any of the betting interests involved in the dead heat will share in a profit split.(7-1-24)

b.Contestants representing three (3) betting interests, all of the wagering combinations selecting the three (3) dead-heated betting interests, irrespective of order, along with the fourth-place betting interest will share in a

c.Contestants representing two (2) betting interests, both of the wagering combinations selecting the two (2) dead-heated betting interests, irrespective of order, along with the third-place and fourth-place betting interests will share in a profit split.(7-1-24)

05.Dead Heat -- Second Place. If there is a dead heat for second involving:(7-1-24)

a.Contestants representing three (3) or more betting interests, all of the wagering combinations correctly selecting the winner combined with any of the three (3) betting interests involved in the dead heat for second will share in a profit split.(7-1-24)

b.Contestants representing two (2) betting interests, all of the wagering combinations correctly selecting the winner, the two (2) dead-heated betting interests, irrespective of order, and the fourth-place betting interest will share in a profit split.(7-1-24)

06.Dead Heat - Third Place. If there is a dead heat for third, all wagering combinations correctly selecting the first two (2) finishers, in correct sequence, along with any two (2) of the betting interests involved in the dead heat for third will share in a profit split.(7-1-24)

07.Dead Heat -- Fourth Place . If there is a dead heat for fourth, all wag ering combinations correctly selecting the first three (3) finishers, in correct sequence, along with any of the betting interests involved in the dead heat for fourth will share in a profit split.(7-1-24)

IDAPA 11.04.01.842 Twin Quinella Pools

01.Twin Quinella Pools. The T win Quinella requires selection of the first two (2) finishers, irrespective of order, in each of two (2) designated contests. Each winning ticket for the first Twin Quinella contest must be exchanged for a free ticket on the second Twin Quinella contest in order to remain eligible for the secondhalf Twin Quinella pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Quinella contest. There will be no monetary reward for winning the first Twin Quinella contest. Both of the designated Twin Quinella contests will be included in only one (1) Twin Quinella pool.(7-1-24)

02.Winning Procedure. In the first Twin Quinella contest only, winning wagers must be determined using the following precedence, based upon the official order of finish for the first Twin Quinella contest:(7-1-24)

a.If a coupled entry or mutuel field finishes as the first two (2) finishers, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish are winners, otherwise;(7-1-24)

b.Those whose combination finished as the first two (2) betting interests are winners; but if there are no such wagers, then;(7-1-24)

c.Those whose combination included either the first- or second-place finisher are winners; but if there are no such wagers on one (1) of those two (2) finishers, then;(7-1-24)

d.Those whose combination included the one (1) covered betting interest included within the first two (2) finishers are winners; but if there are no such wagers, then;(7-1-24)

e.The entire pool must be refunded on Twin Quinella wagers for that contest.(7-1-24)

03.Dead Heat -- First Place. In the first Twin Quinella contest only, if there is a dead heat for first involving:(7-1-24)

a.Contestants representing the same betting interest, those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish are winners.(7-1-24)

b.Contestants representing two (2) betting interests, the winning Twin Quinella wagers are determined as if no dead heat occurred.(7-1-24)

c.Contestants representing three (3) or more betting interests, those whose combination included any two (2) of the betting interests finishing in the dead heat are winners.(7-1-24)

04.Dead Heat -- Second Place. In the first Twin Quinella contest only, if there is a dead heat for second involving contestants representing two (2) or more betting interests, the Twin Quinella pool will be distributed to wagers in the following precedence, based upon the official order of finish:(7-1-24)

a.As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second but if there is only one (1) covered combination, then;(7-1-24)

b.As a single price pool to those combining the winner with the one (1) covered betting interest involved in the dead heat for second; but if there are no such wagers, then;(7-1-24)

c.As a profit split to those combining the betting interests involved in the dead heat for second; but if

d.As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead hear for second; but if there are no such wagers,

e.The entire pool must be refunded on Twin Quinella wagers for that contest.(7-1-24)

05.Distribution.

In the second Twin Quinella contest only, the entire net Twin Quinella pool must be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Quinella contest:(7-1-24)

a.If a coupled entry or mutuel field finishes as the first two (2) finishers, as a single price pool to those who selected the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish, otherwise;(7-1-24)

b.As a single price pool to those whose combination finished as the first two (2) betting interests; but

c.As a profit split to those whose combination included either the first- or second-place finisher; but if there are no such wagers on one (1) of those two (2) finishers, then;(7-1-24)

d.As a single price pool to those whose combination included the one (1) covered betting interest included within the first two (2) finishers; but if there are no such wagers, then;(7-1-24)

e.As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then;(7-1-24)

f.In accordance with Subsection 842.02 of these rules.(7-1-24)

06.Dead Heat -- First Place. In the second Twin Quinella contest only, if there is a dead heat for first involving:(7-1-24)

a.Contestants representing the same betting interest, the net Twin Quinella pool will be distributed to those selecting the coupled entry or mutuel field combined with the next separate betting interest in the official order of finish.(7-1-24)

b.Contestants representing two (2) betting interests, the net Twin Quinella pool will be distributed as if no dead heat occurred.(7-1-24)

c.Contestants representing three (3) or more betting interests, the net Twin Quinella pool will be distributed as a profit split to those whose combination included any two (2) of the betting interests finishing in the dead heat.(7-1-24)

07.Dead Heat -- Second Place. In the second Twin Quinella contest only, if there is a dead heat for second involving contestants representing two (2) or more betting interests, the Twin Quinella pool will be distributed to wagers in the following precedence, based upon the official order of finish:(7-1-24)

a.As a profit split to those combining the winner with any of the betting interests involved in the dead heat for second; but if there is only one (1) covered combination, then;(7-1-24)

b.As a single price pool to those combining the winner with the one (1) covered betting interest involved in the dead heat for second; but if there are no such wagers, then;(7-1-24)

c.As a profit split to those combining the betting interests involved in the dead heat for second; but if there are no such wagers, then;;(7-1-24)

d.As a profit split to those whose combination included the winner and any other betting interest and wagers selecting any of the betting interests involved in the dead heat for second, then; (7-1-24)

e.As a single price pool to all the exchange ticket holders for that contest; but if there are no such tickets, then;(7-1-24)

f.In accordance with Subsection 842.02 of these rules.(7-1-24)

08.Forfeiture of Rights. If a winning ticket for the first-half of the Twin Quinella is not presented for exchange prior to the close of bet ting on the second-half Twin Quinella contest, the ticket holder forfeits all rights to any distribution of the Twin Quinella pool resulting from the outcome of the second contest.(7-1-24)

09.First-Half Scratch. Should a betting interest in the first-half of the Twin Quinella be scratched, those Twin Quinella wagers including the scratched betting interest must be refunded.(7-1-24)

10.Second-Half Scratch. Should a betting interest in the second-half of the Twin Quinella be scratched, an announcement concerning the scratch must be made and a reasonable amount of time be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Quinella contest, the ticket holder forfeits all rights to the Twin Quinella pool.(7-1-24)

11.Contest Cancelled. If either of the Twin Quinella contests is cancelled prior to the first Twin Quinella contest, or the first Twin Quinella contest is declared “no contest,” the entire Twin Quinella pool must be refunded on Twin Quinella wagers for that contest.(7-1-24)

12.Second-Half Cancelled. If the second-half Twin Quinella contest is cancelled or declared “no contest” after the conclusion of the first Twin Quinella contest, the net Twin Quinella pool will be distributed as a single price pool to wagers selecting the winning combination in the first Twin Quinella contest and all valid exchange tickets. If there is no such wagers, the net Twin Quinella pool must be distributed as described in Subsection 842.02 of these rules.(7-1-24)

IDAPA 11.04.01.843 Twin Trifecta Pools

01.Twin Trifecta Pools. The T win Trifecta requires selection of the first three (3) finishers, in their exact order, in each of two (2) designated contests. Each winning ticket for the first Twin Trifecta contest must be exchanged for a free ticket on the second Twin Trifecta contest in order to remain eligible for the second-half Twin Trifecta pool. Such ticket may be exchanged only at attended ticket windows prior to the second Twin Trifecta contest. Winning first-half Twin Trifecta wagers will receive both an exchange and a monetary payoff. Both of the designated Twin Trifecta contests will be included in only one (1) Twin Trifecta pool.(7-1-24)

02.Providing Pools. After wagering closes for the first-half of the Twin Trifecta and commissions have been deducted from the pool, the net pool is then divided into separate pools: the first-half Twin Trifecta pool and the second-half Twin Trifecta pool.(7-1-24)

03.Winning Precedence. In the first Twin Trifecta contest only, winning wagers must be determined using the following precedence, based upon the official order of finish for the first Twin Trifecta contest:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first three (3) betting interests, but if there are no such wagers, then;(7-1-24)

b.As a single price pool to those whose combination included, in correct sequence, the first two (2) betting interests, but if there are no such wagers, then;(7-1-24)

c.As a single price pool to those whose combination correctly selected the first-place betting interest only, but if there are no such wagers, then;(7-1-24)

d.The entire Twin Trifecta pool must be refunded on Twin Trifecta wagers for that contest and the second-half cancelled.(7-1-24)

04.Carryover Pool. If no first-half Twin Trifecta ticket selects the first three (3) finishers of that contest in exact order, winning ticket holders will not receive any exchange tickets for the second-half Twin Trifecta pool. In such case, the second-half Twin Trifecta pool must be retained and added to any existing Twin Trifecta carryover pool.(7-1-24)

05.Exchange of Tickets. Winning tickets from the first-half of the Twin Trifecta will be exchanged for tickets selecting the first three (3) finishers of the second-half of the Twin Trifecta. The second-half Twin Trifecta pool must be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Trifecta contest:(7-1-24)

a.As a single price pool, including any existing carryover monies, to those whose combination finished in the correct sequence as the first three (3) betting interests; but if there are no such tickets, then;(7-1-24)

b.The entire second-half Twin Trifecta pool for that contest must be added to any existing carryover monies and retained for the corresponding second-half Twin Trifecta pool of the next consecutive performance.

06.Forfeiture of Rights. If a winning first-half Twin Trifecta ticket is not presented for cashing and exchange prior to the second-half Twin Trifecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Trifecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.(7-1-24)

07.Coupled Entries and Mutuel Field. Coupled entries and mutuel fields are prohibited in Twin Trifecta contests.(7-1-24)

08.Scratched Interests. Should a betting interest in the first-half of the Twin Trifecta be scratched, those Twin Trifecta wagers including the scratched betting interest must be refunded.(7-1-24)

09.Second-Half Betting Interest Scratch. Should a betting interest in the second-half of the Twin Trifecta be scratched, an announcement concerning the scratch must be made and a reasonable amount of time be provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Trifecta contest, the ticket holder forfeits all rights to the second-half Twin Trifecta pool.(7-1-24)

10.Reduced Interests. If, due to a late scratch, the number of betting interests in the second-half of the Twin Trifecta is reduced to fewer than the minimum, all exchange tickets and the outstanding first-half winning tickets will be entitled to the second-half Twin Trifecta pool for that contest as a single price pool, but not the Twin Trifecta carryover.(7-1-24)

11.Dead Heat. If there is a dead heat or multiple dead heats in either the first or second-half of the Twin Trifecta, all Twin Trifecta wagers selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, is a winner. In case of a dead heat occurring in:(7-1-24)

a.The first-half of the Twin Trifecta, the payoff is calculated as a profit split.(7-1-24)

b.The second-half of the Twin Trifecta, the payoff is calculated as a single price pool.(7-1-24)

12.Cancelled Contest. If either of the Twin Trifecta contests are cancelled prior to the first Twin Trifecta contest, or the first Twin Trifecta contest is declared “no contest,” the entire Twin Trifecta pool must be refunded on Twin Trifecta wagers for that contest and the second-half cancelled.(7-1-24)

13.Second-Half Cancelled. If the second-half Twin Trifecta contest is cancelled or declared “no contest,” all exchange tickets and outstanding first-half winning Twin Trifecta tickets will be entitled to the net Twin Trifecta pool for that contest as a single price pool, but not Twin Trifecta carryover. If there are no such tickets, the net Twin Trifecta pool must be distributed as described in Subsection 843.05 of these rules.(7-1-24)

14.Capped Carryover. The T win Trifecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Twin Trifecta carryover equals or exceeds the designated cap, the Twin Trifecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the Twin Trifecta carryover is frozen, one hundred percent (100%) of the net Twin Trifecta pool for each individual contest must be distributed to winners of the first-half of the Twin Trifecta pool.

15.Request to Distribute Carryover. A written request for permission to distribute the Twin Trifecta carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance

16.Winning Precedence. Should the Twin Trifecta carryover be designated for distribution on a specific date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Trifecta after completion of the first-half of the Twin Trifecta:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first three (3)

b.As a single price pool to those whose combination included, in the correct sequence, the first two (2) betting interests; but if there are no such wagers, then;(7-1-24)

c.As a single price pool to those whose combination correctly selected the first-place betting interest

d.As a single price pool to holders of valid exchange tickets.(7-1-24)

e.As a single price pool to holders of outstanding first-half winning tickets.(7-1-24)

17.Exchange of Tickets. Contrary to Subsection 843.04 of these rules, during a performance designated to distribute the Twin Trifecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Trifecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first- and second-place betting interest. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Trifecta, all first-half tickets will become winners and will receive one hundred percent (100%) of that day’s net Twin Trifecta pool and any existing Twin Trifecta carryover.

18.Carryover Designation. The Twin Trifecta carryover must be designated for distribution on a

a.Upon written approval from the Racing Commission as provided in Subsection 843.15 of these

b.Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Twin Trifecta is discontinued.(7-1-24)

c.On the closing performance of the meet or split meet(7-1-24)

19.Carryover from Past Subsequent Meet. If, for any reason, the Twin Trifecta carryover must be held over to the corresponding Twin Trifecta pool of a subsequent meet, the carryover must be deposited in an interest-bearing account approved by the Racing Commission. The Twin Trifecta carryover plus accrued interest will then be added to the second-half Twin Trifecta pool of the following meet on a date and performance so designated by the Racing Commission.(

20.Prohibited Information. Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited until the race is made official. This does not prohibit necessary communication between totalizator and pari-mutuel

21.Contest Approval. The racing association must obtain written approval from the Racing Commission concerning the scheduling of Twin Trifecta contests, the percentage of the net pool added to the firsthalf pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Trifecta format require prior approval from the Racing Commission.(7-1-24)

IDAPA 11.04.01.844 Tri-Superfecta Pools

01.Tri-Superfecta Pools.

The Tri-Superfecta requires selection of the first three (3) finishers, in their exact order, in the first two (2) designated contests and the first four (4) finishers, in exact order, in the second of the two (2) designated contests. Each winning ticket for the first Tri-Superfecta contest must be exchanged for a free ticket on the second Tri-Superfecta contest in order to remain eligible for the second-half Tri-Superfecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Tri-Superfecta contest. Winning firsthalf Tri-Superfecta tickets will receive both an exchange and a monetary payoff. Both of the designated Tri- Superfecta contests will be included in only one (1) Tri-Superfecta pool.(7-1-24)

02.Providing Pools. After wagering closes for the first-half of the Tri-Superfecta and commissions have been deducted from the pool, the net pool will then be divided into two (2) separate pools: the first-half Tri- Superfecta pool and the second-half Tri-Superfecta pool.(7-1-24)

03.Winning Precedence. In the first Tri-Superfecta contest only, winning tickets must be determined using the following precedence, based upon the official order of finish for the first Tri-Superfecta contest:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first three (3)

b.As a single price pool to those whose combination included, in correct sequence, the first two (2)

c.As a single price pool to those whose combination correctly selected the first-place betting interest

d.The entire Tri-Superfecta pool must be refunded on Tri-Superfecta wagers for that contest and the second-half cancelled.(7-1-24)

04.Carryover Pool. If no first-half Tri-Superfecta ticket selects the first three (3) finishers of that contest in exact order, winning ticket holders will not receive any exchange tickets for the second-half Tri-Superfecta pool. In such case, the second-half Tri-Superfecta pool must be retained and added to any existing Tri-Superfecta carryover pool.(7-1-24)

05.Exchange of Tickets. Winning tickets from the first-half of the Tri-Superfecta will be exchanged for tickets selecting the first four (4) finishers of the second-half of the Tri-Superfecta. The second-half Tri- Superfecta pool must be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Tri-Superfecta contest:(7-1-24)

a.As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first four (4) betting interests; but if there are no such tickets, then;(7-1-24)

b.The entire second-half Tri-Superfecta pool for that contest must be added to any existing carryover monies and retained for the corresponding second-half Tri-Superfecta pool of the next performance.(7-1-24)

06.Forfeiture of Rights. If a winning first-half Tri-Superfecta ticket is not presented for cashing and exchange prior to the second-half Tri-Superfecta contest, the ticket holder may still collect the monetary value ass ociated with the first-half Tri-Superfecta pool but forfeits all rights to any distribution of the second-half Tri-

07.Coupled Entries and Mutuel Field. Coupled entries and mutuel fields are prohibited in Tri- Superfecta contests.(7-1-24)

08.Scratched Interest. Should a betting interest in the first-half of the Tri-Superfecta be scratched, those Tri-Superfecta tickets including the scratched betting interest must be refunded.(7-1-24)

09.Second-Half Betting Interest Scratch. Should a betting interest in the second-half of the Tri- Superfecta be scratched, an announcement concerning the scratch must be made and a reasonable amount of time provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Tri-Superfecta contest, the ticket holder forfeits all rights to the second-half Tri-

10.Reduced Interests. If, due to a late scratch, the number of betting interests in the second-half of the Tri-Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets will be entitled to the second-half Tri-Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover.(7-1-24)

11.Dead Heat. If there is a dead heat or multiple dead heats in either the first- or second-half of the Tri-Superfecta, all Tri-Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, is a winner. In the case of a dead heat occurring in:(7-1-24)

a.The first-half of the Tri-Superfecta, the payoff is calculated as a profit split.(7-1-24)

b.The second-half of the Tri-Superfecta, the payoff is calculated as a single price pool.(7-1-24)

12.Cancelled Contest. If either of the Tri-Superfecta contests are cancelled prior to the first Tri- Superfecta contest, or the first Tri-Superfecta contest is declared “no contest,” the entire Tri-Superfecta pool must be refunded on Tri-Superfecta wagers for that contest and the second-half cancelled.(7-1-24)

13.Second-Half Cancelled. If the second-half Tri-Superfecta contest is cancelled or declared “no contest,” all exchange tickets and outstanding first-half winning Tri-Superfecta tickets will be entitled to the net Tri- Superfecta pool for that contest as a single price pool, but not the Tri-Superfecta carryover. If there are no such tickets, the net Tri-Superfecta pool must be distributed as described in Subsection 844.03 of these rules.(7-1-24)

14.Capped Carryover. The Tri-Superfecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Tri-Superfecta carryover equals or exceeds the designated cap, the Tri-Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second-half Tri-Superfecta carryover is frozen, one hundred percent (100%) of the net Tri-Superfecta pool for each individual contest will be distributed to winners of the first-half of the Tri-

15.Request to Distribute Carryover. A written request for permission to distribute the Tri-Superfecta carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefits to be derived, and the intended date and performance

16.Winning Precedence. Should the Tri-Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Tri-Superfecta after completion of the first-half of the Tri-Superfecta:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first four (4)

b.As a single price pool to those whose combination included, in correct sequence, the first three (3)

c.As a single price pool to those whose combination included, in correct sequence, the first two (2)

d.As a single price pool to those whose combination included, in correct sequence, the first-place betting interest only; but if there are no such wagers, then;(7-1-24)

e.As a single price pool to holders of valid exchange tickets.(7-1-24)

f.As a single price pool to holders of outstanding first-half winning tickets.(7-1-24)

17.Exchange of Tickets. Contrary to Subsection 844.04 these rules, during a performance designated to distribute the Tri-Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Tri-Superfecta. If there are no wagers correctly selecting the first-, second-, and third-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Tri-Superfecta, all first-half tickets will become winners and will receive one hundred percent (100%) of that day’s net Tri-Superfecta pool and any existing Tri-Superfecta carryover as a single price pool.(7-1-24)

18.Carryover Designation. The Tri-Superfecta carryover may be designated for distribution on a

a.Upon written approval from the Racing Commission as provided in Subsection 844.15 of these

b.Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Tri-Superfecta is discontinued.(7-1-24)

19.Carryover from Past Subsequent Meet. If, for any reason, the Tri-Superfecta carryover must be held over to the corresponding Tri-Superfecta pool of a subsequent meet, the carryover must be deposited in an interest-bearing account approved by the Racing Commission. The Tri-Superfecta carryover plus accrued interest will then be added to the second-half Tri-Superfecta pool of the following meet on a date and performance so designated by the Racing Commission.(7-1-24)

20.Prohibited Information. Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited until the race is made official. This does not prohibit necessary communication between totalizator and pari-mutuel

21.Contest Approval. The racing association must obtain written approval from the Racing Commission concerning the scheduling of Tri-Superfecta contest, the percentages of the net pool added to the firsthalf pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Tri-Superfecta format requires prior approval from the Racing Commission.(7-1-24)

IDAPA 11.04.01.845 Twin Superfecta Pools

01.Twin Superfecta Pools. The T win Superfecta requires selection of the first four (4) finishers, in their exact order, in each of two (2) designated contests. Each winning ticket for the first Twin Superfecta contest must be exchanged for a free ticket on the second Twin Superfecta contest in order to remain eligible for the secondhalf Twin Superfecta pool. Such tickets may be exchanged only at attended ticket windows prior to the second Twin Superfecta contest. Winning first-half Twin Superfecta tickets will receive both an exchange and a monetary payoff.

Both of the designated Twin Superfecta contests will be included in only one (1) Twin Superfecta pool.(7-1-24)

02.Dividing Pools. After wagering closes for the first-half of the Twin Superfecta and commissions have been deducted from the pool, the net pool must then be divided into two (2) separate pools: the first-half Twin Superfecta pool and the second-half Twin Superfecta pool.(7-1-24)

03.Winning Precedence. In the first Twin Superfecta contest only, winning wagers must be determined using the following precedence, based upon the official order of finish for the first Twin Superfecta contest:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first four (4)

b.As a single price pool to those whose combination included, in correct sequence, the first three (3)

c.As a single price pool to those whose combination included, in correct sequence, the first two (2)

d.As a single price pool to those whose combination correctly selected the first-place betting interest

e.The entire Twin Superfecta pool must be refunded on Twin Superfecta wagers for that contest and the second-half cancelled.(7-1-24)

04.Carryover Pool -- First Race. If no first-half Twin Superfecta ticket selects the first four (4) finishers of that contest in exact order, winning ticket holders will not receive any exchange tickets for the secondhalf Twin Superfecta pool. In such case, the second-half Twin Superfecta pool will be retained and added to any existing Twin Superfecta carryover pool.(7-1-24)

05.Winning Distribution. Winning tickets from the first-half of the Twin Superfecta will be exchanged for tickets selecting the first four (4) finishers of the second-half of the Twin Superfecta. The second-half Twin Superfecta pool must be distributed to winning wagers in the following precedence, based upon the official order of finish for the second Twin Superfecta contest:(7-1-24)

a.As a single price pool, including any existing carryover monies, to those whose combination finished in correct sequence as the first four (4) betting interests; but if there are no such tickets, then;(7-1-24)

b.The entire second-half Twin Trifecta pool for that contest must be added to any existing carryover monies and retained for the corresponding second-half Twin Superfecta pool of the next performance.(7-1-24)

06.Forfeiture of Second-Half Rights. If a winning first-half Twin Superfecta ticket is not presented for cashing and exchange prior to the second-half Twin Superfecta contest, the ticket holder may still collect the monetary value associated with the first-half Twin Superfecta pool but forfeits all rights to any distribution of the second-half Twin Trifecta pool.(7-1-24)

07.Prohibited Entries. Coupled entries and mutuel fields are prohibited in Twin Superfecta contests.

08.Scratched First-Half Interest. Should a betting interest in the first-half of the Twin Superfecta be scratched, those Twin Superfecta tickets including the scratched betting interest must be refunded.(7-1-24)

09.Scratched Second-Half Interest. Should a betting interest in the second-half of the Twin Superfecta be scratched, an announcement concerning the scratch must be made and a reasonable amount of time provided for exchange of tickets that include the scratched betting interest. If tickets have not been exchanged prior to the close of betting for the second Twin Superfecta contest, the ticket holder forfeits all rights to the second-half Twin

10.Late Scratch. If, due to a late scratch, the number of betting interests in the second-half of the Twin Superfecta is reduced to fewer than the minimum, all exchange tickets and outstanding first-half winning tickets will be entitled to the second-half Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover.(7-1-24)

11.Dead Heat. If there is a dead heat or multiple dead heats in either the first- or second-half of the Twin Superfecta, all Twin Superfecta tickets selecting the correct order of finish, counting a betting interest involved in a dead heat as finishing in any dead-heated position, is a winner. In the case of a dead heat occurring in: (7-1-24)

a.The first-half of the Twin Superfecta, the payoff is calculated as a profit split.(7-1-24)

b.The second-half of the Twin Superfecta, the payoff is calculated as a single price pool.(7-1-24)

12.Canceled Contest. If either of the Twin Superfecta contests are cancelled prior to the first Twin Superfecta contest, or the first Twin Superfecta contest is declared “no contest,” the entire Twin Superfecta pool must be refunded on Twin Superfecta wagers for that contest and the second-half cancelled.(7-1-24)

13.Canceled Second-Half Contest. If the second-half Twin Superfecta contest is cancelled or declared “no contest,” all exchange tickets and outstanding first-half winning Twin Superfecta tickets will be entitled to the net Twin Superfecta pool for that contest as a single price pool, but not the Twin Superfecta carryover. If there are no such tickets, the net Twin Superfecta pool must be distributed as described in Subsection 845.03 of these rules.

14.Capped Carryover. The Twin Superfecta carryover may be capped at a designated level approved by the Racing Commission so that if, at the close of any performance, the amount in the Twin Superfecta carryover equals or exceeds the designated cap, the Twin Superfecta carryover will be frozen until it is won or distributed under other provisions of this rule. After the second-half Twin Superfecta carryover is frozen, one hundred percent (100%) of the net Twin Superfecta pool for each individual contest will be distributed to winners of the first-half of the Twin

15.Request for Carryover. A written request for permission to distribute the Twin Superfecta carryover on a specific performance may be submitted to the Racing Commission. The request must contain justification for the distribution, an explanation of the benefit to be derived, and the intended date and performance

16.Winning Precedence. Should the Twin Superfecta carryover be designated for distribution on a specified date and performance, the following precedence will be followed in determining winning tickets for the second-half of the Twin Superfecta:(7-1-24)

a.As a single price pool to those whose combination finished in correct sequence as the first four (4)

b.As a single price pool to those whose combination included, in correct sequence, the first three (3)

c.As a single price pool to those whose combination included, in correct sequence, the first two (2)

d.As a single price pool to those whose combination correctly selected the first-place betting interest

e.As a single price pool to holders of valid exchange tickets.(7-1-24)

f.As a single price pool to holders of outstanding first-half winning tickets.(7-1-24)

17.Exchange Ticket Distribution . Contrary to Subsection 845.04 of these rules, during a performan ce designated to distribute the Twin Superfecta carryover, exchange tickets will be issued for those combinations selecting the greatest number of betting interests in their correct order of finish for the first-half of the Twin Superfecta. If there are no wagers correctly selecting the first-, second-, third-, and fourth-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first-, second-, and third-place betting interests. If there are no wagers correctly selecting the first-, second- and third-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first- and second-place betting interests. If there are no wagers correctly selecting the first- and second-place finishers, in their exact order, then exchange tickets will be issued for combinations correctly selecting the first-place betting interest only. If there are no wagers selecting the first-place betting interest only in the first-half of the Twin Superfecta, all first-half tickets will become winners and will receive one hundred percent (100%) of that day’s net Twin Superfecta pool and any existing Twin Superfecta carryover as a single price pool.(7-1-24)

18.Carryover Distribution. The Twin Superfecta carryover must be designated for distribution on a

a.Upon written approval from the Racing Commission as provided in Subsection 845.15 of these

b.Upon written approval from the Racing Commission when there is a change in the carryover cap or when the Twin Superfecta is discontinued.(7-1-24)

19.Carryover Held. If, for any reason, the Twin Superfecta carryover must be held over to the corresponding Twin Superfecta pool of a subsequent meet, the carryover must be deposited in an interest-bearing account approved by the Racing Commission. The Twin Superfecta carryover plus accrued interest will then be added to the second-half Twin Superfecta pool of the following meet on a date and performance so designated by the

20.Prohibited Information. Providing information to any person regarding covered combinations, amounts wagered on specific combinations, number of tickets sold, or number of valid exchange tickets is prohibited until the race is made official. This does not prohibit necessary communication between totalizator and pari-mutuel

21.Written Approval. The racing association must obtain written approval from the Racing Commission concerning the scheduling of Twin Superfecta contests, the percentages of the net pool added to the first-half pool and second-half pool, and the amount of any cap to be set on the carryover. Any changes to the approved Twin Superfecta format require prior approval from the Racing Commission.(7-1-24)

IDAPA 11.04.01.846 (Reserved)

SUB AREA C2: SIMULCASTING

(Sections 900-949)

IDAPA 11.04.01.900 Requirements for Licensure of a Simulcast Facility

01.General.

Any racing association or simulcast operator authorized under these rules to conduct parimutuel wagering who desires to display the simulcast of pari-mutuel events on which pari-mutuel betting will be permitted, in the manner and subject to the conditions provided for under these rules, may apply to the Racing Commission for a license.(7-1-24)

02.Application for License. The application for a license must be in such form as may be prescribed by the Racing Commission and contain such information or other material or evidence as the Racing Commission may require.(7-1-24)

03.Daily Simulcast License Fee. The fee for such license is based upon the weekly handle. (7-1-24)

a.If the handle is greater than thirty thousand dollars ($30,000), the fee will be one hundred dollars ($100) per day of simulcast operation payable by the licensee to the Racing Commission. Seventy-five dollars ($75) of this fee will be paid to the Idaho State Racing Commission and twenty-five ($25) will be deposited in the Public School Income Fund.(7-1-24)

b.If the weekly handle is at least fifteen thousand dollars ($15,000), but less than thirty thousand dollars ($30,000), the fee will be fifty dollars ($50) per day of simulcast operation payable by the licensee to the Racing Commission. Twenty-five dollars ($25) of this fee will be deposited in the Public School Income Fund and twenty-five dollars ($25) will be paid to the Idaho State Racing Commission.(7-1-24)

c.If the weekly handle is less than fifteen thousand dollars ($15,000), the fee will be twenty-five dollars ($25) which will be deposited in the Public School Income Fund.(7-1-24)

04.Review and Approve. Before the Racing Commission grants such license, it will review and approve a plan of operation submitted with a license application including, but not limited to, the following information:(7-1-24)

a.A feasibility study denoting the revenue earnings expected from the simulcast facility and the costs expected to operate such a facility. The feasibility study includes:(7-1-24)

i.The number of simulcast races to be displayed;(7-1-24)

ii.The types of wagering to be offered;(7-1-24)

iii.The level of attendance expected and the area from which such attendance will be drawn;

iv.The level of anticipated wagering activity;(7-1-24)

v.The source and amount of revenues expected from other than pari-mutuel wagering;(7-1-24)

vi.The cost of operating the simulcast facility and the identification of costs to be amortized and the method of amortization of such costs; and(7-1-24)

vii.The probable impact of the proposed operation on revenues to local government.(7-1-24)

b.The security measures to be employed to protect the facility, to control crowds, to safeguard the transmission of wagering data to effectuate common wagering pools.(7-1-24)

c.The type of data processing, communication and transmission equipment to be utilized.(7-1-24)

d.The description of the management groups responsible for the operation of the simulcast facility.

e.The system of accounts to maintain a separate record of revenues collected by the simulcast facility, the distribution of such revenues and the accounting of costs relative to the simulcast operation.(7-1-24)

f.The location of the facility and a written confirmation from appropriate local officials that the location of such facility and the number of patrons expected to occupy such facility are in compliance with all applicable local ordinances, along with approval by appropriate county or city officials.(7-1-24)

IDAPA 11.04.01.901 Criteria for Approval of Application for Simulcast Operator

The Racing Commission uses the followin g decisional criteria in the approval or disapproval of an application for simulcast operator.(7-1-24)

01.General Benefit to the State. The operator’s general benefit to the state of Idaho.(7-1-24)

02.General Benefit to Horse Racing Industry. The operator’s general benefit to the state of Idaho’s horse racing industry.(7-1-24)

03.Operator’s Integrity. The operator’s integrity, including:(7-1-24)

a.Individual and corporate conduct;(7-1-24)

b.Criminal history; and(7-1-24)

c.Betting and gaming industry conduct.(7-1-24)

4. Operator's Credibility. The operator’s credibility, including:(7-1-24)

a.Accuracy of a feasibility study; and(7-1-24)

b.Experience and expertise of the operator in the simulcast industry.(7-1-24)

05.Financial Stability. The operator’s financial stability.(7-1-24)

IDAPA 11.04.01.902 Host Association

01.Contract.

Subject to Racing Commission approval of a simulcast contract, a host association licensed by the Racing Commission may simulcast its horse races to intrastate, interstate and out-of-state authorized users for the purpose of pari-mutuel wagering.(7-1-24)

02.Content. A racing association is responsible for the content of its simulcast and needs to use all reasonable effort to present a simulcast that offers the viewers an exemplary depiction of its racing program, a periodic display of wagering information, and continuity programming between horse racing events.(7-1-24)

03.Video. Unless otherwise permitted by the Racing Commission, every simulcast needs to contain in its video content a digital display of the actual time of day, the name of the host facility from where it emanates, the number of the horse race being displayed, and the minutes to post.(7-1-24)

04.Security Controls. As a condition of contract approval, or when deemed necessary by the Racing Commission, the host association may need to provide and maintain security controls, including encryption over its uplink and communications systems.(7-1-24)

IDAPA 11.04.01.903 Guest Associations

01.Contract Approval. Guest racing associations that are licensed by the Racing Commission and subject to contract approval by the Racing Commission may receive simulcast races for the purpose of pari-mutuel wagering from one (1) or more host associations.(7-1-24)

02.Plan for Testing. A plan that is subject to approval by the Racing Commission must be submitted by a guest racing association for testing the transmission, encryption and decoding, and data communication to assure proper system function prior to the commencement of each simulcast program or race from a host association.

IDAPA 11.04.01.904 (Reserved)

IDAPA 11.04.01.910 Interstate Common Pool Wagering

Subject to contract approval by the Racing Commission, a racing association may participate in common pool wagering by accepting wagers placed in other jurisdictions or by offering wagers on races run in other jurisdictions.

Contract approval requirements include, but may not be limited to, the following:(7-1-24)

01.Licensing Requirement. A contract to participate in interstate common pool wagering must include evidence that the authorized user in the other jurisdiction is licensed or otherwise authorized or approved by the pari-mutuel authority or equivalent in that jurisdiction.(7-1-24)

02.Pari-Mutuel Systems Requirement. A contract to participate in interstate common pool wagering must:(7-1-24)

a.Include evidence that the authorized user in the other jurisdiction utilizes a pari-mutuel wagering system fully compliant with requirements for totalizator systems used by licensed racing associations in Idaho;

b.Specify the regulatory authority responsible for granting a license to the racing association serving as host for purposes of aggregation of common pool wagering;(7-1-24)

c.Specify the name and location of the racing association that is the host for the common pool, and the individuals and contact information for matters relating to the contract and common pool wagering; and (7-1-24)

d.Specify the name of the totalizator company, location of the totalizator facility utilized to receive wagers and aggregate pools for the purpose of common pool wagering and the individuals and contact information for matters relating to the contract and common pool wagering.(7-1-24)

03.Access to Reports and Wagering Information Requirement. A contract to participate in interstate common pool wagering must include evidence that the authorized user in the other jurisdiction will provide full and prompt access to, and cooperation in providing, all reports and information that may be requested by the Racing Commission. This includes wagering transaction data in either a hard copy report or a standard electronic data format acceptable to the Racing Commission. Such requirement apply to all wagering on races run in Idaho and all wagering pools that accept wagers placed from Idaho.(7-1-24)

04.Breakage. The contract must include provisions specifying the distribution of breakage consistent with the requirement for wagers placed in Idaho.(7-1-24)

IDAPA 11.04.01.911 Net Pool Pricing

01.Takeout Rates. If takeout rates are not the same for all jurisdictions and net pool pricing is utilized, the contract must specify net pool pricing.(7-1-24)

a.Individual wagering transactions are deemed to be made at the point of sale in the state where placed unless otherwise specified by statute or court ruling.(7-1-24)

b.Any surcharges or withholdings in addition to the takeout may only be applied in the jurisdiction otherwise imposing such surcharges or withholdings.(7-1-24)

c.In determining whether to approve an interstate common pool which does not include the host track or which includes races from more than one racing association, the Racing Commission will consider and may approve use of a bet type which is not utilized at the host association, application of a takeout rate not in effect at the live event track, or other factors which are presented to the Racing Commission.(7-1-24)

d.The content and format of the visual display of racing and wagering information at facilities in other jurisdictions where wagering is permitted in the interstate common pool need not be identical to the similar information permitted or required to be displayed under these rules.(7-1-24)

02.Guest Participation in Interstate Common Pools.(7-1-24)

a.The Racing Commission may approve a takeout from the pari-mutuel pools identical to that of other jurisdictions participating in a merged pool.(7-1-24)

b.Rules, Live as established in the host state will apply to the merged pool.(7-1-24)

c.The simulcast operator must designate which one of the following procedures it will use if it becomes impossible to successfully merge the corresponding pools into the interstate common pool, and publish their designated procedure in the printed program:(7-1-24)

i.Compute payouts in accordance with payout prices that would have been in effect if prices for the pool of bets were calculated without regard to wagers placed elsewhere; or(7-1-24)

ii.With permission of the Racing Commission, pay winning tickets at the payout prices at the host track; or(7-1-24)

iii.Declare such accepted bets void and make refunds in accordance with the applicable rules.(7-1-24)

IDAPA 11.04.01.912 Host Participating in Interstate Common Pools

01.Rules of Racing Established. Rules of racing established for races held in Idaho will also apply to interstate common pools unless the Racing Commission has specifically determined otherwise.(7-1-24)

02.When Impossible to Merge Pools. Any contract for interstate common pools must contain a provision that states that if, for any reason, it becomes impossible to successfully accept placed wagers or to merge corresponding pools into the interstate common pool formed by the pari-mutuel pool host and the Racing Commission’s or the pari-mutuel pool host’s representative determines that accepting wagers or attempting to effect transfer of pool data from the guest association may endanger the integrity of the pool or the timely processing of payouts, the pari-mutuel pool host will have no liability for guest’s wagers or corresponding pools not being accepted into the host pool.(7-1-24)

IDAPA 11.04.01.913 Licenses for Simulcast Operators

01.License. Every pers on acting as a simulcast operator within Idaho must procure a license from the Racing Commission and no person will act in the capacity of a simulcast operator without a valid license. Such license may be renewed annually unless the application is denied for any cause that justifies the suspension or revocation of the license for violation of these rules.(7-1-24)

02.Responsibilities of Applicant. Each applicant must:(7-1-24)

a.Submit a financial statement as required by the Idaho State Racing Commission;(7-1-24)

b.Post with the Racing Commission a surety, in the amount and in such form as the Racing Commission may require, that is sufficient to ensure payment of distributable amounts of pari-mutuel pools pursuant to statute, operational costs, salaries, wages, benefits, and related financial obligations; and(7-1-24)

c.Demonstrate experience or adequate knowledge of the conduct of simulcast wagering or parimutuel wagering operations.(7-1-24)

03.Simulcast License Application. The simulcast operator intending to conduct wagering on an outof-state race must file with the Racing Commission a completed simulcast application. The application will be provided and approved by the Racing Commission. At a minimum the application will require the applicant to provide the following information:(7-1-24)

a.The number of live races projected in the current year;(7-1-24)

b.The number of live races run in the preceding year;(7-1-24)

c.Documentation that the required bond has been posted;(7-1-24)

d.Documentation that the appropriate public liability insurance has been obtained;(7-1-24)

e.Evidence of approval from the appropriate county or city officials;(7-1-24)

f.A signed contract from a local horsemen’s group. The horsemen’s group must be one that meets the definition of a horsemen’s group as defined in Section 54-2502, Idaho Code. The contract cannot conflict with any of the provisions of Sections 3001 through 3007 of Title 15 of the United States Code or any other federal laws;

g.A statement setting forth the date and time it intends to commence accepting wagers on out-of-state race or races; and(7-1-24)

h.Any other written or oral approvals required by the Racing Commission.(7-1-24)

04.Restrictions.(7-1-24)

a.No license will be granted to any person or entity that has failed, refused or neglected to comply with any rule, condition of license, or order of the Racing Commission or its Board of Stewards that is reasonably related to its conduct as a simulcast operator.(7-1-24)

b.No license will be granted to any person or entity that has engaged in any activity that is grounds for denial, suspension or revocation of license pursuant to the rules of the Racing Commission or whose general partners, officers, directors, or employees have engaged in any unlawful activity determined to be conduct detrimental to the best interest of horse racing.(7-1-24)

c.Additionally, no license will be granted to a person or entity that has failed, refused or neglected to enter into an agreement with a horsemen’s group as defined in Section 54-2502, Idaho Code.(7-1-24)

05.No Limitation. There will be no limitation as to the number of days a licensee may operate except as may otherwise be provided for within these rules or the Idaho Code.(7-1-24)

IDAPA 11.04.01.914 Simulcast Purse Money Collection and Distribution

01.Designated Purse Monies.

Each simulcast operator licensed by the Racing Commission must remit to the Racing Commission those monies designated by the horsemen’s agreement as purse monies. Payment must be made on a timely basis as provided in said agreement which will in no event be greater than thirty (30) days after accrual to the simulcast facility.(7-1-24)

02.Dual Signature Insured Account. Each horsemen’s group signatory to a horsemen’s agreement authorizing simulcasting must open and maintain a dual signature insured account, hereinafter called a “purse accumulation account.”(7-1-24)

03.Deposit into Appropriate Account. Prior to commencement of the live race meet, the Racing Commission will annually deposit into the appropriate purse accumulation account those funds paid to the Racing Commission by the respective simulcast operator(s). The Racing Commission has the authority to approve more frequent payments, if requested by said horseman’s group.(7-1-24)

04.Sanctions. In addition to all available sanctions, any person or licensee who receives monies designated as purse monies as described in these rules, and who violates these rules, can be ordered to pay a monetary penalty as set forth in Section 54-2509(4), Idaho Code, and daily interest accrued thereupon at the rate set by the Idaho State Treasurer.(7-1-24)

IDAPA 11.04.01.915 (Reserved)

IDAPA 11.04.01.930 Duties of Simulcast Operator

01.General.

A simulcast operator conducts and operates a pari-mutuel wagering system at one (1) or more guest associations on the results of horse races being held or conducted and simulcast from the enclosures of one (1) or more host associations pursuant to its agreement with such guest and host association and with the approval of the Racing Commission.(7-1-24)

02.Provisions. A simulcast operator must provide:(7-1-24)

a.Adequate transmitting or receiving equipment that does not interfere with the closed circuit TV system of the host association. All equipment must be of acceptable broadcast quality and meet applicable Federal Communications Commission and Racing Commission rules and orders. Said equipment may include approved microwave transmitters, with appropriate safeguards, as approved by the Racing Commission.(7-1-24)

b.Pari-mutuel terminals, pari-mutuel odds display, modems or switching units enabling pari-mutuel data transmissions, and data communication between the sending and the receiving racing associations.(7-1-24)

03.Pari-Mutuel Inspector. The Racing Commission will appoint at least one (1) state pari-mutuel inspector to monitor all approved simulcast facilities and may require additional pari-mutuel inspectors as is reasonably necessary for the protection of the public interest. The state pari-mutuel inspector, as well as a member or members of the Racing Commission, must:(7-1-24)

a.Be given free access to all of the books, papers and records of the simulcast operator’s simulcast operations during normal business hours.(7-1-24)

b.Be empowered to direct the simulcast operator to adopt such rules and to install such methods and systems of operating the mutuel department as may be deemed reasonably necessary so as to ensure compliance with the law and the rules of the Racing Commission.(7-1-24)

c.The state pari-mutuel inspector must report to the Racing Commission any failure of the licensee to comply with the provision hereof or any violation of the law or any of the rules of the Racing Commission which may come to his attention, including in his reports, recommendations with respect to the revocation of the licenses of any employee of the simulcast operator for failure to comply with the rules of the Racing Commission, or for fraud, dishonesty, or incompetency.(7-1-24)

04.Video Record. Upon the request of the Racing Commission the simulcast operator must make its best effort to provide the Racing Commission with a copy of the simulcast race requested.(7-1-24)

05.Test Program. Not less than thirty (30) minutes prior to the commencement of transmission of the racing program for each day or night, the simulcast operator must initiate a test program of its transmitter, encryption and decoding, and data communication to assure proper operation of the system.(7-1-24)

06.Locations Listing. At the request of any representative of the Racing Commission the Racing Association must provide a listing of all locations within this state enabled to receive the simulcast in decoded forms.

Failure to do so is grounds for immediate summary suspension of license and immediate cessation of simulcasting activities.(7-1-24)

07.Security. The Racing Association must maintain such security controls over its uplink and communications system as directed by the Racing Commission.(7-1-24)

08.Filing. Every simulcast operator at the request of the Racing Commission must file an annual report of its simulcast operations, and an audited balance sheet and income statement prepared according to Generally Accepted Accounting Principles.(7-1-24)

09.Compliance. The simulcast operator must comply with Section 54-2512, Idaho Code.(7-1-24)

IDAPA 11.04.01.931 Prohibition of Simulcast Signal

Pertaining to the simulcasting of greyhound racing, should substantial, competent evidence of cruelty to or misconduct in the treatment of greyhounds occur at a site under the jurisdiction of another state regulatory agency, the Racing Commission will prohibit the retransmission of any and all simulcast signals until appropriate action has been taken by the other state regulatory agency.(7-1-24)

IDAPA 11.04.01.932 Conflict of Laws

In the event of a conflict between the laws of the host track and the laws or rules of the state of Idaho, the laws or rules of the state of Idaho will apply.(7-1-24)

IDAPA 11.04.01.933 Totalizator or Other Approved Equipment

Pari-mutuel wagering on live horse races may only be conducted through the use of a totalizator or other similar mechanical equipment approved by the Commission.(7-1-24)

IDAPA 11.04.01.934 (Reserved)

SUB AREA C3: ADVANCED DEPOSIT WAGERING

(Sections 950-999)

IDAPA 11.04.01.950 Licensing for Advanced Deposit Wagering

No person may conduct advanced deposit wagering activities within Idaho prior to receiving an advance depos it wagering license from the Racing Commission.(7-1-24)

IDAPA 11.04.01.951 Advanced Deposit Wagering License

Any person may request a license from the Racing Commission to conduct advanced deposit wagering in accordance wit h Section 54-2512(5), Idaho Code, and these rules. As part of the request, such person must submit a detailed plan of how its proposed advance deposit wagering system would operate. The Racing Commission may require changes in a proposed plan of operations as a condition of granting a request. No subsequent changes in the system's operation may occur unless ordered by the Racing Commission or until approval is obtained from the Racing Commission after it receives a written request.(7-1-24)

IDAPA 11.04.01.952 Advance Deposit Wagering License Application

An applicant for an advance deposit wageri ng operator license must provide the following information as part of the application:(7-1-24)

01.Legal Name. The legal name of the person seeking the license.(7-1-24)

02.Corporation. If the person seeking a license is a corporation: the names, addresses of all directors and officers, the date of incorporation and the place of incorporation;.(7-1-24)

03.Partnership. If the person seeking a license is a partnership: the names, addresses of all partners. If a partner is a corporation the date of incorporation, the place of incorporation and the names and addresses of all directors and officers.(7-1-24)

04.Race Tracks. The names of the race tracks the advance deposit wagering operator has contracts with that allow the applicant to provide wagering on the product.(7-1-24)

05.Financial Information. Financial information that demonstrates the financial resources to operate.

06.Budget. A detailed budget showing anticipated revenue, expenditures and cash flows by month during the license period.(7-1-24)

07.Number of Days. The number of days of planned operation during the fiscal year in which they are seeking to be licensed.(7-1-24)

IDAPA 11.04.01.953 Detailed Plan of Operation for Advanced Deposit Wagering

01.Detailed Plan of Operation.

The detailed plan of operation for an advanced deposit wagering license must include, but is not limited to, the following information:(7-1-24)

a.The manner in which the wagering system will operate;(7-1-24)

b.Programs for responsible wagering; and(7-1-24)

c.Mitigation for the effects of advance deposit wagering on the source market in which the account holder resides.(7-1-24)

02.Requirements for Accounts Established and Operated for Persons Whose Principal Residence is Outside of the State of Idaho. The Racing Commission may require changes in a proposed plan of operations as a condition of granting a license. No subsequent changes in the system's operation may occur unless ordered by the Racing Commission or until approval is obtained from the Racing Commission after it receives a written request.(7-1-24)

IDAPA 11.04.01.954 Investigations or Inspections

The Racing Commission may conduct investigations and inspections and request additional information from the advan ced deposit wagerer as it deems appropriate.(7-1-24)

IDAPA 11.04.01.955 (Reserved)

IDAPA 11.04.01.960 Claims of Non-Payment

01.Claim of Non-Payment.

An account holder, who is claiming that non-payment has occurred, must make a claim of non-payment to the Racing Commission.(7-1-24)

02.Investigation of Claim. The Racing Commission will investigate the claim and provide the advance deposit wagering operator with an opportunity to respond thereto and submit any supporting documents or evidence it needs to defend the claim.(7-1-24)

03.Commission Determination. If the Racing Commission determines that the account holder is entitled to restitution, the advance deposit wagering operator has ten (10) days to pay the amount determined by the

IDAPA 11.04.01.961 Promote and Advertise

An applicant licensed under these rules may enter into such agreements, for what it deems good and sufficient reasons, that are necessary to promote, advertise, and further the sport of racing, or that may be necessary for the effective operation of interstate account wagering, including, without limitation, television production and telecommunications services. Such agreements are reviewed by the Racing Commission and may be denied. (7-1-24)

IDAPA 11.04.01.962 Out-of-State Providers

Any advance deposit wagering by an account holder with a provider outside of the State by telephone or other electronic means is illegal, unless that provider is licensed by the Racing Commission and provides a source market fee of not less than ten percent (10%) of the handle forwarded monthly to the Racing Commission.(7-1-24)

IDAPA 11.04.01.963 Residence Outside the State of Idaho

Requirements for the establishment and operation of accounts for individuals whose principle residence is outside of the state of Idaho must be set forth in the operation plan as stated in these rules.(7-1-24)

IDAPA 11.04.01.964 Establishing an Advanced Deposit Wagering Account

01.Establishing an Advanced Deposit Wagering Account.

The application for establishing an advanced deposit wagering account must be authorized in a manner acceptable to the Racing Commission and include the applicant's:(7-1-24)

a.Full legal name;(7-1-24)

b.Principal residence address;(7-1-24)

c.Telephone number of their permanent residence;(7-1-24)

d.Social security number; and(7-1-24)

e.Proper identification or certification demonstrating that the applicant is at least eighteen (18) years of age.(7-1-24)

02.Other Information. As needed, any other information required by the Racing Commission or the advance deposit operator.(7-1-24)

IDAPA 11.04.01.965 Account Information

Each application for an advance deposit wagering account may be subject to verification.(7-1-24)

IDAPA 11.04.01.966 (Reserved)

IDAPA 11.04.01.970 Identifying an Account Number

Each account must have a unique identifying account number . The identifying account number may be changed at any time by the advance deposit wagering operator provided the advance deposit wagering operator informs the account holder in writing prior to the change.(7-1-24)

01.Secure Personal Identification Code. The applicant must supply the advance deposit wagering operator with an alpha-numeric code to be used as a secure personal identification code when the account holder is placing an account wager. The account holder has the right to change this code at any time.(7-1-24)

02.Principle Residence. The principal residence address will be established by reliance on the information submitted on the application form provided and certified by the applicant.(7-1-24)

03.Upon Approval Account Holder Receives. The account holder will receive, at the time the account is approved:(7-1-24)

a.A unique account identification number;(7-1-24)

b.A copy of the advance deposit wagering rules and such other information and material that is pertinent to the operation of the account; and(7-1-24)

c.Such other information as the advance deposit wagering operator or Racing Commission may deem appropriate.(7-1-24)

04.Name of Natural Persons. The advance deposit wagering operator will accept accounts in the name of a natural person only.(7-1-24)

05.Nontransferable. The account is nontransferable between natural persons.(7-1-24)

IDAPA 11.04.01.971 Close or Refuse to Open an Account

The advance deposit wagering operator may close or refuse to open an account, for what it deems good and sufficient reason, and will order an account closed if it is determined that information that was used to open an account was false, or that the account has been used in violation of these rules.(7-1-24)

IDAPA 11.04.01.972 Account Holder Re

SPONSIBILITIES.

01.Personal Use Only.

Accounts are for the personal use of the account holder.(7-1-24)

02.Security. The account holder is responsible for maintaining the secrecy of the account number and secure personal identification code.(7-1-24)

03.Account Losses. Except where the advance deposit wagering center or its employees or agents act without good faith or fail to exercise ordinary care, the advance deposit wagering center is not be responsible for any loss arising from the use by any other person or persons of an account holder's account.(7-1-24)

04.Notification of Account Security Breach. The account holder must immediately notify the advance deposit wagering center of a breach of the account's security.(7-1-24)

IDAPA 11.04.01.973 Operation of an Account

01.Operator May Refuse Deposits.

The advance deposit wagering operator may refuse deposits to an account for what it deems good and sufficient reason.(7-1-24)

02.Operator May Suspend or Close Account. The advance deposit wagering operator may suspend or close any account at any time provided that within five (5) business days of closing the account the advance deposit wagering operator returns to the account holder all monies then on deposit by sending it to the principal residence address as listed on the application.(7-1-24)

IDAPA 11.04.01.974 Credits to an Account

After the initial establishment of an account, cre dits to an account may be made as follows:(7-1-24)

01.Deposits. Deposits to an account by an account holder must be made in the following forms:

a.Cash given to the staff of an advance deposit wagering operator;(7-1-24)

b.Personal or cashier check, or money order given or sent to an advance deposit wagering operator;

c.Charges made to an account holder's credit card or debit card upon the direct and personal instruction of the account holder. Such instructions may be given by telephone or any electronic device to the advance deposit wagering facility by the account holder if the use of the card has been approved by the advance deposit wagering operator; or(7-1-24)

d.Transfer by means of an electronic funds transfer from a monetary account controlled by an account holder to his account. The account holder is liable for any charges imposed by the transmitting or receiving entity with such charges to be deducted from the account.(7-1-24)

02.Credit for Winnings. Credit for winnings from wagers placed with funds in an account and credit for account wagers on entries that are scratched will be posted to the account by the advance deposit wagering operator.(7-1-24)

03.Accordance with Financial Institution. Checks, money orders and other negotiable instruments will be posted to the credit of the account holder in accordance with financial institution funds availability schedules.

IDAPA 11.04.01.975 Debits to an Account

01.Debits to an Account.

Debits to an account are made as follows:(7-1-24)

a.Upon receipt by the advance deposit wagering operator of an account wager, the advance deposit wagering center debits the account in the amount of the wager; or(7-1-24)

b.For fees for service or other transaction-related charges by the advance deposit wagering operator.

02.Account Withdrawals. An advance deposit wagering operator may authorize a withdrawal from an account when one (1) of the following exists:(7-1-24)

a.The account holder of an account appears personally at the advance deposit wagering operators location and provides the following:(7-1-24)

i.Proper identification;(7-1-24)

ii.The correct secure personal identification code; and(7-1-24)

iii.A properly completed and signed withdrawal slip.(7-1-24)

b.The account holder sends to the advance deposit wagering operator a properly completed and signed withdrawal slip by any means, electronic or otherwise.(7-1-24)

i.Upon receipt of a properly completed and signed withdrawal slip, and if there are sufficient funds in the account to cover the withdrawal, the advance deposit wagering operator must, within five (5) business days of its receipt, send a check to the account holder. The check is payable to the holder of the account and in the amount of the requested withdrawal.(7-1-24)

ii.If funds are not sufficient to cover the withdrawal, the account holder will be notified in writing and those funds in the account will be withdrawn and sent to the account holder within the five (5) business day time period. Electronic funds transfers may be used for withdrawals in lieu of a check at the discretion of the account holder and the advance deposit wagering operator subject to the same conditions described for electronic funds transfer credits.(7-1-24)

c.The advance deposit wagering operator may close accounts in which there has been no activity for at least six (6) months, returning funds remaining therein to the account holder at his principal residence address.

d.In the event an account holder is deceased, funds accrued in the account will be released to the decedent's legal representative upon receipt of a copy of a valid death certificate, tax releases or waivers, probate court authorizations or other documents required by applicable laws.(7-1-24)

IDAPA 11.04.01.976 (Reserved)

IDAPA 11.04.01.980 Wagers in Excess of Account Balance

The advance deposit wagering operator will not accept wagers from an account holder in an amount in excess of the account balance.(7-1-24)

IDAPA 11.04.01.981 Accounts Will Not Bear Any Interest

Monies deposited with the advance deposit wagering operator for advance deposit wagering must not bear any interest to the account holder.(7-1-24)

IDAPA 11.04.01.982 Payments on Winning Pari-Mutuel Wagers

Payments on winning pari-mutuel wagers and credits for account wagers on entries which are scratched must be posted to the credit of the account holder as soon as practicable after the race is declared official.(7-1-24)

IDAPA 11.04.01.983 Mailing Address

The principal residence address, provided in writing by the account holder at the time of application, is deemed to be the proper address for the purposes of mailing checks, statements of account, account withdrawals, notices, or other appropriate correspondence. The mailing of checks or other correspondence to the address given by the account holder is at the sole risk of the account holder.(7-1-24)

IDAPA 11.04.01.984 Powers of the Racing Commission to Review and Audit Records

The Racing Commission or its staff will be given access to all records and financial i nformation of the advance deposit wagering operator for review and audit. The Racing Commission may require that the advance deposit wagering operator annually submit to the Racing Commission audited financial statements of the advance deposit wagering system.(7-1-24)

IDAPA 11.04.01.985 Confidential Information

No confidential information related to the placing of any wager or to the operation of the advance deposit wagering center may be divulged by any employee or agent of the advance deposit wagering center, except, as required by these rules, to the account holder or the Racing Commission, or as otherwise required by state or federal law or regulation or rules of the Racing Commission.(7-1-24)

IDAPA 11.04.01.986 Applicable Laws, Rules, and Regulations

All advance deposit wagering operators must adhere to all ap plicable state and federal laws, rules, and regulations.

IDAPA 11.04.01.987 (Reserved)

11.03.01 Rules Governing Alcohol Testing

IDAPA 11.03.01.000 Legal Authority

The Director of the Idaho State Police has general rulemaking authority to prescribe rules and regul ations for alcohol testing, pursuant to Section 67-2901, Idaho Code.(3-23-22)

IDAPA 11.03.01.001 Scope

The rules relate to the governance and operation of the Alcohol Testing Program.(3-23-22)

IDAPA 11.03.01.002 Incorporation by Reference

The following are incorporated by reference in this chapter of rules:(3-23-22)

01.Conforming Products List of Evidential Breath Measurement Devices (revised 11/2/2017).

This document is available on the Internet at https://www.gpo.gov/fdsys/pkg/FR-2017-11-02/pdf/2017-23869.pdf.

IDAPA 11.03.01.003 (Reserved)

IDAPA 11.03.01.010 Definitions and Abbreviations

01.Alcohol.

The chemical compounds of ethyl alcohol, methyl alcohol, or isopropyl alcohol.

02.Alcohol Analysis. An analysis of breath, blood, or urine to determine the concentration of alcohol present.(7-1-25)

03.Breath Alcohol Test. A breath sample or series of separate breath samples provided during a breath testing sequence(s).(3-23-22)

04.Breath Testing Specialist (BTS). An operator who has completed advanced training approved by the department and are certified to perform routine instrument maintenance, teach instrument operation skills, proctor proficiency tests for instrument Operators, and testifying as an expert on alcohol physiology and instrument function in court.(3-23-22)

05.Calibration. A set of laboratory operations which establish under specified conditions, the relationship between values indicated by a measuring instrument or measuring system, or values represented by a material, and the corresponding known values of a measurement.(3-23-22)

06.Certificate of Analysis. A certificate stating the standards used for performance verification have been tested and approved for use by the ISPFS or are manufactured by an ISO 17025:2005, 17025:2017, (or equivalent standard) vendor and are traceable to N.I.S.T. standards.(3-23-22)

07.Certificate of Instrument Calibration. A certificate stating that an individual breath alcohol testing instrument has been evaluated by the ISPFS and found to be suitable for forensic alcohol testing. The certificate bears the signature of the calibration analyst at Idaho State Police Forensic Services, and the effective date of the instrument approval.(3-23-22)

08.Department. The Idaho State Police.(3-23-22)

09.Deprivation Period. A minimum time period of fifteen (15) minutes immediately prior to evidentiary breath alcohol testing during which the subject is not to be allowed to smoke, drink, or eat substances containing alcohol.(7-1-25)

10.Evidentiary Test. A blood, breath, or urine test performed on a subject for potential evidentiary or legal purposes. A distinction is made between evidentiary testing and non-quantitative screening/monitoring.

11.Idaho State Police Forensic Services (ISPFS). A division of the Idaho State Police. ISPFS is dedicated to providing forensic science services to the criminal justice system of Idaho. ISPFS is the administrative body for the alcohol testing programs in Idaho.(3-23-22)

12.Laboratory. The place at which specialized devices, instruments and methods are used by trained personnel to measure the concentration of alcohol in samples of blood, vitreous humor, urine, or beverages for law enforcement purposes.(3-23-22)

13. Monitoring Period. A minimum time period of fifteen (15) minutes immediately prior to evidentiary breath alcohol testing. The monitoring period consists of a mandatory deprivation period and discretionary observation period. The observation period becomes mandatory if the numeric results from only a single breath sample are used.(3-23-22)

14.Observation Period. The time period running concurrently with the deprivation period in which the officer(s) should be observing the subject, and any belch/burp/vomit/regurgitation should be noted by the operator(s). The officer(s) should be in a position, either physically or remotely, to be able to detect the aforementioned events.(7-1-25)

15.Operator Certification. Training requirements for administering breath alcohol tests as established by the department.(7-1-25)

16.Operator. An individual certified by the department as qualified after completion of Breath Test Operator or Breath Test Specialist training to administer breath alcohol tests.(7-1-25)

17.Performance Verification. Accuracy check of the breath testing instrument utilizing a performance verification standard, reported to three (3) decimal places. Synonymous with terms “calibration check” or “simulator check.”(7-1-25)

18.Performance Verification Standard. An ethyl alcohol standard used for field performance verifications. The standard is provided or approved, or both, by the department. (3-23-22)

19.Proficiency Testing. A periodic analysis to evaluate the capability of a laboratory to perform accurate analysis for alcohol concentration.(7-1-25)

20.Quality Control. An analysis of reference samples whose content is known to ensure that the laboratory’s determination of alcohol concentration is reproducible and accurate.(7-1-25)

21.Testing Sequence. A sequence of events as determined by the Idaho State Police Forensic Services, which may be directed by the instrument, the Operator, or both, and may consist of air blanks, performance verification, internal standard checks, and breath samples.(7-1-25)

IDAPA 11.03.01.011 (Reserved)

IDAPA 11.03.01.013 Requirements for Laboratory Alcohol Analysis

01.Laboratory.

Any laboratory desiring to perform urine alcohol, vitreous humor, blood alcohol, or beverage analysis shall meet the following standards:(3-23-22)

a.Prepare and maintain a written procedure governing its method of analysis, including guidelines for quality control and proficiency testing. A copy of the procedure shall be provided to ISPFS for initial approval.

Whenever procedure, protocol, or method changes (however named) are adopted by a laboratory, a copy of the update with the changes clearly indicated shall be approved by ISPFS before implementation;(3-23-22)

b.Provide adequate facilities and space for the procedure used. The laboratory alcohol related functions shall be subject to an assessment by either an accrediting body or the department each calendar year, and the results from the annual audit shall be submitted to the department. The assessment shall be at the expense of the laboratory;(3-23-22)

c.Maintain specimens in a limited access and secure storage area prior to analysis. A chain of custody shall be maintained while the evidence is in the laboratory;(3-23-22)

d.All instrumentation, equipment, reagents and glassware necessary for the performance of the chosen procedure shall be on hand or readily available on the laboratory premises. Instrument maintenance documentation shall be available for review by the department;(3-23-22)

e.Participate in approved proficiency testing according to standards set by the department.

Laboratories must pass proficiency testing from a department approved provider at least once a calendar year.

Approved providers include National Highway Traffic Safety Administration (NHTSA) and Collaborative Testing Services (CTS). Each test consists of at least four (4) blood samples spiked with an unknown concentration of ethyl alcohol, and possibly other volatiles, for qualitative determination. Participating laboratories are responsible for all costs associated with such tests. Results from proficiency tests must be submitted by the due date to the test provider and ISPFS. Results not submitted to a test provider within the allowed time do not qualify as a proficiency test. An alcohol concentration range is determined from the target value and ±3.0 standard deviations as provided by the proficiency test provider. Reported values must fall within this range. If a laboratory determines more than one (1) alcohol value for a given sample, the mean value of results will be submitted and evaluated. Upon satisfactory completion of an approved proficiency test, a certificate of approval will be issued by the department to the participating laboratory. Approval to perform legal blood alcohol determinations is continued until the results of the next proficiency test are reviewed and notification is sent to the respective laboratory by ISPFS. Failure to pass a proficiency test shall result in immediate suspension of testing by an analyst or laboratory in the form of a written inquiry from the department. The test is graded as unsuccessful when the mean results are outside the established tolerance range. The laboratory shall have thirty (30) calendar days to respond to the department inquiry. The department shall notify the laboratory within fourteen (14) calendar days regarding corrective action steps necessary to lift the testing suspension, or the department may issue a written revocation. The department shall not lift a proficiency testing related suspension or revocation until a successful proficiency test has been completed by the individual analyst or laboratory.(7-1-25)

f.Laboratory approval is awarded to the laboratory manager or analyst responsible for correct test performance. The department may suspend or revoke if requirements are not met. The department will issue the suspension or revocation in writing to the laboratory;(7-1-25)

02.Appeal. Reinstatement after revocation requires completed corrective action of any items listed on the revocation documentation issued by the department. Documentation of corrective actions taken to address the nonconformities shall be submitted to the department for review. Once the department is satisfied that the laboratory is in compliance with all requirements, the department will issue written approval for the resumption of testing by that laboratory or analyst. A laboratory may appeal a suspension or revocation to the Director of the department.

03.Blood Collection.

Blood collection shall be accomplished according to the following requirements:

04.Blood Samples. Shall be collected using sterile, dry syringes and hypodermic needles, or other equipment of equivalent sterility;(7-1-25)

a.The puncture area shall be disinfected with an aqueous nonvolatile antiseptic. Alcohol or phenolic solutions shall not be used as a skin antiseptic;(7-1-25)

b.Blood specimens shall contain at least ten (10) milligrams of sodium fluoride per cubic centimeter plus an anticoagulant.(7-1-25)

05.Blood Reported. Results of analysis for alcohol concentration shall be reported in units of grams of alcohol per one hundred (100) cubic centimeters of whole blood.(7-1-25)

06.Urine Collection. Urine samples shall be collected in clean, dry containers.(3-23-22)

7. Urine Reported. Results for alcohol concentration shall be reported in grams of alcohol per sixtyseven (67) milliliters, with a warning about the questionable value of urine alcohol results.(7-1-25)

08.Records. All records regarding proficiency tests, quality control and results shall be retained for three (3) years.(3-23-22)

IDAPA 11.03.01.014 Requirements for Performing Breath Alcohol Testing

01.Instruments.

Instrument models incorporated by reference in Section.02.01 of this rule shall be approved by the department. Each breath testing instrument must be certified by the department. The department may revoke instrument approval for cause.(7-1-25)

02.Report. Each direct breath testing instrument shall report alcohol concentration as grams of alcohol per two hundred ten (210) liters of breath.(3-23-22)

03.Administration. Breath tests must be administered by a certified operator and follow department standards. Standards shall be developed for each type of breath testing instrument used in Idaho, and such standards shall be issued in the form of Idaho administrative rules, ISPFS analytical methods, and ISPFS standard operating procedures.(7-1-25)

a.Prior to administering the monitoring period, any foreign objects/materials which have the potential to enter the instrument/breath tube or may present a choking hazard (e.g. gum, chewing tobacco, food) should be removed. (3-23-22)

b.The operator shall administer a monitoring period prior to evidentiary testing.(3-23-22)

c.If mouth alcohol is suspected or indicated by the testing instrument, the operator shall restart another fifteen (15) minute monitoring period if repeating the testing sequence. If during the monitoring period the subject/individual vomits or regurgitates material from the stomach into the breath pathway, the monitoring period should start over. If there is doubt as to the events occurring during the monitoring period, the operator should evaluate the instrument results for any indication of mouth alcohol.(7-1-25)

d.A complete breath alcohol test includes two (2) valid breath samples, preceded by air blanks, taken at least two (2) minutes apart. If the subject fails or refuses to provide two (2) adequate samples as requested by the operator, a single sample result shall be considered a valid test only if the observation period has been met. For hygienic reasons, the operator should use a new mouthpiece for each subject tested.(7-1-25)

e. Operators may end testing, repeat testing, or request a blood draw as needed. If a subject fails or refuses to provide adequate samples as requested by the operator, the results obtained are considered valid, provided the failure to supply the samples was the fault of the subject and not the operator.(7-1-25)

f.Additional breath samples shall, when possible, be collected if the results differ by more than zero point zero two (0.02) g/210L alcohol. Unless mouth alcohol is indicated or suspected, it is not necessary to repeat the monitoring period prior to obtaining additional breath samples.(7-1-25)

g.The breath sample results should correlate within zero point zero two (0.02) g/210L alcohol to show consistent sample delivery, indicate the absence of RFI, and to indicate the absence of alcohol contamination in the subject breath pathway as a contributing factor to the breath results.(7-1-25)

h.In the event of an instrument failure, the operator should attempt to utilize another instrument or have blood drawn.(3-23-22)

04.Training . Each operator shall successfully complete a training course approved by the department on each instrument model used. Operator certifications are valid for two (2) years from the course completion date.

The department may revoke certification for cause.(7-1-25)

05.Performance Verification Checks. Each instrument shall be checked for accuracy with an approved performance verification standard. Performance verification checks shall be performed and documented according to a procedure established by the department. The official time and date of the performance verification is the time and date recorded on the printout, or the time and date recorded in the log.(7-1-25)

a.A performance verification check shall occur within twenty-four (24) hours before or after an evidentiary test. For portable instruments, multiple breath alcohol tests may be covered by a single performance verification.(7-1-25)

b.A performance verification on a portable instrument consists of two (2) samples at either the zero point zero eight (0.08) or zero point two zero (0.20) level. Both samples must be run with the same performance verification standard. Three (3) attempts at obtaining an acceptable performance verification are allowed.

Troubleshooting measures may be employed during this process. If the verifications fail, the instrument shall be taken out of service and not be returned to service until it has been calibrated and certified by ISPFS.(7-1-25)

c.A performance verification acquired during a breath testing sequence on an approved benchtop instrument consists of one (1) sample at either the zero point zero eight (0.08) or zero point two zero (0.20) level. A performance verification acquired outside the breath testing sequence on an approved benchtop instrument consists of two (2) samples at either the zero point zero eight (0.08) or zero point two zero (0.20) level. Three (3) attempts at obtaining an acceptable performance verification are allowed. Troubleshooting measures may be employed during this process. If the verifications fail, the instrument must be taken out of service and not be returned to service until it has been calibrated and certified by ISPFS.(7-1-25)

d.Performance verification checks must be within +/- 10% of the standard’s target value.(7-1-25)

e.A wet bath zero point zero eight (0.08) standard should be replaced with fresh standard approximately every twenty-five (25) verifications or every calendar month, whichever comes first. Closed loop, recirculating system should replace standards approximately every one hundred (100) verifications or every calendar month, whichever comes first.(7-1-25)

f.Wet bath zero point two zero (0.20) standards should be replaced with fresh standard approximately every twenty-five (25) verifications.(7-1-25)

g.Dry gas standards may be used continuously until spent or expired.(7-1-25)

h.Standards should not be used beyond the expiration date.(7-1-25)

i.If Section 18-8004C, Idaho Code, is applicable, a zero point two zero (0.20) performance verification must be run and documented once per calendar month. Failure to perform this will not invalidate any tests where Section 18-8004C, Idaho Code, is not applicable. A zero point two zero (0.20) performance verification does not need to be performed within twenty-four (24) hours of a breath test in excess of zero point two zero (0.20) g/ 210L alcohol.(7-1-25)

j.Wet bath simulator temperature shall be between thirty-three point five degrees Celsius (33.5°C) and thirty-four point five degrees Celsius (34.5°C) for valid results.(7-1-25)

k.An agency may run additional performance verification levels at their discretion.(7-1-25)

06.Records. O perators must document and retain test results (i.e. written log, printout, or electronic database). and maintenance records for three (3) years. ISPFS is not responsible for storing non-ISPFS documentation.(7-1-25)

07.Deficiencies. Failure to meet conditions in Sections 013 and 014 may lead to disapproval of any laboratory or breath testing instrument until corrected.(7-1-25)

08.Standards. An approved standard shall be from a source, provider, or manufacturer of an approved standard and explicitly approved by the department. Standards from ISO 17034 (or equivalent) certified providers are approved without department evaluation.(7-1-25)

09.Minor in Possession or Minor in Consumption (MIP/MIC). Presence or absence of alcohol determines the evidence in MIP/MIC cases. The instrumentation used in obtaining the breath sample is often the same instrumentation utilized for acquiring DUI evidence. The different standard of evidence requires different standards for the procedure. The administration of a MIP/MIC breath test should follow Subsection 014.03 with the following exceptions:(7-1-25)

a.A fifteen (15) minute monitoring period is required before retesting if mouth alcohol is suspected.

b.The instrument used must be initially certified by ISPFS. The instrument does not need to be checked regularly or periodically with any of the zero point zero eight (0.08) or zero point two zero (0.20) standard.

c.The officer should have the individual being tested remove all loose foreign material from their mouth before testing. False teeth, partial plates, or bridges installed or prescribed by a dentist or physician do not need to be removed to obtain a valid test. The officer may allow the individual to briefly rinse their mouth out with water prior to the breath testing.(7-1-25)

d.A complete breath alcohol test includes two (2) valid breath samples preceded by an air blank taken at least two (2) minutes apart. A deficient or insufficient sample does not automatically invalidate a test sample. The operator should use a new mouthpiece for each individual.(7-1-25)

e.The operator should document results and/or retain printouts for possible use in court.(7-1-25)

f.The instrument must not be in passive mode for an evidentiary subject but should only be used for testing liquids for the presence of alcohol.(7-1-25)

g.The passive mode should be used for testing liquids for the presence or absence of alcohol.

IDAPA 11.03.01.015 (Reserved)

11.02.01 Rules of the Idaho State Brand Board

IDAPA 11.02.01.000 Legal Authority

These rules are adopted pursuant to Title 25, Chapters 11 and 33, Idaho Code.(3-15-22)

IDAPA 11.02.01.001 Scope

The rules relate to the governance and operation of the Idaho State Brand Board. These rules also provide for the issuance and administration of livestock dealer licenses, the collection of appropriate fees for licensure, the provision of requirements necessary for licensure.(3-15-22)

IDAPA 11.02.01.002 (Reserved)

IDAPA 11.02.01.005 Definitions

The definitions found in Sections 25-1101 and 25-3301, Idaho Code, also apply to these rules. Additionally, the following terms have the following definitions:(3-15-22)

01.Auction Brand Inspection Certificate. A brand inspection certificate issued to the new owner only from organized auction market sales. In addition to the information required of a brand inspection certificate by Section 25-1101, Idaho Code, the auction brand certificate must contain:(3-15-22)

a.The names and addresses of the buyer and/or new owner;(3-15-22)

b.The destination of the livestock for the new owner;(3-15-22)

c.The auction market name and location and the date of the sale;(3-15-22)

d.The number of livestock inspected in each category of animals as designated on the auction brand inspection certificate.(3-15-22)

e.The signature of either an Idaho brand inspector or a clerk.(3-15-22)

02.Auction Brand Inspection. A brand inspection made at an Idaho Auction market with a record made of such inspection on a tally sheet.(3-15-22)

03.Bar Brand. A horizontal elongation of a line placed either above, between or below the main part of a brand, causing the name of the brand to be read to include the bar.(3-15-22)

04.Bill of Sale. The formal instrument for transfer of title to livestock. A bill of sale must include the date of the sale, a description of the livestock sold, the name of the purchaser, and the signature of the seller.

05.Board. The Idaho State Brand Board.(3-15-22)

06.Brand Card. A wallet size card issued by the State Brand Inspector in a specific color for each brand renewal period, showing a drawing of the brand, the location of the brand, the name and address of each owner of the recorded brand.(3-15-22)

07.Brand Inspection. The physical examination of livestock by a brand inspector to determine ownership of the livestock. A brand inspection includes examination of proofs of ownership, including the visual examination of brands and marks.(3-15-22)

08.Courtesy Brand Inspection. An inventory of livestock requested by a financial institution or owner or a regulatory agency, shown on a tally sheet.(3-15-22)

09.Dash Brand. A horizontal elongation of a line placed either ahead of, between or behind the main part of a brand causing the name of the brand to be read to include the dash.(3-15-22)

10.Destination. The place where the livestock are to be transported.(3-15-22)

11.DOT Brands. A brand that is a spot or blotch brand that is unreadable.(3-15-22)

12.Field Brand Inspection Certificate. A brand inspection certificate issued following a field brand inspection. In addition to the information required of a brand inspection certificate by Section 25-1101, Idaho Code, the field brand certificate must contain:(3-15-22)

a.Names and address of the owner, seller, buyer and new owner;(3-15-22)

b.The location where the brand inspection was made;(3-15-22)

c.The date of the inspection;(3-15-22)

d.The destination of the livestock designated by the new owner;(3-15-22)

e.The number of livestock inspected on the field brand inspection certificate;(3-15-22)

f.The brand inspection fees paid by the owner/seller; and(3-15-22)

g.The signature of the owner/seller or his agent and an Idaho brand inspector.(3-15-22)

13.Field Brand Inspection. A brand inspection made for livestock other than those sold at an auction market.(3-15-22)

14.Hold Order. A written order issued by an Idaho Brand Inspector, requiring an auction market, slaughter plant or feed lot to retain either livestock or the proceeds from the sale of livestock until a release order is filed by a brand inspector.(3-15-22)

15.Idaho Livestock Owner. A livestock owner who owns real property in the state of Idaho, and uses such property to feed, pasture or otherwise hold livestock for at least four (4) consecutive months each year.

16.Lifetime Certificate. An ownership and transportation certificate.(3-15-22)

17.Ownership and Transportation Certificate. A certificate issued pursuant to Section 25-1122, Idaho Code, that permits a horse owner to transport horses in Idaho or nationwide, for any purpose except for sale or trade.(3-15-22)

18.Release Order. A written order issued by an Idaho Brand inspector that clears a release on a hold order of livestock or the proceeds from a sale of livestock.(3-15-22)

19.Representative of a Licensee (“Representative”). Any full time employee, agent, or other person who buys, receives, sells, or assembles livestock for resale on behalf of a licensed livestock dealer.(3-15-22)

20.Tally Sheet. A document containing a list of all livestock inspected at an auction market or courtesy brand inspection, which must include a listing of all livestock inspected. The tally sheet must indicate the name of the owner, the brands or brand inspection certificates on the animals, and the number of livestock inspected.

The name of the owner must be either the name under which the brand is recorded or the name of the new owner as shown on the brand inspection certificate.(3-15-22)

IDAPA 11.02.01.006 (Reserved)

IDAPA 11.02.01.011 Recording, Use and Placement of Brands

01.Recording and Use of Brands.

a.All brands must be recorded with the State Brand Inspector.(3-15-22)

b.No person may brand livestock with an unrecorded brand.(3-15-22)

c.No person may use any brand registered to any other person.(3-15-22)

d.No person may lease a brand to any other person.(3-15-22)

02.Recording Procedures.(3-15-22)

a.Any person desiring to record a brand in the state of Idaho must submit an application and fee to the State Brand Inspector. If the State Brand Inspector finds that the proposed brand does not conflict with any presently recorded brand, the State Brand inspector must record the proposed brand.(3-15-22)

b.Upon recording of the brand, the State Brand Inspector issues a certificate of recorded brand and a brand card to each owner of the brand. The brand card will be recognized by all brand inspectors as proof that the brand indicated thereon has been properly registered.(3-15-22)

c.A brand may be recorded in more than one name, subject to space limitations on the brand card.

d.The Board has a staggered brand renewal system that records a new brand on a five (5) year cycle determined by first initial of the applicant's last name.(3-15-22)

03.Brands Acceptable for Recording.(3-15-22)

a.Dash brands and bar brands must be at least two (2) inches long and slashes at least four (4) inches long.(3-15-22)

b.Recorded brands appearing on the neck, horns, hooves or jaw of livestock, or on any other location not expressly included within the definition of “brand” in Section 25-1101, Idaho Code, may not be recorded and are not relevant for identification.(3-15-22)

c.Markings made on the necks of equine animals made pursuant to the “International Horse Identification System,” otherwise known as the “Angle Numerical System,” U.S. Patent Number 3633584 may not be recorded as brands, but may be recognized for identification purposes.(3-15-22)

d.A vertical arrangement of numbers in groups of two (2) or more made by freeze or hot iron branding for the purpose of individual identification of cattle must be preceded with the oval cipher “o” and must be placed on the shoulder, rib or hip. Such numbers may not be recorded as brands, but may be recognized for identification purposes. Said animals are also to be branded with an Idaho recorded ownership brand.(3-15-22)

e.Lip Tattoos may not be recorded as brands, but may be recognized for identification purposes.

f.Wattles, earmarks, dewlaps or ear tags may not be recorded as brands, but may be recognized for identification purposes.(3-15-22)

g.No new DOT brands will be recorded. Existing DOT brands will be grandfathered in to the official brand records.(3-15-22)

04.Renewal of Brands.(3-15-22)

a.A brand may be renewed by making application and submitting the renewal fee to the Board.

b.A minimum of two (2) new brand cards will be issued to the recorded owner(s) upon renewal.

05.Transfer of Recorded Brands.(3-15-22)

a.Brands must be transferred whenever sold or otherwise transferred to a new owner; or whenever persons are added to or deleted from the list of owners of a particular recorded brand.(3-15-22)

b.A transfer fee will be charged; provided, however, if the change is made on or before July 1 of the renewal year, no fee will be charged whenever one (1) or more new owners are added to or deleted from the recorded brand; or whenever the brand is transferred to a corporation, the stockholders of which are the same persons who were the owners of the brand.(3-15-22)

c.If any owner of a recorded brand is deceased, the personal representative for the estate of the deceased person must file with the State Brand Inspector a certified copy of the court order showing his appointment.

The personal representative may thereafter transfer the ownership interests of the deceased person in the brand.

Alternatively, where no personal representative has been appointed, the surviving spouse of the owner of a recorded brand may submit a certified copy of a death certificate to effectuate transfer of the brand.(3-15-22)

d.A brand inspection of the livestock must occur prior to the transfer of the recorded brand pursuant to Subsection 019.01.d.(3-15-22)

06.Conflicts Between Brands. The State Brand Inspector may, at any time after recording, cancel any brand that infringes upon any previously recorded brand. Notice of cancellation of the brand will be mailed to the owners of the brand. The owners have thirty-five (35) days from the date indicated on the postmark of the notice to appeal the decision to the Board.(3-15-22)

IDAPA 11.02.01.012 (Reserved)

IDAPA 11.02.01.015 Brand Alternatives

01.Identification. Identification marks , devices or documents issued by the state brand inspector as an alternative to permanent marks may be used for each animal. Documents acceptable as an alternative to a permanent brand must be approved by the State Brand Inspector and are as follows:(3-15-22)

a.Lifetime Ownership and Transportation certificate for horses, mules and asses. Such certificate must show pictures of two (2) side views, including registration numbers where appropriate.(3-15-22)

b.Purebred registration papers for cattle used for breeding or show purposes.(3-15-22)

c.Any other form of positive identification requested to be used by a livestock owner.(3-15-22)

IDAPA 11.02.01.016 Branding of Sheep

Brands for sheep may be recorded in the same manner and for the same fee as other recorded brands. Sheep brands must comply with Section 25-1142, Idaho Code.(3-15-22)

IDAPA 11.02.01.017 (Reserved)

IDAPA 11.02.01.019 Brand Inspections

01.Owners. O wners of livestock must obtain a brand inspection in any of the following situations:

a.When ownership of livestock changes in any manner;(3-15-22)

b.When livestock are to be moved out of the state within ninety-six (96) hours, unless the transportation of the livestock is covered by an ownership and transportation certificate or an annual inspection certificate;(3-15-22)

c.When livestock are to be slaughtered within ninety-six (96) hours;(3-15-22)

d.When a recorded brand is sold or transferred to a new owner, except that no brand inspection is required if no livestock carry the brand that is to be transferred; or the transfer involves the addition or deletion of owners to the recorded brand as provided in Subsection 011.05.b.; or when brand owners incorporate as provided in Subsection 011.05.b.(3-15-22)

02.General Procedures.(3-15-22)

a.Brand inspectors will be available upon request to inspect livestock during the normal daylight working hours. At least twenty-four (24) hours notice should be given to the brand inspector. Brand inspections should be performed at the point of origin of the livestock, unless otherwise approved by the State Brand Inspector or District Brand Supervisor. Requested brand inspections may be made in the nighttime by artificial light only with the expressed consent of the State Brand Inspector or the district brand supervisor.(3-15-22)

b.The livestock to be inspected should be gathered and ready for inspection prior to the arrival of the Brand Inspector. Brand inspectors are not responsible for gathering livestock to be inspected.(3-15-22)

c.The brand inspector must notify any owner of stray livestock found during the brand inspection process. If the owner of the stray animals cannot be found, the strays are sold pursuant to the estray statutes, Title 25, Chapter 23, Idaho Code.(3-15-22)

d.Upon change of ownership of livestock, any previous brand inspection certificate must be surrendered to the brand inspector.(3-15-22)

03.Proof of Ownership.(3-15-22)

a.The livestock owner must maintain proof of ownership of this livestock by branding them and/or by keeping brand inspection certificates. Proof of ownership of livestock may be established by:(3-15-22)

i.The animals being branded with its owner’s recorded brand.(3-15-22)

ii.A brand inspection certificate, issued by Idaho or another state.(3-15-22)

iii.An ownership and transportation certificate, or by an ownership and transportation certificate issued by another state (applies only to horses, mules or asses).(3-15-22)

iv.A bill of sale, providing that the brand inspection takes place within ten (10) days of the purchase and the brand inspector can be reasonably assured that the bill of sale is valid. Bills of sale may be issued in livestock transactions but do not replace a brand inspection certificate.(3-15-22)

b.Fresh brands on livestock bearing older brands, may or may not be accepted at the discretion of the State Brand Inspector or District Brand Supervisor as proof of ownership unless accompanied by a brand inspection certificate or a bill of sale covering the older brands as provided for in Subsection 019.03.a.iv. above. The State Brand Inspector may inquire into the ownership of all livestock bearing two (2) or more brands.(3-15-22)

c.If the inspector finds that the livestock brands are not owned by the person claiming the same, such person is required to produce a bill of sale or other satisfactory evidence of ownership.(3-15-22)

04.Fees. The fees for any brand inspection are as provided in Subsection 034.01, except that livestock owned by an Idaho livestock owner, bearing an Idaho recorded brand, leaving the state of Idaho for grazing purposes onl y and that will return to the state at a later date, will be inspected at a rate of one-half (1/2) of the regular per head inspection fee.(3-15-22)

IDAPA 11.02.01.020 Baby Calves – Owner Inspection

01.General Requirements for Baby Calf Inspection. Baby calves that are ten (10) days or less old, may be sold within the state of Idaho, by their owner or the owner’s agent, without a state brand inspection established in the provisions of Section 019, under the following conditions:(3-15-22)

a.The baby calf must have been given birth to by a cow that the owner of the baby calf owned at the time of the baby calf’s birth;(3-15-22)

b.The owner of the baby calf, or the owner’s agent, must inspect the baby calf;(3-15-22)

c.The owner of the baby calf, or the owner’s agent, must maintain an accurate baby calf sales report, that establishes proof of ownership and transfer of any baby calves;(3-15-22)

d.The completed baby calf sales report must fully and accurately set forth the names and addresses of the owner and the buyer and be signed by both the owner or the owner’s agent and the buyer and must be made available to a Brand Inspector upon request;(3-15-22)

e.At the time of the owner inspection, the baby calf must have no brand or have the owner’s brand;

f.Conditions of Baby Calf Inspections by owner contained here do not apply to baby calves sold at public livestock markets, slaughter plants, or circumstances that require a brand inspection for baby calves leaving the state of Idaho.(3-15-22)

02.Inspection of Calves Eleven Days or More Old. Any calf eleven (11) days old or older must be inspected pursuant to Section 019 whenever an inspection is required.(3-15-22)

IDAPA 11.02.01.021 Annual Brand Inspection Certificate

01.Certificates.

Annual brand inspection certificates for livestock may be used to transport livestock or for any purpose other than for the purpose of slaughter, sale or trade.(3-15-22)

02.Annual Brand Inspection Form Also Known as “Seasonal.” Annual brand inspection certificates will expire zero (0) to twelve (12) months from the date of issue as determined by the Brand Inspector and contain the breed, color, sex, markings, brands and location thereof, breed registry number if appropriate, and any other information that distinguishes the animal or animals for which the certificate is issued.(3-15-22)

03.Annual Inspection. Subsection 030.01 which requires that livestock be transported out of the state within ninety-six (96) hours of the brand inspection of the livestock, does not apply to annual inspections. (3-15-22)

04.Agreements. The State Brand Inspector is authorized to enter into reciprocal agreements with brand authorities in adjacent states to allow livestock to move between the two states using the annual brand inspection issued in the home state.(3-15-22)

05.Fee. The fee for an annual brand inspection certificate is provided in Subsection 034.01. (3-15-22)

IDAPA 11.02.01.022 Lifetime Ownership and Transportation Certificates

01.Owner.

Any owner of a horse, mule or ass may request a lifetime ownership and transportation certificate by contacting a brand inspector.(3-15-22)

02.Detain. In the event that a brand inspector or other law enforcement officer finds a person who is not the owner of an animal in possession of both the animal and the lifetime ownership and transportation certificate, the brand inspector or other law enforcement officer may detain the animal for a sufficient period of time to determine the validity of the non-owner’s possession of such animal. Any expenses caused by the detention are paid by the person in possession of the animal and certificate, or by the actual owner of the animal.(3-15-22)

03.Nationwide. Lifetime ownership and transportation certificates issued under Section 25-1122, Idaho Code, may be used nationwide for transportation of horses, mules and asses.(3-15-22)

04.Validity. Lifetime ownership and transportation certificates for any horse, mule or ass is valid so long as the animal remains within the ownership of the person to whom the certificate was issued. The lifetime ownership and transportation certificate is not transferable.(3-15-22)

IDAPA 11.02.01.023 (Reserved)

IDAPA 11.02.01.030 Transportation of Livestock

01.Out-of-State.

Any person transporting livestock out of the state of Idaho must obtain a brand inspection before the animals leave the state, as provided by Section 25-1121, Idaho Code. The brand inspection must be obtained no more than ninety-six (96) hours prior to the transport of the livestock out of the state. Provided, however, that a brand inspection is not required if the livestock are accompanied by either of the following documents:(3-15-22)

a.The Idaho lifetime ownership and transportation certificate described in Section 022, which may be used by the owner to transport horses, mules or asses nationwide; and(3-15-22)

b.The annual inspection certificate described in Section 021, which may be used to transport livestock out of the state of Idaho.(3-15-22)

02.In-State. Livestock may be transported intrastate as follows:(3-15-22)

a.Persons in possession of their brand cards may transport their livestock marked with the brand shown on the card any place within the state of Idaho without obtaining a brand inspection.(3-15-22)

b.In those instances where the livestock have been purchased, and such livestock does not carry a brand or if the livestock carry the brand of the previous owner, the blue copy of the field brand inspection certificate or auction brand inspection certificate issued to the present owner may be used to transport the livestock within Idaho.(3-15-22)

c.By written ownership transportation permit, pursuant to Section 25-1101, Idaho Code.(3-15-22)

IDAPA 11.02.01.031 Idaho Livestock Moving to Pasture Out of State

Livestock owned by an Idaho livestock owner, bearing an Idaho recorded bra nd, leaving the state of Idaho for grazing or pasture purposes only, and to be returned to the state of Idaho at a later date, will be inspected by an Idaho brand inspector at one-half (1/2) of the regular per head inspection fee, provided that if the State Brand Inspector determines an inspection fee is not necessary, he may issue a brand inspection without charge. Livestock leaving the state of Idaho for pasture purposes, which are not to be returned to the state of Idaho by their owner, will be charged the regular inspection fee and additional fees provided in Subsection 034.01.(3-15-22)

IDAPA 11.02.01.032 Livestock Auction Sales

01.General. Liv estock auction sales include all public livestock markets chartered by law, dispersal sales of livestock subject to brand inspection, and sales of livestock by an association of breeders subject to brand inspection where livestock are physically sold to the highest bidder.(3-15-22)

02.Other Groups. Sales of livestock at county fairs within the state involving Future Farmers of America (FFA) and 4-H groups are not auction sales for the purpose of charging and collecting the minimum brand inspection fee in Subsection 034.01.(3-15-22)

03.Fee. The minimum brand inspection fee will be charged and collected at all auction sales described in this rule. The fee must be paid by the livestock auction sale, whether or not the inspection fees received from the owners of livestock inspected equals the minimum fee. If the fees paid by the owners of livestock inspected at the sale, as shown as to number of head on the brand inspector’s auction tally sheet, exceed the minimum fee, the actual amount of fees collected by the auction operator must be paid, rather than the minimum amount.(3-15-22)

IDAPA 11.02.01.033 Brand Inspections at Slaughter Plants and Mobile Slaughter Units

01.Notification.

All livestock slaughtering plants and mobile slaughtering units must notify the local brand inspector in advance of any livestock slaughtering operation. Brand inspection of the animals to be slaughtered must be accomplished not more than ninety-six (96) hours prior to slaughtering, whether for commercial purposes or for the owner’s immediate family needs.(3-15-22)

02.Records. Such slaughtering operations must keep accurate records indicating the number of animals slaughtered, the source of the animals, ownership and the brands on such animals. Such records must be available for inspection by the brand inspector during regular business hours.(3-15-22)

03.Record of Ownership. In the event no brand inspector is available for inspection prior to slaughter of livestock, the owner of such livestock and the persons slaughtering the livestock must complete a record of ownership. Such record must be retained by the person who slaughtered the animal(s) until it may be submitted to the brand inspector.(3-15-22)

04.Collection. In situations when a brand inspector cannot be present before the time of slaughter, slaughter plants and mobile slaughter units must collect the brand inspection fees for each animal slaughtered and remit the same to the brand inspector.(3-15-22)

05.Inspection. All slaughter plants and mobile slaughter units must permit a brand inspector to inspect the hides removed from slaughtered livestock. The hides must be kept for ten (10) days.(3-15-22)

IDAPA 11.02.01.034 Schedule of Fees

01.Due and Payable.

All brand inspection fees, and all other fees required to be collected by the Brand Inspector are due and payable at the time of inspection, except that livestock owners may make arrangements with a deputy brand inspector and approved by the state brand inspector to pay for all accumulated brand inspection fees to be paid at least monthly. Failure to comply with the payment arrangement makes all fees immediately due and payable.(3-15-22)

02.Minimum Fees. Feedlots, currently approved by the Idaho Department of Agriculture, and slaughter plants are exempt from the minimum brand inspection fee. Other minimum brand inspection fees may be waived at the discretion of the State Brand Inspector or District Brand Supervisor.(3-15-22)

IDAPA 11.02.01.035 (Reserved)

IDAPA 11.02.01.040 Claims for Funds or Livestock Subject to a Hold Order

01.Claim.

Any person claiming to be the owner of any animal sold under Section 25-1174, Idaho Code, may claim the proceeds of the sale by filing a written and verified claim for such proceeds together with any supporting documents with the State Brand Inspector with the following information:(3-15-22)

a.The name and address of the claimant;(3-15-22)

b.A short, plain statement of the matters asserted in the claim, including but not limited to: facts as to ownership, a description of the animal including brands and marks, the location of the animals when they were last in the possession of the claimant, and any other pertinent facts tending to establish the claim;(3-15-22)

c.A claim for the proceeds, or portion of the proceeds, of the sale;(3-15-22)

d.Names and addresses, if known, of any other potential claimants to the funds; and(3-15-22)

e.A request for a hearing, if desired.(3-15-22)

02.More Than One Claimant. Where there is more than one (1) claimant, each claimant must serve a complete copy of his claims upon the other claimants to the funds.(3-15-22)

03.Investigation. The State Brand Inspector will then investigate the matter and will determine whether the claimants can stipulate to the disposition of the funds. If a stipulation is reached, the State Brand Inspector or Deputy Brand Inspector will issue a release order on the livestock or the funds in accordance with the stipulation.(3-15-22)

04.Hearing. In the event that a stipulation is not possible, or where a claimant has requested in writing that a hearing be held, a hearing will be held by the State Brand Inspector, after giving thirty (30) days notice to all claimants.(3-15-22)

IDAPA 11.02.01.041 (Reserved)

SUBCHAPTER B – IDAHO LIVESTOCK DEALER LICENSING

IDAPA 11.02.01.100 Application Fees

01.Annual Fees.

The annual fees cover the period from July 1 to June 30 of the next year.(3-15-22)

IDAPA 11.02.01.101 Financial Information

Financial information must be filed with an application and sh ow the gross amount of livestock purchases for the previous year.(3-15-22)

IDAPA 11.02.01.102 Livestock Dealer Bonds

A surety bond must be filed to support the application for a livestock dealer license as follows:(3-15-22) 01.

Bond. File a bond from an Idaho surety or Packers and Stockyards U.S.D.A. in the amount required under “Coverage” shown herein.(3-15-22)

a. Coverage. To compute the required amount of bond coverage, divide the total dollar value of livestock purchased in Idaho during the preceding year, by one-half the number of days on which business was conducted. The number of days in any business year, for the purpose of this rule is two hundred sixty (260).

Therefore, the divisor is one hundred thirty (130). The amount of bond coverage must be the next multiple of five thousand dollars ($5,000) above the amount so determined. When the computation exceeds seventy-five thousand dollars ($75,000) the amount of bond coverage need not exceed seventy-five thousand dollars ($75,000) plus ten percent (10%) of the excess over seventy-five thousand dollars ($75,000), raised to the next five thousand dollars ($5,000) multiple. In no case shall the amount of bond coverage be less than ten thousand dollars ($10,000).

b.Evidence. Provide evidence of an Idaho surety or bond filed with the Packers and Stockyards U.S.D.A in the amount required.(3-15-22)

IDAPA 11.02.01.103 Application for Representatives of a Licensed Livestock Dealer

A representative may only represent one (1) licensed livestock dealer at any one time. If an individual desires to act on behalf of more than one (1) dealer, he must apply for a regular livestock dealer license. The licensed livestock dealer who sponsors the applicant must sign and approve the application as well as agree to cover this representative under the dealer’s bond. Upon approval of the application for a livestock dealer’s license, the State Brand Inspector will issue a card to the licensed livestock dealer and representative(s).(3-15-22)

IDAPA 11.02.01.104 (Reserved)

IDAPA 11.02.01.105 Notification Required

A licensee must notify the Board within two (2) days of cancellation of a bond af fecting the license of the livestock dealer or termination of a licensed representative.(3-15-22)

IDAPA 11.02.01.106 Brand Inspector to Require

DEALER LICENSE NUMBER.

Each licensed livestock dealer and each representative shall provide a livestock dealer license number at the time a brand inspection is made for cattle, horses, mules or asses. The name of the licensed livestock dealer or representative together with the appropriate certificate or card number will be placed on the brand inspection certificate in the space for the “buyer.”(3-15-22)

IDAPA 11.02.01.107 Out of State Buyers

01.Application.

A livestock dealer who resides outside the state of Idaho may operate as a livestock dealer or representative within the state of Idaho by filing a proper application for an Idaho livestock dealer’s license by complying with the bond requirements and receive a certificate authorizing such out of state livestock dealer to purchase livestock within the state of Idaho.(3-15-22)

02.Applicability. These rules apply to any livestock dealer purchasing livestock within the state of Idaho, whether or not such livestock as a destination within or outside the state of Idaho.(3-15-22)

IDAPA 11.02.01.108 (Reserved)

11.05.01 Rules Governing Alcohol Beverage Control

IDAPA 11.05.01.000 Legal Authority

Sections 23-932, 23-946(b), 23-1330 and 23-1408, Idaho Code.(7-1-25)

IDAPA 11.05.01.001 Scope

The rules relate to the governance and operation of Alcohol Beverage Control (hereafter, ABC). Unless a specific reference herein limits application of a rule to a particular kind of alcoholic beverage, these rules apply to and implement Idaho Code Sections for liquor (Title 23, Chapter 9, Idaho Code), beer (Title 23, Chapter 10, Idaho Code), and wine (Title 23, Chapter 13, Idaho Code).(7-1-25)

IDAPA 11.05.01.002 (Reserved)

IDAPA 11.05.01.010 Definitions

In addition to the applicable definitions found in Secti ons 23-902, 23-942, 23-1001, and 23-1303, Idaho Code, the following apply:(7-1-25)

01.Actual Use. The Actual Use of a liquor license by a licensee requires that the premises be open for business to the public and advertised to the public for regular scheduled availability of the sale, service, and dispensing of alcoholic beverages including liquor by the drink on a weekly basis, at least three (3) days or twentyfour (24) hours per week. The licensee is required to notify ABC within fifteen (15) days of any reduction of the regular scheduled day(s) and time(s) due to construction or refurbishment.(7-1-26)

02.Business. Business means any operation to carry out the normal day to day activities to exercise the privilege of holding a liquor license and operating a premises, for purposes of Section 23-903, Idaho Code. (7-1-25)

03.Multipurpose Arena Facility. For purposes of Section 23-944(3), Idaho Code, a Multipurpose Arena Facility is a publicly or privately owned or operated arena, coliseum, stadium, or other facility where sporting events, concerts, live entertainment, community events, and other functions are presented for a ticketed price of admission or one whose premises are leased for private events such as receptions.(7-1-25)

04.Owner. An owner as stated in Section 23-903 subsections 16-18, Idaho Code, may hold the privilege to a license as between that person and the state of Idaho, and is subject to the qualifications and restrictions contained in Idaho Code Chapters 9, 10 and 13 of Title 23.(7-1-25)

05.Partition. A partition, as used in Section 23-944 Idaho Code, is defined as a structure separating the place from the remainder of the premises.(7-1-25)

06.Stock Transfer. For the purposes of Section 23-908, Idaho Code, the sale or exchange of stock in a closely held corporation holding a license is deemed a transfer of the license. However, the sale or exchange of shares in a family corporation among family members, is not a transfer.(3-23-22)

07.Transfer. Any change to a person as defined in Section 23-902(13), Idaho Code, who owns, operates, or leases an alcohol beverage license as a privilege granted by ABC except the transfer conditions set forth in Section 23-903(16), Idaho Code. For purposes of Sections 23-903(16)(d) and (e), Idaho Code, other than the “onetime-only transfer” where referenced, transfer means sale of the license.(7-1-25)

IDAPA 11.05.01.011 General Provisions

01.Delegation of Authority to License Alcoholic Beverages.

The Director hereby delegates his authority for alcohol beverage licensing as defined in Title 23, Chapters 9, 10, and 13, Idaho Code, to the Alcohol Beverage Control Bureau, Idaho State Police pursuant to Section 67-2901(4), Idaho Code.(7-1-25)

02.Restaurant Licensure Requirements. In order to receive a license under these rules and Chapter 9, Title 23, a Restaurant must:(7-1-25)

a.Have a dining room, kitchen, and cooking facilities for the preparation of food; and(7-1-25)

b.Demonstrate to the satisfaction of the Director:(7-1-25)

i.An established menu identifying individually priced meals;(7-1-25)

ii.Food service and preparation occurs on the premises;(7-1-25)

iii.Stoves, ovens, refrigeration equipment or such other equipment commonly found in restaurants are located on the premises; and(7-1-25)

iv.Through appropriate business records, that the establishment is advertised and held out to the public as primarily a food-eating establishment, or that at least forty percent (40%) of the establishment’s consumable purchases are derived from purchases of food and non-alcoholic beverages.(7-1-26)

03.Premises Loss, License Display, and Actual Use Requirement.(7-1-25)

a.In the event of loss or move of the physical licensed premises, or reversion under Section 23- 903(17), Idaho Code, a licensee has one hundred eighty (180) days to secure and occupy a new premises in which to display the license. An additional sixty (60) days may be granted by ABC, upon petition by the license holder.

b.All licenses must be prominently displayed in suitable premises and remain in Actual Use.

04.Notification of Renewals and Administrative Actions. For the purposes of Section 23- 903(18)(e), Idaho Code, the owner and lessee must each include in the lease agreement a primary email contact to which the renewal notice, filings, and payment of administrative actions will be sent. It is the responsibility of the owner and lessee to notify ABC of any change in contact information.(7-1-25)

05.Controlled Access to Minors. Access through any premises will be controlled to prevent minors from entering the place:(7-1-25)

a.Except for a one (1) room restaurant without a barrier or partition, rooms must be separated by a permanently fixed partition no less than six (6) feet in height;(7-1-25)

b.Exterior portions of a premises must be constructed in a manner that prevents loitering or access by a minor and must be in compliance with local ordinances;(7-1-25)

c.Partitions must be constructed of such material designed to prevent alcohol beverages from being passed over, under, or through the partition; and(7-1-25)

d. Approved by the Director.(7-1-25)

06.Multipurpose Arena Facility Licensure Requirements. A Multipurpose Arena Facility must renew the endorsement annually on the alcohol beverage license. To receive a multipurpose arena endorsement under these rules, the facility must:(7-1-25)

a.Have adequate food available based on the anticipated crowd size for purchase during events during the time alcohol is available for sale; and(7-1-26)

b.Submit with the application an operating/security plan to ABC and the local law enforcement agency for review and approval. Once approved, the plan remains in effect until the licensee requests a change or ABC determines that a change is necessary due to demonstrated problems or conditions not previously considered or addressed in the original plan. The plan must contain the following elements:(7-1-25)

i.How the licensee will prevent the sale and service of alcohol to persons under twenty-one (21) years of age and those who appear to be intoxicated;(7-1-25)

ii.Alcohol server training provided to staff who serve dispense, or supervise the service and consumption of alcohol;(7-1-26)

iii.A description of event types to be held in the facility; and(7-1-26)

c.ABC may restrict the type of events at the facility at which beer, wine, and liquor by the drink may be served.(7-1-25)

d.ABC will consider the seating accommodations, dining, operational plans, and other amenities available at the facility prior to endorsement.(7-1-25)

e.Prior to the first of each month, the licensee must provide a schedule of events for the upcoming month to ABC and local law enforcement showing the date and time of any events where alcohol service is planned.

The licensee must notify ABC and local law enforcement at least twenty-four (24) hours in advance of any events where alcohol service is planned but was not included in the monthly schedule.(7-1-25)

f.For those premises only operating as a venue that leases or rents its facility for private events, such as weddings, receptions, or other events defined in Section 23-902 (12), Idaho Code, the monthly schedule of events and updates necessary under Paragraph 011.06.e. are not required to be submitted.(7-1-26)

g.When the facility ceases to meet the qualifications of the endorsement, Sections 23-943 and 23-945 Idaho Code, apply. The licensee shall advise ABC that facility no longer constitutes a Multipurpose Arena. (7-1-25)

07.Product Replacement. Any beer or wine products removed from the licensed retailer’s premises by a wholesaler/distributor for quality control or public health are not considered to be a violation of Section 23-1033 or 23-1325, Idaho Code.(7-1-25)

IDAPA 11.05.01.012 Transfer of Alcoholic Beverage Licenses

01.Events Not Implicating the One T ransfer Law Restriction. When any of the events occur pursuant to Sections 23-908(5)(a), (b), (d), and (e), 23-903(16-18), Idaho Code, a person must apply with ABC pursuant to Section 23-905, Idaho Code, within sixty (60) days.(7-1-25)

a.The owner must give written notice to the agency within thirty (30) days of the termination of the license lease per Section 23-903(17), Idaho Code.(7-1-25)

b.Any licensee that elects to apply the provisions of Section 23-903(18), Idaho Code, must notify ABC of such declaration via the lease agreement submitted with the application for transfer to the lessee.(7-1-25)

02.Transfer Fees if Applicable. Options to purchase an incorporated city liquor license shall submit the required transfer fee when the application to transfer occurs. A refund may be requested if the option to purchase is not exercised at the end of the term.(7-1-25)

03.Authorization to Transfer. Any person applying to renew or transfer an alcohol beverage license who was not the licensee at the applicable premises for the preceding year, must submit with the application to renew or transfer, a written Affidavit of Release of License form signed by the current licensee.(7-1-25)

04.Temporary Permits. When application for transfer of an alcoholic beverage license has been made, the Alcohol Beverage Control Bureau, in its discretion, may authorize issuance of a temporary permit during the review of the application, during which time the applicant for transfer may conduct business as a temporary permit holder. The permit holder must comply with pertinent statutes and rules. Any sanctions are the responsibility of the permit holder. Acceptance of the permit constitutes a waiver of any defenses by the permit holder. The permit holder is not a licensee, and is not entitled to administrative due process. The Alcohol Beverage Control Bureau may withdraw a temporary permit at any time without hearing or notice.(7-1-25)

05.Maintenance of Keg Receipts. Licensees shall retain a copy of all completed keg receipts required by Section 23-1018, Idaho Code, for a period of six (6) months.(3-23-22)

06.Continuous Operation Facilities Licenses. An existing license issued under Section 23-903(8), Idaho Code, before July 1, 2028, may be renewed annually and may be transferable through sale or lease.(7-1-25)

IDAPA 11.05.01.013 Priority Lists

01.Priority Lists for Incorporated City Liquor Licenses. The Alcohol Beverage Control Bureau maintains a priority list of applicants for cities in which no incorporated city liquor license is available. A person shall file a completed application and submit one-half (1/2) of the annual license fee. The premises information is not required at the time of application. Completed applications, including required fees, are placed in the order received.

02.Written Notification. When an incorporated city or a resort city restaurant liquor license becomes available Alcohol Beverage Control offers it in writing to the applicant whose name appears first on the priority list.

The applicant shall have ten (10) days from the date of the receipt of the Notice of License Availability to declare their intention to accept the license. If the applicant fails to comply with this requirement, the license is offered to the next applicant in priority.(7-1-25)

a.An applicant accepting the incorporated city license shall have a period of one hundred eighty (180) days from the date of receipt of Notice of License Availability in which to complete all requirements necessary for the issuance of the license. Provided, however, that upon a showing of good cause the Director of the Idaho State Police may extend the time period in which to complete the necessary requirements for a period not to exceed ninety (90) days.(7-1-25)

b.An applicant accepting the resort city restaurant license shall have a period of ninety (90) days from the date of receipt of Notice of License Availability in which to complete all requirements necessary for the issuance of the license. No extensions will be allowed for this license type.(7-1-25)

03.Refusal to Accept Offer of License or Failure to Complete Application for License.(7-1-25)

a.Where a resort city restaurant liquor license is available, an applicant must choose one (1) of the following:(7-1-25)

i.To remain on the priority list for an incorporated city license;(7-1-25)

ii.Proceed with the application for the resort city restaurant liquor license; or(7-1-25)

iii.Request a refund of the priority list fee.(7-1-25)

b.An applicant who declines a license offered under these rules or an applicant who is unable to meet the statutory requirements for licensing, or to complete the application may have their name placed at the end of the priority list upon request.(7-1-25)

c.An applicant holding first place on the priority list who fails to accept either license type or to complete the application within the time specified will be removed from the priority list, the fee shall be refunded, and the license offered to the applicant appearing next on the list.(7-1-25)

04.Limitations on Liquor License Priority List. An applicant shall hold only one position at a time on each priority list. An applicant for a place on a priority list may not execute an inter vivos transfer or assignment of his place on the priority list. For the purposes of this rule, “inter vivos transfer or assignment” means the substitution of any Person for the original applicant on the waiting list. An attempt to assign inter vivos a place on a priority list shall result in the removal of the name of the applicant from the list. An applicant, however, may assign his or her place on a priority list by devise or bequest in a valid will. A place on an incorporated city liquor license priority list becomes part of an applicant’s estate upon his or her death.(7-1-25)

IDAPA 11.05.01.014 (Reserved)

IDAPA 11.05.01.021 Age Restriction Requirements

01.Posting of Age Restriction Signs.

Sections 23-945 and 23-1026, Idaho Code, require every alcohol beverage licensee to post an age restriction sign. Such sign must contain the following words in lettering of at least one (1) inch in height: “Admittance of persons under twenty-one (21) years of age prohibited by law.” Such sign must be placed conspicuously over or on the door of each entrance to the licensed premises and be clearly visible from the exterior approached to such premises.(7-1-25)

02.Counterfeit or Altered Age Documents. If licensees or their employees receive identification documents which have been lost or voluntarily surrendered, they shall deliver the documents to an agent or investigator of the Alcohol Beverage Control Bureau or to other law enforcement officials within fifteen (15) days from the date they were received, found or voluntarily surrendered. When identification documents are presented to a licensee or its employees and appear to be mutilated, altered or fraudulent are presented to a licensee, their employees or agents, they must contact law enforcement and/or refuse service.(7-1-25)

IDAPA 11.05.01.022 Age Restriction Requirements for Licensed Movie Theaters - When Minors

PERMITTED.

01.Minors Permitted.

Any person under twenty-one (21) years of age is permitted in a movie theater licensed to sell alcoholic beverages and no age restriction posting is required at any time when all alcohol is secured, locked up and not available for sale or consumption. Age restriction signs must be posted as outlined in Subsection 021.01 at all times in any place where alcoholic beverages are sold, served, or consumed in the movie theatre.

IDAPA 11.05.01.023 (Reserved)

11.10.03 Rules Governing the Sex Offender Registry

IDAPA 11.10.03.000 Legal Authority

Title 18, Chapter 83, Idaho Code, Sections 18-8301 through 18-8331.(4-6-23)

IDAPA 11.10.03.001 Scope

The rules relate to the administration of the state’s sex of fender central registry, which includes both adult and juvenile offenders.(3-23-22)

IDAPA 11.10.03.002 (Reserved)

IDAPA 11.10.03.010 Definitions

The terms defined in Section 67-3001, Idaho Code, apply as do the following terms:(4-6-23) 01.

Substantially Equivalent. Any sex offense related crime, regardless of whether a felony or misdemeanor, that consists of similar elements defined in Title 18 of the Idaho Criminal Code. It does not mean exactly the same, nor exactly identical to.(3-23-22)

02.Working Days. Each day except Saturday, Sunday, or a legal state holiday.(3-23-22)

IDAPA 11.10.03.011 (Reserved)

IDAPA 11.10.03.012 Sex Offender Central Registry -- Administration

01.Central Registry Established.

The bureau of criminal identification is responsible for administration of the central registry pursuant to the requirements in Title 18, Chapters 83 and 84, Idaho Code and these rules.(4-6-23)

02.Forms. The following forms and procedures will be used to provide notice to and collect information from persons required to register as a sex offender.(4-6-23) a.“Idaho Sex Offender Registry Form:” notifies an offender of registration requirements and collects from an offender information required for registration or any change of address or status, as required by statute.

(7-1-26) b.“Idaho Sex Offender Registry Homeless - Location Verification Form:” is used during bi-weekly reporting to collect from an offender the information required when the offender does not provide a physical address at the time of registration.(4-6-23)

03.Photographs and Fingerprints.(3-23-22)

a.An offender’s photograph will be in color. The sheriff will forward a copy of the photograph to the bureau with tagging information so it may easily be located by registry staff. Photographs submitted to the central registry will be a copy of the new photographs taken at the time of each registration.(7-1-26)

b.The sheriff will also submit the required fingerprints and palmprints for each registrant, in a manner prescribed by the department, either by manual card or electronic submission for each registration.(7-1-26)

04.Notification to Local Law Enforcement. Lists of all offenders registered within a county are available on the sex offender registry web site. The bureau will notify the appropriate county law enforcement agency with jurisdiction any time the bureau becomes aware of a change of status or change of residence of a registered sex offender; and of a registered offender’s intent to reside in an agency’s jurisdiction.(3-23-22)

05.Notification to Other Jurisdictions. Within one (1) working day of receiving notification that a registered sex offender is moving to another jurisdiction, the bureau will notify the receiving jurisdiction’s designated sex offender registration agency of the move by mail or electronic means.(3-23-22)

06.Expungement of Central Registry Information.(3-23-22)

a.Upon receipt of a certified copy of a death certificate or official government documentation recording the death of a person registered with the central registry, the bureau will expunge all records concerning the person from the central registry.(4-6-23)

b.Upon receipt of a duly attested copy of a pardon issued by the governor or official pardoning body of the jurisdiction where the conviction was entered and then reported to the central registry, the bureau will expunge all records concerning the conviction from the central registry. If the pardoned person has no other conviction requiring registration, the bureau will expunge all references concerning the person from the central registry.(4-6-23)

c.Upon receipt of a duly attested document from a court clerk that a conviction previously reported to the central registry has been reversed by the court of conviction, the bureau will expunge all records concerning the conviction from the central registry, provided that the person has no other conviction requiring registration. (3-23-22)

d.Expungement of a record will not occur in cases where a court has ordered a dismissal for a withheld judgment.(3-23-22)

e.Pursuant to Section 18-8310(5), Idaho Code, if a person is exempted from the registration requirement by court order, the bureau will expunge all records and references concerning the offender from the central registry.(3-23-22) f.“Any periods of supervised release, probation, or parole” in Section 18-8310(1)(a), Idaho Code, means those periods resulting from the underlying conviction requiring registration.(4-6-23)

07.Determination of Substantially Equivalent or Similar Crime.(3-23-22)

a.A person convicted of a sex offense in another jurisdiction and who moves to, works in, or becomes a student in Idaho may be required to register as a sex offender in Idaho pursuant to Title 18, Chapters 83 or 84, Idaho Code.(3-23-22)

b.The bureau shall determine if a person's out-of-jurisdiction conviction is substantially equivalent or similar to an Idaho sex related offense, as defined by Idaho's Criminal Code, for the purposes of requiring a person to register in Idaho.(3-23-22)

c.The bureau may make all substantially equivalent determinations using the police report (of the incident related to the sex offense), indictment or information or other lawful charging document, judgment or order (of sex offense conviction), psychosexual evaluation report, and order of probation.(3-23-22)

d.If a person seeks a substantially equivalent determination by the bureau before moving to, working in, or becoming a student in Idaho, that person shall provide a completed application and attach certified copies of all above-named documents to the bureau.(3-23-22)

e.The bureau shall issue a substantially equivalent determination within sixty (60) days upon receipt of a completed application and the required documents.(3-23-22)

f.The bureau’s determination is a declaratory ruling as defined by Chapter 52, Title 67, Idaho Code.

(3-23-22)

g.Judicial review of the bureau's determination will be made in accordance with Chapter 52, Title 67, Idaho Code.(3 -23-22)

IDAPA 11.10.03.013 (Reserved)

11.11.01 Rules of the Idaho Peace Officer Standards and Training Council

IDAPA 11.11.01.000 Legal Authority

Pursuant to Section 19-5107, Idaho Code, the Peace Of ficer Standards and Training Council has authority, in accordance with Title 67, Chapter 52, Idaho Code, to promulgate rules it deems necessary to carry out the provisions of Title 19, Chapter 51, Idaho Code.(3-31-22)

IDAPA 11.11.01.001 Scope

These rules constitute the minimum standards of training, education, employment, and certi fication for any discipline certified by the POST Council.(3-31-22)

IDAPA 11.11.01.002 Applications and Forms

All persons seeking certification or endorsement by POST un der these rules must complete all relevant POST approved forms, which shall be signed by the applicant’s agency head or designee (on file at POST) prior to submission to POST.(3-31-22)

IDAPA 11.11.01.003 Documentation – Copies

01.Citizenship, Education, Military and Criminal Records. All documentation of citizenship, educational records and transcripts, military service, and criminal records required by these rules shall be submitted to POST in the form of a copy of a certified original document.(3-31-22)

02.Training and Other Records. Training records and other records required or allowed to be submitted to POST by these rules shall be submitted in the form of an original or certified copy. Where neither an original or certified copy is available, records shall be legible and not mutilated, altered or damaged.(3-31-22)

03.Notice of Employment/Termination. The names of all officers hired must be submitted to the Council within fifteen (15) days of employment. The termination of an officer’s employment must also be relayed to the Council within fifteen (15) days of such action on an appropriate form designated by the Council.(3-31-22)

IDAPA 11.11.01.004 Administrative Procedures Act

Rules of procedure in contested cases and administrative appeals will be governed by the administrative procedures act, (tit le 67, chapter 52, Idaho code), and these rules.(3-31-22)

IDAPA 11.11.01.005 (Reserved)

IDAPA 11.11.01.010 Definitions

In addition to the definitions under 19-5101, Idaho Code, the following terms apply:(3-31-22)

01.Act. Title 19, Chapter 51, of the Idaho Code.(3-31-22)

02.Agency. A law enforcement agency which is a part of or administered by the state of Idaho or any political subdivision thereof and which is responsible for the prevention and detection of crime and the enforcement of penal, traffic or highway laws of this state or any political subdivision; a juvenile detention center; a juvenile probation department; an adult misdemeanor probation department, a Public-Safety Answering Point (PSAP); the Idaho Department of Juvenile Corrections; the Idaho Department of Correction; or a private prison contractor of the State Board of Correction that is responsible for the first-line supervision, security, protection, and risk reduction of offenders housed in the a private correctional facility.(3-31-22)

03.Agency Head. A chief of police of a city, sheriff of a county or chief administrator of a law enforcement agency, as defined herein.(3-31-22)

04.Applicant. A person applying to participate in a POST training program or applying for POST certification.(3-31-22)

05.Basic Training Academy. A basic course of Council approved instruction in a discipline certified by POST.(3-31-22)

06.Canine Team. A specific person and a specific dog controlled by that person as its handler, formally assigned to perform law enforcement duties together.(3-31-22)

07.Canine Team Evaluator. An officer trained and certified by POST to evaluate the competence of canine teams.(3-31-22)

08.College Credit. A unit of work toward an academic or vocational degree awarded by a college or university accredited by one of the accrediting agencies listed in Subsection 11.11.01.053.01.d. or other POST accepted U.S. regional accrediting agency.(3-31-22)

09.Conviction. Any conviction in any federal, tribal, state, county, or municipal court; a voluntary forfeiture of bail, bond, or collateral deposited to secure a defendant’s appearance in court as final disposition; the payment of a fine or civil penalty; a plea of guilty or nolo contendere; or a finding of guilt, notwithstanding the form of judgment or withheld judgment, regardless of whether the sentence is imposed, suspended, deferred, or withheld, or whether the plea or conviction is set aside or withdrawn, or the case or charge is dismissed or reduced, or the record expunged under Section 19-2604, Idaho Code, or any other comparable statute or procedure, where the setting aside of the plea or conviction, or dismissal or reduction of the case or charge, or expungement of the record is based upon lenity or rehabilitation rather than upon a defect in the legality or factual basis of the plea, finding of guilt, or conviction. “Conviction” does not include a misdemeanor conviction upon a bond forfeiture for a violation that is or would at the time have in Idaho been an infraction violation, if the only reason it is classified as a misdemeanor is due to the bond forfeiture.(3-31-22)

10.Correction Officer. An employee of the Idaho Department of Correction or a private prison contractor of the State Board of Correction who is responsible for the first-line supervision, security, protection, and risk reduction of offenders housed in a correction facility.(3-31-22)

11.Council. The Idaho Peace Officer Standards and Training Council.(3-31-22)

12.Crime of Deceit. Any offense described in Section 18-1301 et seq., Idaho Code, (Bribery), Section 18-1401 et seq. (Burglary), Sections 18-1901 (Fictitious Stock Subscription), 18-1902 (Exhibition of False Papers to Public Officers), 18-1903 (Use of False Name in Prospectus), 18-1904 (Illegal Dividends and Reductions of Capital), 18-1905 (Falsification of Corporate Books), 18-1906 (Fraudulent Reports by Officers), 18-2202(1) (Computer Crime), 18-2302 (False Swearing as to Qualifications as Voter), 18-2304 (Procuring Illegal Votes), 18-2305 (Intimidation, Corruption and Frauds), 18-2306 (Illegal Voting or Interference with Election), 18-2307 (Attempting to Vote When Not Qualified or to Repeat Voting), 18-2309 (Officers Attempting to Change Result), 18-2310 (Forging or Counterfeiting Returns), 18-2311 (Adding to or Subtracting From Votes), 18-2316 (Tampering with Certificates of Nomination or Ballots), 18-2320 (Bribery of Electors), Section 18-2401 et seq. (Theft), Section 18-2601 et seq.

(Falsifying Evidence -- Offering Forged or Fraudulent Documents in Evidence), Section 18-2701 et seq. (Bribery of Executive Officers), Sections 18-3105 (False Statement by Commission Merchant, Broker, Agent, Factor or Consi gnee to Principal or Consignor), 18-3106 (Drawing Check Without Funds -- Drawing Check With Insufficient Funds -- Prima Facie Evidence of Intent -- Standing of Person Having Acquired Rights -- Probation Conditions), 18- 3123 (Forgery of a Financial Transaction Card), 18-3124 (Fraudulent Use of a Financial Transaction Card), 18-3125 (Criminal Possession of Financial Transaction Card and FTC Forgery Devices), 18-3125A (Unauthorized Factoring of Credit Card Sales Drafts), 18-3126 (Misappropriation of Personal Identifying Information), 18-3127 (Receiving or Possessing Fraudulently Obtained Goods or Services), 18-3201 (Officer Stealing, Mutilating or Falsifying Public Records), 18-3202 (Private Person Stealing, Mutilating or Falsifying Public Records), 18-3203 (Offering False or Forged Instrument for Record), 18-3204 (False Certificates or Other Instruments from Officers), 18-3206 (Mutilating Written Instruments), Section 18-3601 et seq. (Forgery and Counterfeiting), Sections 18-4616 (Defacing Marks on Logs or Lumber), 18-4617 (Stealing Rides on Trains), 18-4621 (Stealing Electric Current -- Tampering with Meters), 18-4622 (Stealing Electric Current -- Accessories Liable as Principals), 18-4624 (Taken or Converted Merchandise as Theft), 18-4626 (Willful Concealment of Goods, Wares or Merchandise -- Defense for Detention), 18-4630 (Illegal Use of Documents), 18-4701 (Alteration of Bills), 18-4702 (Alteration of Enrolled Copies), 18-4703 (Offering Bribes to Legislators), 18-4704 (Legislators Receiving Bribes), Section 18-5401 et seq. (Perjury), Section 18-6501 et seq.

(Robbery), Sections 18-8201 (Money Laundering and Illegal Investment -- Penalty -- Restitution), 41-293 (Insurance Fraud), 41-294 (Damage to or Destruction of Insured Property), 41-1306 (False Financial Statements), 49-228 (Receiving or Transferring Stolen Vehicles), 49-231 (Farm Implements -- Purchasing or Selling When Identifying Number Altered or Defaced a Felony), 49-232 (Fraudulent Removal or Alteration of Numbers Prohibited), 49-518 (Altering or Forging Certificate -- Stolen Cars -- Destroying or Altering Engine or Decal Number -- Use of Fictitious Name -- Fraud), or any attempt, conspiracy or solicitation to commit any of the foregoing offenses, or any racketeering offense under Section 18-7801 et seq., Idaho Code, in which any of the foregoing offenses constitutes at least one (1) of the predicate acts, or any other crime defined in the Idaho Code involving any form of theft or including fraudulent intent as an element, or an offense equivalent to any of the foregoing in any other jurisdiction.

13.Division Administrator. The administrator of the Idaho Peace Officers Standards and Training Division of the Idaho State Police.(3-31-22)

14.Field Training. Formal, on the job training for special and defined purposes.(3-31-22)

15.Full Time. An employee who is, for a calendar month, employed on average at least thirty (30) hours of service per week, or one hundred thirty (130) hours of service per month.(3-31-22)

16.Hearing Board. A board of three members designated by the Chair of the Council to hear contested cases and enter recommended orders for the Council’s decision.(3-31-22)

17.Hearing Officer. A person designated by the Council to preside over decertification proceedings and to render findings of fact, conclusions of law and a recommended order at the conclusion of those proceedings.

18.In-Service Training. Training designed to refresh or enhance a certified officer’s ability to perform their duties.(3-31-22)

19.Juvenile Detention Center. A facility that is part of or administered by an Idaho county and is responsible for the safety, care, protection, and monitoring of juvenile offenders.(3-31-22)

20.Juvenile Detention Officer. An employee working in a juvenile detention center who is responsible for the safety, care, protection, and monitoring of juvenile offenders.(3-31-22)

21.Juvenile Justice Officer. An employee working in a juvenile detention center or in a correctional facility operated by the Idaho Department of Juvenile Corrections, who is responsible for the safety, care, protection, and monitoring of juvenile offenders.(7-1-26)T

22.Juvenile Probation Department. A public or private agency administered by or contracted with the court, and providing juvenile probation services to a county at the concurrence and expense of the county commissioners.(3-31-22)

23.Juvenile Probation Officer. An employee of a juvenile probation department who is responsible for preparing social history reports to the court, making recommendations regarding conditions of probation, and the supervision of juvenile offenders' compliance with court orders.(3-31-22)

24.Law Enforcement Certification Program. A program operated by a college or university, law enforcement agency, or private entity and satisfying POST basic training academy requirements.(3-31-22)

25.Law Enforcement Certification Program Facility. A facility at which law enforcement certification programs conduct training.(3-31-22)

26.Law Enforcement Profession. As used in these rules in reference to agreements authorized pursuant to Section 19-5112, Idaho Code, the “law enforcement profession” includes the following positions: Peace Officer, County Detention Officer, Emergency Communications Officer, Juvenile Detention Officer, Juvenile Justice Officer, Juvenile Probation Officer, Correction Officer, Juvenile Corrections Direct Care Staff, Adult Felony Probat ion and Parole Officer, Idaho Department of Juvenile Corrections Direct Care Staff, and Adult Misdemeanor Probation Officer.(7-1-26)T

27.Marine Deputy. A person employed by a county sheriff whose primary function is to perform marine-related enforcement duties within established policies and procedures.(3-31-22)

28.Misdemeanor Probation Department. A public or private agency administered by or contracted with the county, and providing misdemeanor probation services to a county at the concurrence and expense of the county commissioners.(3-31-22)

29.Part-Time Employee. An employee, regardless of discipline, who works less than thirty (30) hours per week or one hundred thirty (130) hours per month.(3-31-22)

30.POST. The Idaho Peace Officer Standards and Training Program.(3-31-22)

31.POST Certified Instructor. A person certified by POST as qualified to instruct or assess students in a course of instruction which meets POST standards for certification or training.(3-31-22)

32.Program Coordinator. A person designated by a college, university, or agency to be responsible for a law enforcement certification program.(3-31-22)

33.Public Safety Answering Point (PSAP). A city, county, or state emergency call center that receives direct or transferred 9-1-1 calls for police, firefighting, and ambulances.(3-31-22)

34.Regional Training Specialist. A POST employee who is assigned to a specific region of the state, and who assesses training materials and instruction for law enforcement personnel to assure compliance with POST standards.(3-31-22)

35.Reserve Peace Officer. A person appointed by an agency to perform the duties of a peace officer on a limited basis.(3-31-22)

36.School. A school, college, university, academy, or local training program which offers law enforcement training and which is certified by the Council.(3-31-22)

37.State. Unless otherwise indicated, the state of Idaho.(3-31-22)

38.Student. A person participating in any Council-approved basic training program or law enforcement certification training program.(3-31-22)

39.Temporary/Seasonal. Employment of less than one hundred eighty (180) consecutive days.

40.Trainee. A POST certified officer participating in in-service training.(3-31-22)

IDAPA 11.11.01.011 (Reserved)

IDAPA 11.11.01.050 Basic Certification of Law Enforcement Officers

All applicants for POST certification must meet the following standards and comply with the following requirements to be eligible to attend a basic training academy and for certification and employment in Idaho in any law enforcement discipline.(3-31-22)

IDAPA 11.11.01.051 Mandatory and Voluntary Certification

01.Mandatory Certification. Ex cept as otherwise provided in these rules, no person shall act as a peace officer, marine deputy, county detention officer, emergency communications officer, juvenile detention officer, juvenile justice officer, juvenile probation officer, correctional officer, adult probation and parole officer, juvenile direct care staff or misdemeanor probation officer in Idaho unless they are certified to do so by POST in accordance with these rules.(7-1-26)T

02.Voluntary Certification for Correctional Officers and Adult Probation and Parole Officers Employed Prior to July 1, 2005. Correctional officers and adult probation and parole officers who were employed prior to July 1, 2005 are not required to be POST certified in those disciplines, but may become certified by meeting all requirements for certification set forth in these rules.(3-31-22)

03.Voluntary Certification for Emergency Communications Officers Employed Prior to July 1, 2012. Emergency Communications Officers who were employed prior to July 1, 2012 are not required to be POST certified, but may become certified by meeting all requirements for certification set forth in these rules.(3-31-22)

04.Voluntary Certification for Certain Officials. The director of the Idaho State Police or any elected official, although specifically excluded by law from meeting the requirements set by the Council, may be certified if they so desire, provided they meet the minimum requirements for certification as prescribed in these rules.

05.Exception for Juvenile Detention Officers in Juvenile Corrections. A person who holds a valid POST juvenile detention officer certification may be employed as juvenile direct care staff in a juvenile correction discipline without obtaining additional certification, provided they remain in good standing with their original certification.(7-1-26)T

IDAPA 11.11.01.052 Citizenship

An applicant shall be a citizen of the United States and submit a certified copy or original of one (1) of the following as verification of citizenship:(3-31-22)

01.Birth Certificate. A birth certificate issued by a city, county, or state;(3-31-22)

02.Passport. A current passport issued by the United States Government;(3-31-22)

03.Naturalization Certificate;(3-31-22)

04.Consular Report of Birth Abroad or Certification of Birth; or(3-31-22)

05.Certificate of Citizenship.(3-31-22)

IDAPA 11.11.01.053 Education

01.Acceptable Education.

An applicant must have:(3-31-22)

a.Graduated from a school accredited as a high school at the time of graduation by the state in which it is located or by a recognized regional accreditation body; or(3-31-22)

b.Passed a GED or a Department of Labor administered assessment in subject areas required by POST; or(3-31-22)

c.Have completed a high school equivalency program and obtained a state- issued certificate; or

d.Completed a minimum of fifteen (15) credits at a college accredited by one of the following:

Middle States Association of Schools and Colleges; New England Commission of Higher Education Accrediting Commission for Community and Junior Colleges; North Central Association of Colleges and Schools (the Higher Learning Commission); Northwest Association of Colleges and Universities; Southern Association of Colleges and Schools; and Western Association of Schools and Colleges; or(3-31-22)

e.Completed a course of study, either in a formal school setting or through homeschooling if the program is recognized by a state or by a local school district within a state as having met that state’s high school graduation requirements; or(3-31-22)

f.If educated outside the United States, an applicant must have passed GED testing or provide an evaluation from a member of the National Association of Credential Evaluation Services (NACES) or Association of International Credential Evaluators, Inc. (AICE), showing the applicant's education meets or exceeds the U.S. requirements for high school graduation.(3-31-22)

02.Documentation of Education. An applicant must provide a certified copy or original of one of the following:(3-31-22)

a.High school diploma indicating date of graduation;(3-31-22)

b.Official high school transcript indicating date of graduation;(3-31-22)

c.Official transcript of GED results indicating a passing score;(3-31-22)

d.Correspondence from the Idaho Department of Labor, providing a passing score (minimum 75% in each assessment) result of testing on all POST designated assessments;(3-31-22)

e.Correspondence from a state or local school district indicating that the applicant has met that state’s high school graduation requirements;(3-31-22)

f.State-issued high school equivalency certificate;(3-31-22)

g.Official transcript from a POST accepted U.S. regionally-accredited college indicating completion of a minimum of fifteen (15) credits;(3-31-22)

h.Official evaluation of foreign education by a member of the National Association of Credential Evaluation Services (NACES) or Association of International Credential Evaluators, Inc. (AICE) showing the applicant's education meets or exceeds the U.S. requirements for high school graduation.(3-31-22)

IDAPA 11.11.01.054 Age

The minimum age requirements for employment in the following disciplines are:(3-31-22)

01.Twenty-One (21) Years of Age. Patrol officers, felony probation and parole officers, misdemeanor probation officers, juvenile detention officers, juvenile justice officer, juvenile probation officers, and juvenile corrections direct care staff.(7-1-26)T

02.Eighteen (18) Years of Age. Corrections officers, adult detention officers, emergency communications officers.(3-31-22)

IDAPA 11.11.01.055 Ineligibility Based Upon Past Conduct

An applicant is ineligible to attend a basic training academy and for certification under the following circumstances.

01.Criminal Conviction. An applicant is ineligible if he was convicted of:(3-31-22)

a.A felony, if the applicant was eighteen (18) years old or older at the time of conviction; (3-31-22)

b.A misdemeanor Driving Under the Influence offense(s) within two (2) years immediately preceding application, or two or more (2) misdemeanor Driving Under the Influence offenses within five (5) years immediately preceding application;(3-31-22)

c.A misdemeanor crime involving domestic violence, if the relevant law enforcement discipline requires the applicant to possess a firearm in the course of their duty, or if the conviction occurred within 5 years immediately preceding application;(3-31-22)

d.A misdemeanor crime of deceit, as defined in these rules, or a misdemeanor sex offense, if the conviction occurred within five (5) years immediately preceding application;(3-31-22)

e.A misdemeanor drug-related offense, if the conviction occurred within one (1) year immediately preceding application.(3-31-22)

02.Driver’s License. An applicant is ineligible if he does not possess a valid driving license from the applicant’s state of residence and is unable to qualify for an Idaho driver’s license, except for the following disciplines:(3-31-22)

a.Correction Officers;(3-31-22)

b.Emergency Communications Officers.(3-31-22)

03.Marijuana. An applicant is ineligible if he used, illegally purchased, or illegally possessed marijuana, cannabis, hashish, hash oil, or THC in synthetic and natural forms, whether charged or not, if such use occurred:(7-1-25)

a.Within one (1) year immediately preceding application;(3-31-22)

b.While employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the use occurred.(3-31-22)

04.Violations of Idaho Controlled Substances Act. An applicant is ineligible if he, while eighteen (18) years old or older, violated any provision of the Idaho Uniform Controlled Substances Act, Section 37-2701 et seq., Idaho Code, whether charged or not, that constitutes a felony, or of a comparable statute of another state or country, if the violation occurred:(3-31-22)

a.Within three (3) years immediately preceding application;(3-31-22)

b.While employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the illegal use occurred.(3-31-22)

05.Use of Prescription or Other Legally Obtainable Controlled Substance. An applicant is ineligible if he unlawfully used any prescription drug or a legally obtainable controlled substance within the past three (3) years, unless:(3-31-22)

a.The applicant was under the age of eighteen (18) at the time of using the controlled substance; or

b.An immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription controlled substance not specifically prescribed to the person.(3-31-22)

06.Military Discharge. An applicant is ineligible if he received a “dismissal,” “bad conduct discharge” (BCD), “dishonorable discharge” (DD), or administrative discharge of other than honorable (OTH) from military service.(3-31-22)

07.Decertification or Denial of Certification. An applicant is ineligible if he has been denied certification; his certification is suspended in another state or jurisdiction, denied, revoked or applicant is not able to obtain certification in another state or jurisdiction; or his basic certificate has been revoked by the Council in this state or the responsible licensing agency in any other issuing jurisdiction, unless the denial or revocation has been rescinded by the Council or by the responsible licensing agency of the issuing jurisdiction.(3-31-22)

IDAPA 11.11.01.056 Documentation of Criminal, Traffic, and Military Discharge Records

With a POST application, an applicant shall submit the following to verify criminal, traffic or military records.

01.Criminal or Traffic Matters. Charging documents, including citations, complaints, information or indictments; judgements of convictions, orders of restitution; orders involving probation, parole, or revocation of probation or parole; orders of dismissal or release; records of payments to the court.(3-31-22)

02.Military Discharge. Copies of a DD214 for active military service, NGB Form 22 for National Guard Service, or Official Military Discharge Documentation for Reserve military service.(3-31-22)

IDAPA 11.11.01.057 Requirements for Basic Certification

In addition to complying with the foregoing standards, each applicant for certification must also comply with the following requirements.(3-31-22)

01.Agency Employment. Each applicant must be an employee of an agency, as defined in these rules, in a position requiring POST certification, or be a member of POST professional staff.(3-31-22)

02.Background Investigation. The employing agency must conduct a comprehensive background investigation of each applicant to ensure that he meets requirements for POST certification and employment in the law enforcement profession.(3-31-22)

a.The applicant must complete a comprehensive application and personal history statement prior to a background investigation in aid of determining he is eligible for certification.(3-31-22)

b.The applicant must be fingerprinted on a standard FBI Applicant fingerprint card and a search of local, state, and national fingerprint databases must be made to disclose any criminal record. The employing agency must retain originals of all records check results.(3-31-22)

c.The employing agency must investigate the applicant’s traffic records in each state in which he resided.(3-31-22)

d.The background investigation must include information from personal references, schools, the applicant’s last three (3) previous employers, and law enforcement agency or PSAP records in jurisdictions where the applicant has lived or worked.(3-31-22)

e.The employing agency must interview each applicant to ascertain his suitability for the law enforcement profession. Interview topics must include use of intoxicants, controlled substances, physical, mental, and emotional history, family problems, moral outlook and habits, and the applicant’s financial history.(3-31-22)

f.An experienced investigator must conduct a thorough investigation into the applicant’s reputation, integrity, honesty, dependability, qualifications, experience, associations, emotional stability, and respect for the law.

03.Physical Readiness Assessment. The employing agency shall require an assessment of an applicant’s physical readiness to ensure he can perform physically demanding tasks and tests while attending a basic training academy or equivalent program. An applicant who fails a required physical test during an academy may be dismissed, but may attend a future academy and must pass a physical readiness test prior to certification.(3-31-22)

04.Mental Readiness Assessment. Where there is a question as to whether the applicant may be subject to a mental or emotional disorder that calls his suitability for the law enforcement profession into question, the employing agency shall have a psychiatrist or clinical psychologist conduct a thorough evaluation to ensure he is capable of performing law enforcement duties.(3-31-22)

05.Application. Each applicant must fill out a POST Application and submit it to the employing agency, which shall submit it to POST with all required documentation.(3-31-22)

a.Upon review of an application, POST may inspect an agency‘s background investigation file to ensure it is accurate and complete. If a review indicates that information submitted to POST may be inaccurate, incomplete or falsified, the Division Administrator must inspect the agency’s background investigation file.

b.If the application contains inaccuracies or omissions, the Division Administrator may require the agency to supplement the application, and may approve the application.(3-31-22)

c.If the application contains evident falsifications, the Division Administrator shall reject the application.(3-31-22)

06.Aptitude Test. An applicant shall complete an aptitude test to ensure he is capable of performing law enforcement duties.(3-31-22)

07.Code of Ethics/Standards of Conduct. Each applicant shall attest that he will abide by the following Law Enforcement Code of Ethics, and that he understands violations thereof constitute grounds for decertification:

As a member of the law enforcement profession, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all to liberty, equality and justice.

I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or my agency. I will maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the law and the regulations of my department.

Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret, unless revelation is necessary in the performance of my duty.

I will never act officiously or permit personal feelings, prejudices, political beliefs, aspirations, animosities or friendships to influence my decisions. With no compromise for crime and the relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.

I recognize the badge or position of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of law enforcement/public service. I will never engage in acts of corruption or bribery, nor will I condone such acts by other law enforcement or emergency communications officers. I will cooperate with all legally authorized agencies and their representatives in the pursuit of justice.

I know that I alone am responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. I will constantly strive to achieve these objectives and ideals, dedicating myself before God or have a sincere and unfaltering commitment to my chosen profession...law enforcement.

08.Time for Completing Basic Training Academy or Alternative Training, Field Training and Probationary Period.(3-31-22)

a.Except as otherwise provided in these rules, every person attending a basic training academy must complete that academy, a minimum of 40 hours of field training and six consecutive months of probation in that discipline with that hiring agency within twelve months of beginning employment in order to be certified. (3-31-22)

b.Emergency communications officers attending a basic training academy must complete that academy , and six consecutive months of probation in that discipline with that hiring agency within eighteen (18) months of beginning employment in order to be certified.(3-31-22)

c.Any person who does not become certified in the relevant discipline within three (3) years of graduating from a basic training academy or POST certified equivalent program must repeat that entire academy or program in order to become certified.(3-31-22)

d.Every person seeking certification through the POST challenge process must complete that process within one year of beginning employment with an agency.(3-31-22)

IDAPA 11.11.01.058 Standards of Conduct for Basic Training Academy Students

01.Required Behavior. All students shall conduct themselves in a manner which will bring credit to the law enforcement profession. Student behavior must reflect courtesy, consideration and respect for others.

02.Prohibited Conduct. Any conduct detrimental to the efficiency or discipline of the academy, whether or not stated in the instructions, is prohibited and can be cause for disciplinary action or expulsion. A student’s agency head will be informed of any such infraction.(3-31-22)

03.Notice. POST shall inform students of requirements relating to residency, equipment, supplies, and conduct at the academy at the time of their acceptance into an academy.(3-31-22)

IDAPA 11.11.01.059 Challenging a Basic Training Academy

An applicant for POST certification may challenge the basic training academy in the relevant discipline under the following circumstances, and subject to the following conditions.(3-31-22)

01.Requirements for Challenging a Basic Training Academy. Except as otherwise provided by these rules, an applicant challenging a basic training academy must:(3-31-22)

a.Be employed by an agency in Idaho;(3-31-22)

b.Have been employed, and if applicable, have been certified or commissioned by another state or the federal government as an officer in the relevant discipline within the last five (5) years, or a student who has satisfactorily completed a basic training academy equivalent to the POST basic training academy in the relevant discipline within the last three (3) years;(3-31-22)

c.Submit a POST certification challenge packet, including copies of all relevant service, educational and training records;(3-31-22)

d.Disclose all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction;(3-31-22)

e.Complete a probationary period of at least six (6) consecutive months with the employing agency in the relevant discipline;(3-31-22)

f.Comply with any additional provisions required by POST for a challenge in a specific discipline; and(3-31-22)

g.Reserve Officers must have been employed, certified, or commissioned by another state or the federal government as an officer in the relevant discipline within the last three (3) years.(3-31-22)

02.Patrol and Detention Law Enforcement Certification Program or POST Academy Graduates. An applicant who is appointed to either a peace officer or a detention officer position from 3 to 5 years after completing both the patrol and detention officer training through a POST approved law enforcement certification program or POST basic training academy, will be eligible for certification in the other discipline without attending an additional basic training academy, provided the officer:(3-31-22)

a.Was appointed to a peace officer or detention officer position in Idaho within three (3) years from graduating from a law enforcement certification program or a POST Academy;(3-31-22)

b.Possesses a detention or peace officer certification from POST;(3-31-22)

c.Submits a POST challenge packet;(3-31-22)

d.Discloses information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction;(3-31-22)

e.Completes a probationary period of at least six (6) consecutive months with the employing agency in the relevant discipline; and(3-31-22)

f.Complies with any additional provisions required by POST for a challenge in a specific discipline.

IDAPA 11.11.01.060 Agreement to Serve – Reimbursement Requirement

01.Agreement. Pursuan t to Section 19-5112, Idaho Code, any student attending a POST funded basic training academy must execute an agreement promising to remain within the law enforcement profession in Idaho for two (2) years immediately following graduation. Violation of the agreement will give rise to a civil action which may be commenced by the Council on behalf of the state for restitution of all costs of education paid by the Council plus costs and reasonable attorney’s fees.(3-31-22)

02.Fulfillment of Agreement. The agreement will be fulfilled if, following graduation from a basic training academy, the student remains in the law enforcement profession in Idaho, as follows:(3-31-22)

a.On a full-time basis, for two (2) full calendar years immediately following graduation date; or

b.On a part-time basis, and the officer provides the Council with documentation of four thousand one hundred sixty (4,160) hours of service immediately following graduation date.(3-31-22)

03.Relief from Obligation to Serve. A student is relieved of his obligations under the agreement if the student is:(3-31-22)

a.Terminated by the employing agency due to budget cutbacks or loss of funding and the agency provides POST with a letter stating the student was terminated due to the agency’s lack of funding;(3-31-22)

b.Forced to resign due to his own or an immediate family member’s terminal illness or prolonged debilitating condition and the student provides POST with documentation from an attending physician verifying the medical condition;(3-31-22)

c.Ordered into full-time active military service, and the student provides POST with documentation of official military orders; or(3-31-22)

d.The spouse of a person who is a member of the military and is being required to transfer outside Idaho for a prolonged period of time, and the student provides POST with documentation of the spouse’s official military orders.(3-31-22)

04.Reimbursement. A student who graduates from a basic training academy whose employment is terminated or resigns prior to fulfillment of the agreement or does not qualify for disqualification must reimburse the state for educational training expenses.(3-31-22)

05.Proration. A student’s reimbursement obligation under the agreement will be prorated if he remains in the law enforcement profession in Idaho following graduation from a basic training academy for the following time periods:(3-31-22)

a.On a full-time basis for less than twelve (12) complete months following graduation. The full amount of money set forth in the agreement shall be owed;(3-31-22)

b.On a full-time basis for a minimum of twelve (12) complete months following graduation but less than twenty-four (24) complete months. The amount owed to the Council will be reduced proportionately for each complete month worked from the date of graduation to the date of separation; or(3-31-22) c.

On a part-time basis for a documented minimum of two thousand eighty (2,080) hours service fo llowing graduation, but less than four thousand one hundred sixty (4,160) hours. The amount owed to the Council will be reduced proportionately for each one hundred seventy-three (173) hours worked from the date of graduation to the date of separation.(3-31-22)

06.Multiple Basic Training Academies. A student who graduates from more than one (1) basic training academy must fulfill a two-year agreement for each academy attended.(3-31-22)

07.Decertification. A student who is decertified by POST prior to a period of two (2) years after graduating from an academy shall not be relieved of the obligation to reimburse POST pursuant to this section.

IDAPA 11.11.01.061 (Reserved)

IDAPA 11.11.01.070 Higher Level Certification

In addition to basic certification, the Council may issue higher -level certifications in recognition of additional training and experience to full-time officers already possessing a basic POST certification.(3-31-22)

01.Types of Higher-Level Certification. In addition to basic certification, the Council may issue the following:(3-31-22)

a.Intermediate certification for peace officers, detention officers, misdemeanor probation officers, juvenile probation officers, juvenile detention officers, juvenile justice officers, juvenile corrections officers, and emergency communications officers;(7-1-26)T

b.Advanced certification for peace officers, detention officers, misdemeanor probation officers and emergency communications officers;(3-31-22)

c.Supervisor certification for peace officers, detention officers and emergency communications officers;(3-31-22)

d.Master certification for peace officers, detention officers and emergency communications officers;

e.Management certification for peace officers, detention officers and emergency communications officers;(3-31-22)

f.Executive certification for peace officers.(3-31-22)

02.Requirements. In addition to the requirements otherwise set forth in these rules, the following are required for higher level certification:(3-31-22)

a.An applicant shall possess POST basic certification in the relevant discipline and be a full-time employee of an agency.(3-31-22)

b.An applicant shall attach to his POST application all relevant transcripts, certificates, diplomas, degrees, course outlines, or other documents not listed on the applicant’s POST training record, verifying his education and training.(3-31-22)

c.The agency of an applicant for a Supervisor, Management, or Executive certification must submit a job description or other documentation verifying the applicant’s duties.(3-31-22)

IDAPA 11.11.01.071 Law Enforcement Experience, Milit

ARY EXPERIENCE, AND COLLEGE CREDITS

FOR PURPOSES OF HIGHER CERTIFICATION.

For purposes of determining whether a person is eligible for higher level certifications based upon experience and educat ion, the following apply.(3-31-22)

01.Law Enforcement Experience. Law enforcement experience shall include actual time served with a law enforcement agency as a full-time peace officer or county detention officer. POST Council determines the acceptability of time served in one of those positions in a jurisdiction other than Idaho, or one which does not comply with the minimum standards set forth in these rules.(3-31-22)

02.Juvenile Justice Experience. Juvenile justice experience means actual time served as a full-time juvenile corrections, juvenile detention, juvenile justice, or juvenile probation officer.(7-1-26)T

03.Emergency Communications Officer Experience. Emergency communications officer experience means actual time served as a full-time emergency communications officer with a duly constituted law enforcement or PSAP agency.(3-31-22)

04.Misdemeanor Probation Experience. Misdemeanor probation experience means actual time served as a full-time misdemeanor officer.(3-31-22)

05.Military Law Enforcement Service and Education. An applicant who has served in the military as a full-time military law enforcement officer may be awarded partial credit toward law enforcement experience and training. The applicant shall have served as a full-time military law enforcement officer for the period of time for which credit is requested. Regular guard duty does not qualify.(3-31-22)

a.Credit will be awarded as follows:(3-31-22)

i.One (1) year of accepted military law enforcement service shall equal three (3) months of law enforcement experience.(3-31-22)

ii.Eight (8) hours of accepted military law enforcement training shall equal four (4) hours of law enforcement training.(3-31-22)

b.No applicant shall be awarded more than two (2) years of law enforcement experience or more than one thousand (1,000) hours of law enforcement training.(3-31-22)

c.Educational credit may be awarded for completion of military law enforcement schools. All certificates, course outlines, diplomas, DD-214’s, and certificates of completion showing length of school shall be submitted to POST with the application for higher certification.(3-31-22)

06.College Credits. POST may award credits for college education as follows:(3-31-22)

a.One (1) college or university semester hour or unit shall equal one (1) college credit.(3-31-22)

b.One (1) college or university quarter hour or unit shall equal two-thirds (2/3) of one (1) college credit.(3-31-22)

c.College credits may be converted to POST training hours at the rate of twenty (20) POST training hours for one (1) college credit.(3-31-22)

d.When college credit is awarded or purchased for POST approved training, it may be counted for either POST training hours or college credit, whichever is to the advantage of the applicant.(3-31-22)

e.Applicants shall submit an official college transcript as verification of college credit.(3-31-22)

IDAPA 11.11.01.072 Intermediate and Advanced Certification

01.Intermediate Certification.

An applicant shall hold a current POST basic certification, and have acquired either the combination of college credits and/or POST training hours, combined with the prescribed years of law enforcement experience, or an associate or baccalaureate degree from a college recognized by a regional accreditation agency, combined with the prescribed years of law enforcement experience, as set forth in the following subsections:(3-31-22)

a.Peace officers.

b.Detention officers.

c.Emergency communications officers. The applicant shall:(3-31-22)

i.Have completed a minimum of one hundred twenty (120) hours of POST certified training, which must include Emergency Communications basic training.(3-31-22)

ii.A minimum of three (3) years of emergency communications officer experience.(3-31-22)

d.Juvenile justice officers.

(7-1-26)T

POST Basic Juvenile Justice, Juvenile Corrections, or Juvenile Detention Academy 1,000 POST Basic Juvenile Justice, Juvenile Corrections, or Juvenile Detention Academy Twenty (20) POST Training Hours Years of Juvenile Justice Experience 7654 42

e.Juvenile probation officers.

f.Misdemeanor probation officers.

(4-6-23)

02.Advanced Certification. An applicant shall hold a current POST basic certification, possess or be eligible to possess an intermediate certificate, and have acquired either the combination of college credits and POST training hours, combined with the prescribed years of law enforcement experience, or an associate, baccalaureate, master’s or doctoral degree from a college recognized by a regional accreditation agency, combined with the prescribed years of law enforcement experience, as set forth in the following subsections:(3-31-22)

a.Peace officers.

Graduation from the Drug Enforcement Administration School in Washington, D.C., the Northwestern University Traffic Institute School of Police Staff and Command, the FBI National Academy or Southern Police Institute’s Administrative Officers Course/Command Officers Development Course shall be accepted in lieu of the fifteen (15)

Juvenile Probation Academy 1,000 POST Basic Juvenile Probation Academy Twenty (20) POST Training Hours Years of Juvenile Justice Experience 76 5 4 42 POST MPO Basic Academy Years of Misdemeanor Probation Experience Patrol Academy college credits required for the Advanced Certificate with thirteen (13) years or more of experience.(3-31-22)

b.Detention officers.

Graduation from the Drug Enforcement Administration School in Washington, D.C., the Northwestern University Traffic Institute School of Police Staff and Command, the FBI National Academy or Southern Police Institute’s Administrative Officers Course/Command Officers Development Course shall be accepted in lieu of the fifteen (15) college credits required for the Advanced Certificate with thirteen (13) years or more of experience.(3-31-22)

c.Emergency communications officers.(3-31-22)

i.Have completed a minimum of five hundred (500) hours of POST certified training, which must include POST approved Emergency Communications basic training.(3-31-22)

ii.Have at least ten (10) years of communications specialist experience.(3-31-22)

d.Misdemeanor probation officers.

(4-6-23)

03.Probationary Period. An applicant shall have completed a probationary period of at least six (6) consecutive months with the employing agency prior to applying for intermediate or advanced certificates. Agencies may require a longer probationary period prior to application.(3-31-22)

IDAPA 11.11.01.073 Supervisor Certification

POST supervisor certificatio n recognizes the training and experience of patrol, detention and emergency communications officers employed in positions above the operational level who holds the rank of sergeant or equivalent title and who are responsible for the direct supervision of line personnel. In addition to the requirements otherwise set forth in these rules, an applicant for a supervisor certificate must:(3-31-22)

01.Position. Be employed for a minimum of one (1) year by an agency in a first-line supervision Detention Academy Enforcement Experience Years of Misdemeanor Probation Experience position above the operational level which is responsible for the direct supervision of nonsupervisory personnel.

02.Certification. Possess an intermediate or advanced patrol, detention officer or emergency communications officer certificate.(3-31-22)

03.Training. Have completed one hundred (100) hours of POST certified supervisory-level training, of which fifty (50) hours shall have been completed within three (3) years immediately prior to submitting an application for the supervisor certificate.(3-31-22)

IDAPA 11.11.01.074 Master Certification

POST master certification recognizes the training and experience of patrol, detention and emergency communications officers who hold a rank below sergeant or equivalent title and who have focused their career efforts on line functions. In addition to the requirements otherwise set forth in these Rules, an applicant for a master certificate must:

01.Prior Certification. Possess an advanced certificate.(3-31-22)

02.Training. Have completed one thousand five hundred (1,500) hours of POST certified training.

College credits may be converted to POST training hours at the rate of one (1) college credit equals twenty (20)

POST training hours.(3-31-22)

03.Experience. Have completed a minimum of fifteen (15) years of full-time law enforcement service in assignments which did not include full-time supervisory, management, or executive positions.(3-31-22)

IDAPA 11.11.01.075 Management Certification

POST management certification recognizes the training and experience of patrol, detention and emergency com munications officers in positions between a first-line supervisor and an executive, with responsibility for direct supervision of supervisory personnel and/or command duties. POST management certification is also available to city police chiefs or administrators within state agencies having law enforcement powers whose duties are primarily administrative. In addition to the requirements otherwise set forth in these rules, the following are required for an award of a management certificate.(3-31-22)

01.Position. An applicant must be employed by an agency for a minimum of six (6) months in a management or executive position with primary responsibilities that are administrative or managerial in nature, including direct supervision of supervisory personnel and/or command duties, and which is typically occupied by a person holding the rank of lieutenant or higher, or equivalent title.(3-31-22)

02.Certification. An applicant must possess POST certification as a peace officer, detention officer, or emergency communications officer; certification from another state that has minimum peace officer standards; or a certificate of completion from a city, county, state, or federal law enforcement academy that meets that state's minimum training standards.(3-31-22)

03.Training. An applicant must have completed one hundred (100) hours of POST certified management-level training, of which fifty (50) hours shall have been completed within three (3) years immediately prior to submitting an application for the Management Certificate.(3-31-22)

04.Police Chiefs, Agency Administrators. City police chiefs or administrators within state agencies having law enforcement powers who have duties which are primarily administrative may satisfy the certification requirement of Section 19-5109(2), Idaho Code, by obtaining this certificate. All other city police chiefs or state agency administrators having law enforcement powers may be awarded this certificate upon meeting the requirements, but shall also complete the requirements necessary to obtain a Basic Certificate.(3-31-22)

IDAPA 11.11.01.076 Executive Certification

POST Executive Certification recognizes the training and experie nce of law enforcement agency heads. In addition to the requirements otherwise set forth in these rules, an applicant for an Executive Certificate must:(3-31-22)

01.Position. Be employed for a minimum of three (3) years immediately prior to submitting the application as a chief of police, sheriff, director or chief executive of an agency .(3-31-22)

02.Prior Certification. Possess a POST Advanced or Management Certificate, or the equivalent from another state meeting or exceeding Idaho standards.(3-31-22)

03.Training. Have completed one hundred (100) hours of POST certified executive-level training, of which fifty (50) hours shall have been completed within three (3) years immediately prior to application for an Executive Certificate.(3-31-22)

IDAPA 11.11.01.077 (Reserved)

IDAPA 11.11.01.080 Certifications for Part-Time Officers

In addition to basic POST certification, as set forth in these rules, the Council may issue certifications to the fo llowing employees who work under the supervision of full-time, POST certified Officers.(3-31-22)

01.Requirements. Part-time officers in all disciplines except reserve peace officers, marine deputies, and part-time juvenile justice officers will meet the same requirements as full time officers and will be issued a basic certificate.(7-1-26)T

a.Part-time juvenile justice officers who attend the basic juvenile justice academy will receive a basic certificate. Part-time juvenile justice officers who attend the part-time juvenile justice training will be issued a parttime juvenile justice certificate.(7-1-26)T

b.Part-time misdemeanor probation officers must work sixty (60) hours per year to maintain certification.(3-31-22)

c.Reserve peace officers will be issued a reserve peace officer certification.(3-31-22)

d.Marine deputies will be issued a marine deputy certification.(3-31-22)

02.Lapse of Certification. All part-time POST certifications shall lapse in the same manner as basic certifications, and as set forth in these rules.(3-31-22)

03.Decertification. All-part time officers are subject to decertification in the manner set forth in these rules.(3-31-22)

04.Limit and Authority. The certification and authority of part-time officers is not limited except where indicated in these rules.(3-31-22)

IDAPA 11.11.01.081 Reserve Peace Officer Certification

The Council may issue reserve peace officer certification for part-time employees of agencies who are assigned limited duties and work under the supervision of full-time, POST certified peace officers.(3-31-22)

01.Eligibility. An applicant for reserve peace officer certification must be a reserve peace officer employed on a part-time basis by an agency and meet minimum standards for employment as provided in these rules.

02.Reserve Officer Training. An applicant for reserve peace officer certification shall complete the POST approved reserve peace officer academy.(3-31-22)

03.Peace or Reserve Officers Certified In Another State, Commissioned by the Federal Government, or Graduates of a Basic Police Academy. An applicant who has served as a full-time certified peace officer in another state or as a full-time commissioned peace officer of the federal government within the five (5) years immediately preceding application or has served as a certified reserve officer in another state or a student who has completed an equivalent to the basic patrol academy within the three (3) years immediately preceding application is eligible for reserve officer certification without attending the reserve officer academy, provided he:(3-31-22)

a.Submits, with a reserve officer certification packet, records of certifications and training from other states, and transcripts, certificates, diplomas, or other documents that verify the officer's training and experience;

b.Discloses all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction;(3-31-22)

04.Absence of Three Years. An officer who has not served in law enforcement for over three (3) years must complete all requirements set forth in this section to be eligible for reserve peace officer certification.

05.Supervision. An agency utilizing reserve peace officers shall have a policy regarding the duties and supervision of certified reserve peace officers.(3-31-22)

06.Limitation on Certification. A reserve peace officer's certification is effective only while he is formally assigned to peace officer duties by the employing agency.(3-31-22)

07.Retaining Certification. A certified reserve peace officer must work a minimum of one hundred twenty (120) hours annually in a peace officer capacity to retain certification. (3-31-22)

IDAPA 11.11.01.082 Marine Deputy Certification

01.Appointment by Sheriff. Marine deputies may be appointed by the Sheriff of a county for the purpose of enforcing:(3-31-22)

a.The provisions of Title 67, Chapter 70, Idaho Code;(3-31-22)

b.The provisions of IDAPA 26, Title 01, Chapter 30, Administrative Rules of the Idaho Department of Parks and Recreation;(3-31-22)

c.City and county ordinances pertaining to watercraft and waterways; and(3-31-22)

d.Enforcement of Idaho Code as assigned by the Sheriff.(3-31-22)

02.Minimum Basic Training. A person desiring marine deputy certification shall complete the Council approved core curriculum, comprising basic law enforcement and marine specific courses.(3-31-22)

03.Peace Officer Eligibility. A person who, within the three (3) years immediately preceding application, has served as a full-time POST certified peace officer shall be eligible for POST marine deputy certification without completing the core curriculum, provided he completes required marine specific courses and passes the marine deputy certification examination.(3-31-22)

04.Certified or Commissioned in Another Jurisdiction; Graduate of Basic Police Academy. A person who has, within the three (3) years immediately preceding application, served as a full-time certified peace officer in another state, or served as a full-time commissioned peace officer for the federal government, or completed a basic police academy equivalent to the POST basic patrol academy may be eligible for POST marine deputy certification, provided he passes the POST marine deputy certification examination and meets all additional POST requirements for marine deputy certification.(3-31-22)

05.Absence of Three Years. A person who has not served as a marine deputy or as a peace officer for over three (3) years must complete the POST core curriculum to be eligible for marine deputy certification. (3-31-22)

IDAPA 11.11.01.083 Part-Time Juvenile Justice Officer Certification

A part-time juvenile justice officer must be certified by the Council within one (1) year of the date he was first employed as a part-time juvenile justice officer.(7-1-26)T

01.Eligibility. An applicant shall:(3-31-22)

a.Meet the definition of part-time juvenile justice officer as defined in these rules.(7-1-26)T

b.Meet the minimum standards for certification provided in these rules.(3-31-22)

c.Must have been employed by the agency for a minimum six (6) consecutive months, which may include part-time juvenile justice officer training time, prior to certification.(7-1-26)T

02.Requirements for Certification. An applicant must:(3-31-22)

a.Complete POST approved part-time juvenile justice officer training.(7-1-26)T

b.Complete POST approved part-time juvenile justice officer field-training of no less than forty (40) hours.(7-1-26)T

03.Retaining Certification. A certified part-time juvenile justice officer must work sixty (60) hours annually in a juvenile justice officer capacity to retain certification. Documentation of hours worked must be kept on file at the appointing agency. A part-time juvenile justice officer working less than sixty (60) hours annually must complete all requirements for certification set forth in this section to be recertified.(7-1-26)T

04.Limitations on Certification and Authority.(3-31-22)

a.A part-time juvenile justice officer's certification is effective only during those periods when he is formally assigned by the employing agency to perform the duties of a certified part-time juvenile justice officer.

(7-1-26)T

b.All certified part-time juvenile justice officers shall be directly supervised by a POST certified fulltime juvenile detention officer or POST-certified full-time juvenile justice officer, and each agency shall have a policy regarding supervision of part-time juvenile justice officers.(7-1-26)T

IDAPA 11.11.01.084 (Reserved)

IDAPA 11.11.01.090 Canine-Related Certifications

Canine related certificates ensure the competence of law enforcement canine teams and evaluators. These rules do not limit the use of canine teams employed by other states or federal agencies for law enforcement purposes, or the use of volunteer canine teams in which the handler is not an Idaho peace, detention, correction, or adult probation and parole officer.(3-31-22)

IDAPA 11.11.01.091 Canine Team Certification

01.Mandatory Certification.

A canine team shall be POST certified to perform law enforcement duties.(3-31-22)

02.Eligibility. A canine handler shall hold a POST law enforcement certification. Contract employees are not eligible for canine team certification.(3-31-22)

03.Areas of Certification. The Council shall certify a canine team which successfully demonstrates the handler’s ability to control the dog, under the scrutiny of an evaluator, in addition to proficiency in one (1) or more areas as deemed by the Council.(3-31-22)

04.Evaluation. Evaluators of canine teams shall use POST standards for that particular skill category.

Performance shall be rated on a pass/fail basis. The evaluator may discontinue testing if excessive time has been spent without results. The evaluator shall not be the owner or handler of the dog being evaluated, and not have a proprietary interest in the training of the team being evaluated. A Regional Training Specialist shall be notified of all canine certification testing.(3-31-22)

05.Failed Evaluation. If a team fails any portion of an evaluation, the entire evaluation is considered as having been failed. All skills shall be repeated and successfully demonstrated during retesting. The team shall wait at least twenty-four (24) hours before retesting, and be retested by the same evaluator, or his designee, that evaluated the failed test.(3-31-22)

06.Expiration of Certification. POST Canine Certification is valid for fifteen (15) months. A canine team must be evaluated prior to their certification expiration date to maintain certification. Certification shall lapse if the handler and canine dog cease to perform canine team functions together.(3-31-22)

IDAPA 11.11.01.092 Canine Evaluator Certification

01.Certification. POST shall certify applicants who meet the requirements set forth in this section and are deemed qualified by their training and experience to evaluate police canine teams. Certificates shall be issued in the areas of Patrol and Detection.(3-31-22)

02.Eligibility. To be eligible for a Canine Evaluator Certificate, each applicant shall:(3-31-22)

a.Possess a current or previous POST professional certification and not have been previously decertified as a public safety official in any jurisdiction and comply with any additional provisions required by POST.

03.Retaining Certification. A certified canine evaluator shall evaluate a minimum of four (4) dogs every two (2) years in the discipline in which they are certified to evaluate. Any evaluator not satisfying this requirement shall complete all requirements for initial canine evaluator certification to be recertified.(3-31-22)

04.Revocation. The Council may revoke Canine Evaluator certification if an evaluator is deemed unqualified to continue evaluating police canine teams. Review of canine evaluator certification may be initiated upon the request of an agency head, other reliable source or the Council.(3-31-22)

IDAPA 11.11.01.093 (Reserved)

IDAPA 11.11.01.100 Lapse of Basic Certification – Reinstatement

01.Lapse by Time. POST basic certification in any discipline will lapse if the officer does not serve as an officer in the discipline of certification in Idaho for three (3) consecutive years. The three-year period will be tolled during any time an officer is the subject of a POST decertification investigation and is no longer employed in law enforcement.(3-31-22)

02.Exception for Officers Remaining With Agency. A POST certified officer who changes from one certified discipline to another certified discipline while remaining with the same agency will retain certification in the original discipline in which he was employed if he satisfies continuing training requirements.

03.Reinstatement After Three to Five Years Absence. An officer who has not served in full-time law enforcement from three (3) to five (5) years must meet the following requirements to be recertified:(3-31-22)

a.Submit a POST Certification Challenge Packet;(3-31-22)

b.Disclose all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction.(3-31-22)

d.Satisfy any applicable probationary period set forth in these rules.(3-31-22)

04.Reinstatement After Five Years to Eight Years Absence. An officer who has not served in fulltime law enforcement for over five (5) years but less than eight (8) years must attend a basic training academy to be recertified.(3-31-22)

a.The Council may waive this requirement on a showing of good cause supported by clear and convincing evidence that during a substantial part of the that time out of full-time law enforcement, the officer engaged in an occupation requiring law enforcement training, skill, and experience equivalent to that required in the officer’s discipline of certification. This evidence must be submitted with a POST challenge packet.(3-31-22)

b.Upon receiving a waiver, the officer must:(3-31-22)

i.Disclose all information regarding any decertification investigation or proceeding or the equivalent from any other jurisdiction.(3-31-22)

ii.Satisfy any applicable probationary period set forth in these rules.(3-31-22)

iii.Comply with any additional provisions required by POST.(3-31-22)

05.Reinstatement After Eight Years Absence. An officer who has not served in full-time law enforcement for over eight (8) years must attend a basic training academy to be recertified.(3-31-22)

IDAPA 11.11.01.101 (Reserved)

IDAPA 11.11.01.110 Decertification

01.Mandatory Decertification.

The Council shall decertify any person for:(3-31-22)

a.A conviction of any felony or offense which would be a felony if committed in Idaho;(3-31-22)

b.A conviction for a misdemeanor offense involving domestic violence;(3-31-22)

c.Willfully falsifying or omitting any material information to obtain certification;(3-31-22)

d.Violating any provision of the Idaho Uniform Controlled Substances Act, Section 37-2701 et seq., Idaho Code, whether charged or not, or of a comparable statute of another state or country, if the violation occurred while employed as a law enforcement officer, in a prosecutorial position, or in a position of public safety, regardless of when the illegal use occurred.(3-31-22)

02.Discretionary Decertification. The Council may decertify any person for:(3-31-22)

a.A conviction of any misdemeanor;(3-31-22)

b.A violation of the Council’s Code of Ethics;(3-31-22)

c.Criminal conduct whether charged or not;(3-31-22)

d.Consuming alcoholic beverages on duty, except as necessary for the lawful performance of duties;

e.Harassment or intimidation;(3-31-22)

f.Lying or falsifying official written or verbal communications;(3-31-22)

g.Inappropriate sexual conduct while on duty;(3-31-22)

h.An inappropriate relationship, sexual or otherwise, with a person who the officer knows or should have known is a victim, witness, defendant, or informant in an ongoing investigation or adjudication;(3-31-22)

i.Unauthorized use or unlawful conversion of the employing agency’s property, equipment, or funds;

j.Intentional and unauthorized disclosure of confidential information or information that may compromise an official investigation;(3-31-22)

k.Failure to report being charged with a felony or misdemeanor within five (5) business days;

l.Failure to respond or to respond truthfully to questions related to an investigation or legal proceeding.(3-31-22)

03.Required Notifications by Officers and Agencies.(3-31-22)

a.An officer charged with a felony or a misdemeanor shall notify his agency head within five (5) business days.(3-31-22)

b.The agency head of an officer charged with a felony or misdemeanor shall notify the Division Administrator within fourteen (14) days of learning of the charge.(3-31-22)

c.A person who is not currently employed by a law enforcement agency but is certified by POST shall notify POST of a misdemeanor or felony charge within fourteen (14) business days.(3-31-22)

04.Effect of Decertification.(3-31-22)

a.A person decertified by the Council is ineligible for POST certification of any kind for ten (10) years following the date of decertification. After the expiration of ten (10) years an agency head may petition the Council to allow a decertified officer to attend a basic academy and become certified.(3-31-22)

b.No decertified person shall exercise any law enforcement authority until recertified. Any officer who is the subject of a decertification investigation is ineligible for any additional POST certification while under investigation.(3-31-22)

c.Voluntary resignation or relinquishment of certification(s) has the same full force and effect as decertification in a contested case.(3-31-22)

IDAPA 11.11.01.111 Decertification Proceedings-General Provisions

01.Legal Authority. In accordance with the Idaho Rules of Administrative Procedure of the Attorney General, IDAPA 04.11.01.050, the Council partially declines to adopt the procedures established in IDAPA 04.11.01, but to the extent that the Council does adopt specific rules found in IDAPA 04.11.01 et seq. those rules are specified below. The procedures for fair hearings are provided within these rules to meet the unique requirements of the law enforcement profession for expeditious resolution of contested cases in order to assure public safety and to secure a just, speedy and economical determination of all matters presented to the Council. These procedures meet or exceed minimum Constitutional requirements for due process while allowing the Council to fulfill its obligations to protect the safety of the public and the integrity of the law enforcement profession.(3-31-22)

02.Overview. Pursuant to Idaho Code Section 19-5113, the Division Administrator shall investigate all trustworthy allegations of misconduct by a person holding POST certification and determine whether decertification proceedings will be commenced.(3-31-22)

03.Stipulation or Relinquishment. At any time during the course of an investigation, the person being investigated may stipulate to decertification or otherwise relinquish their certifications.(3-31-22)

IDAPA 11.11.01.112 Decertification Proceedings-Due Process Procedures

If the Division Administrator determines through investigation (which constitutes the complaint for the purpose of a contested case proceeding before the agency) that the allegations of misconduct by a person, which if proven, are cause for decertification, the person shall be provided with notice and an opportunity to respond before a decision regarding decertification is made.(3-31-22)

01.Notice of Intent to Decertify. The Division Administrator shall provide the person who is the subject of the proceeding with a notice of the intent to decertify, which shall include:(3-31-22)

a.The basis for the contemplated decertification and an explanation of the evidence supporting the intended action.(3-31-22)

b.That the person has a right to be represented by a person of their own choosing.(3-31-22)

c.That the person may file a written response to object to the notice of intent to decertify. Said response shall be made within fourteen (14) days from the date of service of the notice of intent to decertify. The written response shall be made to the Division Administrator, setting forth any reasons why the intended action should not be taken. Concurrent with the written response, a written request may also be made for a conference with the Division Administrator to provide reasons why the intended action should not be taken.(3-31-22)

d.That the person may waive a response by submitting a written waiver to the Division Administrator.(3-31-22)

e.That, if the person waives a response or fails to respond within the designated time, signs an agreement to decertification or relinquishes their certificates; the Division Administrator will enter an order of decertification.(3-31-22)

02.Stipulation or Relinquishment. A person may stipulate to decertification or otherwise relinquish their certifications, and the Division Administrator shall enter an order of decertification.(3-31-22)

03.Decision – Request for Hearing. After the person who is the subject of the decertification proceeding has responded or waived a response, or the period to respond has expired, the Division Administrator shall, within twenty-eight (28) days, issue a decision on decertification.(3-31-22)

a.The decision shall include findings of fact and conclusions of law and becomes a final order unless the person files a request for a hearing on the decision with the Council within fourteen (14) days of the date of service of the Division Administrator’s decision.(3-31-22)

b.A request for hearing shall include a brief statement of the issues upon which the person contends a hearing is required.(3-31-22)

04.Hearing and Order. Upon receipt of a request for hearing, the Council shall assign the matter to a hearing officer for hearing. IDAPA Rules 04.11.01.410 through 04.11.01.417 apply to hearing officers.(3-31-22)

a.The heari ng officer shall have the power to subpoena witnesses, administer oaths, examine evidence and witnesses and request additional information from the parties.(3-31-22)

b.The person who is the subject of the proceeding shall have the right to be represented at the hearing by a person of their own choosing and the right to conduct discovery.(3-31-22)

c.Prior to submitting testimonial evidence, the person shall receive an administrative warning requiring that he provide testimony truthfully, and to acknowledge his understanding that no statements provided shall be used against him in criminal proceedings, based on Garrity v. New Jersey, 385 U.S. 493 (1967).(3-31-22)

d.The hearing shall be recorded at the Council’s expense. The recording will be the official record of the hearing. Any party to the action may, at their expense, request that a transcript of the hearing be prepared or that additional recordings be made. Such a request shall be approved if the additional recording does not distract from or disrupt the hearing.(3-31-22)

e.Pursuant to Idaho Code Section 19-5113, the Division Administrator shall have the authority to compel the attendance and testimony of witnesses and production and examination of books, papers, and records.

f.At the conclusion of proceedings, the hearing officer shall issue a decision in writing consisting of findings of fact, conclusions of law and an order that the person be decertified or that POST failed to show grounds for decertification and that the person be reinstated as an officer. The decision and the record of the proceedings, shall be filed with the Council.(3-31-22)

g.The decision shall become a final order unless a petition for review by the full Council is filed with the Council within twenty-eight (28) days of the date of the decision. A petition for review shall include a brief statement of the basis upon which review is requested.(3-31-22)

h.Where the decision directs the reinstatement of the person’s certification, the Division Administrator shall reinstate certification upon the expiration of the time for filing a petition for review.(3-31-22)

05.Petition for Agency Review.(3-31-22)

a.Upon receipt of a petition for agency review, the Council shall issue a briefing schedule allowing the petitioner an opening brief, the respondent a response brief and the petitioner a reply brief. The Council shall review the record, briefs submitted and may allow oral argument. The petitioner may be represented by a person of their own choosing.(3-31-22)

b.The Council may affirm, reverse, or modify the decision of the hearing officer, or may hold additional hearings or remand the matter. The Council’s decision shall be a final order and may be appealed to district court by filing a petition for judicial review within twenty-eight (28) days of the date of service of the Council’s decision.(3-31-22)

06.Service. Service of all notices to be given, orders or other documents under Section 092 shall be by personal service, facsimile, other electronic means, or by U.S. mail, regular or certified, with postage prepaid, addressed to a party's last known address.(3-31-22)

07.Public Notice. The names, agency and violation(s) of those persons whose certifications have been revoked are publicly available.(3-31-22)

IDAPA 11.11.01.113 (Reserved)

IDAPA 11.11.01.120 Post Instructor Certification

To ensure the competence of instructors of subjects pertinent to law enforcement personnel, the Council will certify instructors who meet the requirements set forth in these rules.(3-31-22)

IDAPA 11.11.01.121 Post Instructor Certification – General Provisions

01.POST Training Credit. PO ST will grant training credit for completion of training conducted by POST or instructed entirely by POST certified instructors provided the training is documented and meets POST training standards.(3-31-22)

02.Agency Responsibility. Agencies, school directors, and POST Academy and Regional Training Specialists shall supervise, monitor, and audit instructors and courses to ensure that instructional excellence is maintained.(3-31-22)

IDAPA 11.11.01.122 Requirements for Instructors of

LAW ENFORCEMENT SUBJECTS.

In addition to the other requirements for i nstructor certification set forth in these rules, instructors of law enforcement subjects must meet the following requirements.(3-31-22)

01.Experience and Certification. An applicant must have a minimum of three (3) years of law enforcement experience, possess current or previous Idaho POST professional certification, and must not have been previously decertified as a law enforcement official of any jurisdiction.(3-31-22)

02.Instructor Development Course. An applicant must complete the POST Instructor Development Course or approved equivalent.(3-31-22)

03.Additional Requirements. An applicant must comply with any additional provisions required by POST.(3-31-22)

IDAPA 11.11.01.123 Requirements for High Liability Instructor Endorsement

POST certified instructors must obtain additional endorsements to instruct any topics deemed as “high liability” by the Council.(3 -31-22)

01.Completion of a High Liability Instructor School. An applicant for High Liability Instructor Endorsement must complete all requirements of the POST instructor course specific to the high liability topic area in which the applicant intends to instruct.(3-31-22)

02.Application. After meeting the requirements for POST instructor certification, the applicant must submit a completed POST High Liability Instructor Endorsement Application Packet and must comply with any additional provisions required by POST.(3-31-22)

03.Multiple Endorsements. A current POST endorsed high liability instructor applying for instructor endorsement in an additional high liability topic area must meet the requirements of this section for the additional topic area prior to endorsement in that topic.(3-31-22)

04.Instruction Pending Endorsement. Prior to evaluation by a Regional Training Specialist, high liability instructor endorsement applicants cannot act as an instructor for any course offered for POST training credit in the intended topic area: Following completion of the POST instructor course specific to the intended high liability intended topic area, and upon notice from the Regional Training Specialist, the applicant may begin co-instruction of in the intended topic area, in preparation for evaluation.(3-31-22)

05.Continuing Training Requirements. High liability instructors must complete a minimum of eight (8) hours of continuing instructor training every two (2) years, including use of force law, liability, and further instructor training specific to the endorsed topic area(s).(3-31-22)

IDAPA 11.11.01.124 Requirements for Canine Instructor Certification

POST canine instructor certificates recognize the competency of instructors of canine subjects pertinent to law enforcement. In addition to the other requirements set forth in these rules of POST Instructors, the following are necessary for award of a POST canine instructor certificate:(3-31-22)

01.Canine Instructor School. The applicant must have completed a POST approved Canine Instructor School.(3-31-22)

02.Certification and Service in Specific Discipline. The applicant must have served a minimum of five (5) years as a handler and have a minimum of five (5) annual certifications in the specific discipline for which certification is sought.(3-31-22)

03.Canine Training. The applicant must have received a minimum of six hundred eighty (680) hours of canine training.(3-31-22)

04.Recommendation. The applicant must be recommended for canine instructor certification by a committee comprised of a POST Training Specialist and two (2) POST certified canine instructors.(3-31-22)

05.Application. After meeting the foregoing requirements, the applicant must submit a completed Certified Instructor Packet to POST.(3-31-22)

06.Requirements for Maintaining Certification. To maintain certification, a POST certified canine instructor must teach a minimum of forty (40) hours every two (2) years in the specific discipline they are certified to teach.(3-31-22)

07.Additional Requirements for Patrol Canine Instructor Certification. In addition to the requirements in this section, applicants for Patrol Canine Instructor Certification must obtain a High Liability Instructor Endorsement.(3-31-22)

IDAPA 11.11.01.125 Master Instructor Certification

POST master instructor certificates recognize exceptional competence as an instructor of instructors in subjects pertinent to law enforcement personnel. The Council will determine master instructor disciplines. In addition to the requirements otherwise set forth in these Rules, the following are required for award of a master instructor certificate.

01.POST Instructor Certification. POST will determine the number of master instructor certifications issued based upon POST’s need of instructors. An applicant shall be a current POST certified instructor in the subject for which master instructor certification is sought in for a minimum of three (3) years prior to application. The Council may, upon written request, waive this requirement in exceptional cases. An applicant shall:

02.Instruction. Have instructed a minimum of forty (40) hours of classes in the subject for which he is applying for master instructor certification during each of the previous two (2) years.(3-31-22)

03.Additional Training or Education. Have received additional training or education beyond basic training in the area of their instructor certification.(3-31-22)

04.Exceptional Ability. Have demonstrated exceptional ability to develop and present training.

05.Recommendation. Be recommended for master instructor certification by a Regional Training Specialist or POST certified master instructor.(3-31-22)

06.Maintain Certification. Teach a minimum of one (1) instructor class during the certification period to maintain certification.(3-31-22)

07.Compliance With Other POST Requirements. Comply with any additional provisions required by POST.(3-31-22)

IDAPA 11.11.01.126 Maintaining Post Instructor Certifications and Endorsements

01.Renewal of High Liability Endors ement. High liability instructor endorsements are valid for two (2) years, except Firearms endorsements which are valid for one (1) year, provided the instructor remains in good standing and complies with all POST requirements for in-service training. To renew the endorsement, the instructor must comply with any additional provisions required by POST.(3-31-22)

02.Renewal of Master Instructor Certification. Master instructor certification is valid for three (3) years. To renew the certification, the instructor must comply with any additional provisions required by POST.

03.Renewal of Canine Instructor Certification. Canine instructor certification is valid for two (2) years. To renew the certification, the instructor must comply with any additional provisions required by POST.

04.Lapse of POST Instructor Certification. Except as otherwise set forth in these rules, POST instructor certification is valid indefinitely, provided it is not suspended or revoked, the instructor remains in good standing, and complies with all POST in-service training requirements.(3-31-22)

a.Instructors who fail to instruct for a period of two (2) years will be deemed inactive and may not instruct as a POST instructor until they have reapplied.(3-31-22)

b.Inactive instructors may be required to complete a POST approved instructor orientation course.

IDAPA 11.11.01.127 Suspension and Revocation of Instructor Certification or Endorsement

01.Suspension.

The Division Administrator may suspend instructor certification or endorsement for up to one year if an instructor significantly or repeatedly fails to develop, document, conduct, or report training activities according to POST standards, or fails to abide by the POST Instructor Code of Ethics. A suspension will initiate an immediate review to determine if a revocation of the instructor’s certificate is warranted.(3-31-22)

02.Revocation. The Council may revoke instructor certification if an instructor is deemed unqualified to continue instructing. Review of instructor certification may be initiated upon request of an agency head, school director or coordinator, POST Division Administrator, the Council, or other reliable source.(3-31-22)

IDAPA 11.11.01.128 (Reserved)

IDAPA 11.11.01.130 In-Service Training Requirements

The Council may, as a condition of continuing certification , require law enforcement officers to attend in-service training meeting POST standards.(3-31-22)

IDAPA 11.11.01.131 In-Service Training Requirements for Retaining Basic Certification

01.Peace Officers.

To retain POST certification, a peace officer must complete a minimum of forty (40) hours of continuing law enforcement training as directed by the POST Council every two (2) calendar years beginning January 1 following the date the officer was certified. This training must include a combined minimum twenty-four (24) hours of continuing law enforcement training in the following topics:(3-31-22)

a.Firearms: Eight (8) hours and an annual proficiency test (qualification);(3-31-22)

b.Arrest Techniques/Defensive Tactics (ARCON): Eight (8) hours;(3-31-22)

c.Emergency Vehicle Operation: Four (4) hours;(3-31-22)

d.Legal Update(s): Four (4) hours. (3-31-22)

02.County Detention Officers. To retain POST certification, a county detention officer must complete a minimum of forty (40) hours of continuing law enforcement training related to law enforcement every two (2) calendar years beginning January 1 following the date the officer was certified.(4-6-23)

03.Emergency Communications Officers. To retain POST certification, an emergency communications officer must complete a minimum of forty (40) hours of continuing training related to public safety emergency communications every two (2) calendar years beginning January 1 following the date the officer was certified.(3-31-22)

04.Tolling of Two-Year Period. The two (2) year continuing training period shall be tolled while an officer is on active military duty, and recommence upon the officer’s return to duty with his agency. The agency shall submit a Notice of Separation/Change in Status form upon the officer’s departure from and return to the agency.

IDAPA 11.11.01.132 Documentation of in-Service Training

01.Agency Responsibility to Ens ure Accuracy of Training Records. Agency heads are required to ensure POST records of agency personnel training are up to date and complete as of December 31 of each year.

02.Agency Retention of Training Records. Each agency shall maintain, and make available to POST, records of each in-service training course provided, including:(3-31-22)

a.The name of the course provider and name and resume of the course instructor;(3-31-22)

b.The course learning objectives, the number of instructional hours, the number of in-service training hours awarded and the attendance roster.(3-31-22)

c.The names of the trainees completing the course and the date of completion.(3-31-22)

03.POST Training Credit. No officer may receive POST training credit for training which has not been certified or approved by POST.(3-31-22)

04.Notice of Non-Compliance. POST shall give written notice to officers who are not in compliance with in-service training requirements, and their agency heads. If an officer is not in compliance by December 31 of a two-year training cycle, his certification shall be suspended beginning January 1 of the following calendar year, unless an extension of time, not to exceed six (6) months, is granted by POST. The Division Administrator, may grant an additional extension of time for good cause shown.(3-31-22)

05.College Courses. An officer fulfilling continuing training requirements by successfully completing a college course must have the college provide the employing agency with a transcript. The agency will make the transcript available to POST upon request.(3-31-22)

IDAPA 11.11.01.133 Post Credit for in-Service Training

01.Credit for POST In-Service Training Provided by a Post Certified Ins tructor in Idaho. POST will grant training credit for in-service training according to the following criteria:(3-31-22)

a.The training was provided by Idaho POST Certified Instructor(s). One (1) or more training instructors for any class must be POST certified. Instructors who are not POST certified will not be given credit for POST instructor hours.(3-31-22)

b.The training was at least thirty (30) minutes in length.(3-31-22)

02.Credit for POST In-Service Training Provided by an Organization or Vendor who is not POST Certified. All third-party in-service training must be pre-approved. The Council may maintain a list of organizations and vendors that will be exempt from this pre-approval process based on their reputation providing quality training, that are well established training organizations within the law enforcement training community, or that are offered through a regionally accredited college or university. Organizations and vendors who do not meet the criteria established through the Council, or its designee must meet the following criteria.(3-31-22)

a.At least thirty (30) days prior to an in-service training session, the host agency will submit the following documents to a Regional Training Specialist:(3-31-22)

i.A course outline;(3-31-22)

ii.A description of the subject material and the time period to be devoted to each subject area;

iii.A description of the enforcement personnel to be instructed;(3-31-22)

iv.A résumé on each instructor, unless the instructor is POST certified or approved; and(3-31-22)

v.A lesson plan and all presentation and handout materials used in the course.(3-31-22)

b.The course must be at least four (4) hours in length.(3-31-22)

c.Any course which has been approved through this process, may be placed on the Council’s designated pre-approved list after meeting the following criteria:(3-31-22)

i.The course has been taught at least once in a calendar year, for at least three (3) consecutive years; or(3-31-22)

ii.Is approved by the International Association of Directors of Law Enforcement Standards and Training (IADLEST) and placed on the IADLEST national course certification index.(3-31-22)

03.Course Attendance Roster. A lead instructor or facilitator must submit an original or electronic POST course attendance roster no later than thirty (30) days following the completion of the training for POST training credit approval.(3-31-22)

04.Training Outside of Idaho. In-service training which is delivered outside of Idaho will be considered POST approved if the trainee provides any of the following:(3-31-22)

a.The training was approved by the state’s equivalent of POST, where the training occurred; or

b.The training course was approved by the International Association of Directors of Law Enforcement Standards and Training (IADLEST); or(3-31-22)

c.The training course meets the criteria set forth above; and(3-31-22)

d.Is submitted within thirty (30) days of the completion of the course; and(3-31-22)

e.The trainee provides POST with the location, hours of the training, and a course syllabus or table of contents.(3-31-22)

IDAPA 11.11.01.134 Alternative Methods of in-Service Training

The Council may approve alternative methods of delivering training, including but not limited to training by vid eotape or compact discs, computer programs, internet-based training or written correspondence.(3-31-22)

01.Training Medium. The training medium utilized must be indicated on the application for approval of the training.(3-31-22)

02.Specialized Equipment. The applicant must provide POST with any specialized equipment, software, network access, etc. needed for the evaluation, at no cost at the time of application.(3-31-22)

IDAPA 11.11.01.135 (Reserved)

IDAPA 11.11.01.140 Law Enforcement Certification Program Approval

POST approval of a law enforcement certification program is established to ensure that instruction offered by such programs is equivalent to or exceeds POST basic academy training.(3-31-22)

IDAPA 11.11.01.141 Law Enforcement Certification

PROGRAM – GENERAL PROVISIONS.

01.Eligibility.

To be eligible for approval as a law enforcement certification program, program must comply with all Idaho Department of Education standards if applicable, for such programs, and all other requirements of these rules.(3-31-22)

02.Permission to Proceed With Approval Process. A program seeking approval as a law enforcement certification program must receive permission to proceed from POST prior to beginning the approval process, comply with the requirements of these Rules, and contact a Regional Training Specialist to schedule an onsite assessment.(3-31-22)

03.Initial Assessment. POST will conduct an on-site assessment and provide the results to the program coordinator.(3-31-22)

a.If the assessment finds that all requirements for program approval have not been met, the program will be given ninety (90) days to correct the deficiencies and a Regional Training Specialist will conduct a second onsite assessment.(3-31-22)

b.If all requirements for the program approval are met, the Council will approve the program.

04.Assessment Visits. POST may conduct scheduled and unscheduled visits to entities seeking law enforcement certification program approval and currently- approved programs, to assess adherence to POST standards.(3-31-22)

05.Expiration and Renewal of Certification.(3-31-22)

a.Initial and subsequent law enforcement certification program approval is valid for two (2) years.

b.Renewal of program certification must be completed every two (2) calendar years, expiring December 31 of the second calendar year. (3-31-22)

IDAPA 11.11.01.142 Administration of College or University Program

A college or university law enforcement ce rtification program shall have an advisory committee comprised of the Division Administrator or his designee and criminal justice executives or their designees from several agencies representative of the region the program serves.(3-31-22)

01.Chair and Vice-Chair; Selection; Term. The advisory committee will elect a chair and vice-chair from among the committee members other than the Division Administrator or designee. The terms of office will be initially staggered. No chair or vice-chair may serve in that capacity for longer than four (4) consecutive years.

02.Duties of Chair and Vice-Chair. The chair or vice-chair schedule meetings and set agendas for advisory committee, meetings, work with the program coordinator and the program’s administration, and perform other duties as necessary.(3-31-22)

IDAPA 11.11.01.143 Maintenance of Records

A law enforcement certification program must maintain:(3-31-22) 01.

Course File. A file for each POST approved law enforcement training course it conducts, including curriculum, class schedules, attendance and discipline records, counseling records, tests with answer sheets, a course summary, and course evaluations.(3-31-22)

02.Student Training File. A training file for each student including sufficient records to determine whether the student has completed all performance objectives.(3-31-22)

03.Instructor File. A file for each instructor for the program including proof that the instructor is POST certified for each subject the instructor teaches, a copy of the instructor’s student evaluations for the past year, and any other pertinent information related to the instructor's performance.(3-31-22)

IDAPA 11.11.01.144 (Reserved)

IDAPA 11.11.01.145 Post-Graduation Self-Evaluation

A law enforcement certification program must conduct post-gradu ation evaluations of its entry-level training from six (6) to twelve (12) months after students leave the program, and must assess the relevance of the training to current law enforcement practices.(3-31-22)

IDAPA 11.11.01.146 Instruction

A law enforcement certification program must:(3-31-22)

01.Monitoring of Instruction. Conduct periodic and random monitoring of instruction to ensure that lesson plans are being used, objectives are being addressed, appropriate instructional aids are available and being used properly, the instructor is in control and engaging the students; and classroom conditions such as lighting, noise levels, and temperature are acceptable.(3-31-22)

02.Lesson Plans. Have a lesson plan on file for every training class and must review and update lesson plans and curricula on a regular basis to ensure compliance with POST requirements.(3-31-22)

03.Evaluation of Instructors. Require students to complete written evaluations of every instructor.

04.Student Complaints. Investigate any student complaint regarding an instructor or the training process.(3-31-22)

IDAPA 11.11.01.147 Standards

01.Law Enforcement Certification Program Student. S hall:(3-31-22)

a.Meet the minimum standards for POST certification as set forth in these rules, with the exception of age.(3-31-22)

b.Attest that he has read, understands, and will abide by the Law Enforcement Code of Conduct as set forth in these rules.(3-31-22)

02.Law Enforcement Certification Program. Shall:(3-31-22)

a.Have an integrity policy, which provides that dishonesty, including academic dishonesty, plagiarism and untruthfulness are grounds for disciplinary action and expulsion. All students shall review this policy on entering the program.(3-31-22)

b.Have a policy prohibiting students from social contact, on or off campus, with staff members or instructors. Students and program staff or instructors shall maintain a professional relationship at all times. (3-31-22)

c.Address other standards of conduct and behavior that reflect courtesy, consideration, and respect for others. Any conduct detrimental to the conduct, efficiency, or discipline of the program is prohibited.(3-31-22)

IDAPA 11.11.01.148 Periodic Assessment by Post

01.Assessment. POST will perform periodic on-site assessments of each law enforcement certification program. POST will provide the program coordinator with no less than two (2) weeks notice prior to the assessment, and notify the program coordinator of the results.(3-31-22)

02.Failure to Comply With Standards; Reassessment. If a law enforcement certification program does not meet all requirements for POST approval, the Council may suspend approval and direct corrective action.

a.The program must remedy all deficiencies within ninety (90) days of the initial assessment unless the Council grants an extension of time.(3-31-22)

b.After ninety (90) days, or the applicable period if an extension of time is granted, POST will conduct a reassessment of the program. If all deficiencies are corrected, the Council will approve the program.

c.If all standards are not met, POST will notify the program administrator and, if applicable, the chairman of the program’s advisory committee of the continuing deficiencies. The Council will review the reassessment report and may grant additional time to correct the deficiencies.(3-31-22)

d.If all deficiencies are not corrected, the Council will revoke approval.(3-31-22)

IDAPA 11.11.01.149 (Reserved)

11.10.02 Rules Governing State Criminal History Records and Crime Information

IDAPA 11.10.02.000 Legal Authority

Sections 67-3001, 67-3003, 67-3004, 67-3007, and 67-3010, Idaho Code.(7-1-26)

IDAPA 11.10.02.001 Scope

The rules relate to the governance and operation of criminal history records and crime information.(3-23-22)

IDAPA 11.10.02.002 (Reserved)

IDAPA 11.10.02.010 Definitions

Except as otherwise specifically provided, the terms defined or abbreviated in Section 67-3001, Idaho Code, have the same meaning in these rules.(3-23-22)

01.Acquittal. The legal certification by a jury or judge that a person is not guilty of the crime charged.

02.Criminal Summons. Includes any summons, information or indictment issued in a criminal proceeding or action.(3-23-22)

03.Dismissal. Termination of a criminal action without further hearing or trial in the interest of justice.

04.Expunge. Destroy, delete, erase, or seal a criminal history record.(7-1-26)

05.Serious Misdemeanor. A crime, that if convicted, could be punishable by imprisonment in a county jail.(3-23-22)

IDAPA 11.10.02.011 (Reserved)

IDAPA 11.10.02.021 Expungement Procedure

A person seeking to expunge their criminal history record must:(3-23-22)

01.Application. Submit the proper completed application to the Bureau of Criminal Identification as provided by the Bureau.(3-23-22)

2. Information. Include a copy of one (1) of the following to the Bureau of Criminal Identification:

a.Criminal citation; or(3-23-22)

b.Criminal Summons, Complaint, and Affidavit of Service by the county sheriff’s office; or

c.Indictment; or(3-23-22)

d.Information.(3-23-22)

03.Certified Copy of Order of Acquittal or Order of Dismissal.(3-23-22)

a.Include a certified copy of the order of acquittal; or(7-1-26)

b.A certified copy of the dismissal order, showing all charges related to that arrest were dismissed.

IDAPA 11.10.02.022 (Reserved)

IDAPA 11.10.02.023 Procedure for Contesting the Accuracy and Completeness of a Criminal

HISTORY RECORD CONTAINED IN AGENCY FILE.

01.Challenge Accuracy of Records.

A person may challenge the accuracy and correctness of their criminal history records contained in the Bureau’s database.(3-23-22)

a.The applicant must submit fingerprints to the Bureau of Criminal Identification for comparison.

b.If the applicant’s fingerprints do not match those contained in the Bureau’s database, the applicant will be notified by mail.(7-1-26)

c.If the applicant’s fingerprints match, but the applicant has documentation showing the information is in error, the applicant may submit such information to the Bureau of Criminal Identification for correction.

d.The Bureau of Criminal Identification will correct its records per the direction of the law enforcement agency where the initial criminal action arose or appropriate court order.(7-1-26)

IDAPA 11.10.02.024 (Reserved)

IDAPA 11.10.02.031 Fees for Services

The Bureau shall charge fees as follows:(3-23-22)

01.Fingerprint Check. Not more than twenty-five dollars ($25) for each fingerprint check requested for other than law enforcement purposes.(3-23-22)

02.Name Check. Not more than twenty dollars ($20) for each name check requested for other than law enforcement purposes.(3-23-22)

03.Rolling Fingerprint. Not more than ten dollars ($10) for rolling a set of fingerprints and no more than five dollars ($5) for each additional copy of such rolled fingerprints.(3-23-22)

IDAPA 11.10.02.032 (Reserved)

11.13.01 The Motor Carrier Rules

IDAPA 11.13.01.000 Legal Authority

Section 67-2901A, Idaho Code.(7-1-24)

IDAPA 11.13.01.001 Scope

These rules apply to intrastate, and foreign motor carriers providing transportation of persons or property over Idaho highways by motor vehicles in the furtherance of their business or for hire.(7-1-24)

IDAPA 11.13.01.002 Incorporation by Reference and Federal Waiver

Amendments to the annual volumes are published in the Federal Register, pending their incorporation in the next annual volumes.

Whenever a federal regulation is adopted by reference in these rules, subsequent recompilations are also adopted by reference, but subsequent amendments are not.(7-1-24)

01.Safety Fitness Procedures. 49 CFR subtitle B, chapter III.(7-1-24) a.49 CFR, Subtitle B, Chapter III, Subchapter B: eCFR :: 49 CFR Chapter III Subchapter B -- Federal Motor Carrier Safety Regulations.(7-1-24) b.49 CFR, Subtitle B, Chapter I, Subchapter C: eCFR :: 49 CFR Chapter I Subchapter C -- Hazardous Materials Regulations.(7-1-24)

02.Transportation of Hazardous Materials, Substances, and Wastes.(7-1-24) a.40 CFR Part 262 and 49 CFR, Subtitle B, Chapter I, Parts 107, 171, 172, 173, 177, 178, and 180. b.40 CFR 262: eCFR :: 40 CFR Part 262 -- Standards Applicable to Generators of Hazardous Waste. c.49 CFR Parts 107, 171, 172, 173, 177, 178, and 180: eCFR : 49 CFR Chapter I -- Pipeline and Hazardous Materials Safety Administration, Department of Transportation.(7-1-24)

03.Exemptions 1. Whenever any of these federal regulations would otherwise exempt intrastate carriers from any of their requirements, the exemption does not apply to intrastate carriers who will remain subject to the same requirements.(7-1-24)

04.Carrier Safety Requirements. 49 CFR Parts 356, Subtitle B, Chapter III, Subchapter B, Sections 365, 380, 382, 383, 385, 386, 387, 388 and 390 through 399.(7-1-24)

a.Adopted codes available at: eCFR: 49 CFR Chapter III Subchapter -- Federal Motor Carrier Safety Regulations.(7-1-24)

05.Exemptions 2. Whenever these federal regulations (except Section 391.11(b)(1)) would otherwise exempt intrastate carriers from any of their requirements, the exemption does not apply to intrastate carriers who will remain subject to the same requirements.(7-1-24)

06.Recognition of Federal Waivers. Whenever a driver or carrier has applied to a federal agency and been granted a waiver from any of the requirements of these federal regulations incorporated by reference in these rules, the federal waiver will also be recognized under these rules. The Department reserves the authority to implement a waiver program and grant waivers on the state level for intrastate commercial motor vehicle drivers.

IDAPA 11.13.01.003 (Reserved)

IDAPA 11.13.01.008 Forms

The Idaho State Police Commercial Vehicle Safety Program Manager is authorized to produce and distribute forms and reports to carry out these rules.(7-1-24)

IDAPA 11.13.01.009 Relief from Regulations

The Department may issue a declaration of emergency reliev ing intrastate carriers from the requirements of 49 CFR Parts 390 through 399 adopted by reference in Subsection 002.04.(7-1-24)

IDAPA 11.13.01.010 Definitions

In addition to the relevant definitions found in the regulations incorporated by reference the following definitions appl y:(7-1-24)

01.Department. The Idaho State Police.(7-1-24)

02.Interstate Carrier. Any person owning or operating any motor vehicle in the state of Idaho or on the highways of the state of Idaho, in commerce between the States, or between the States and a foreign Nation, used or maintained for the transportation of persons or property.(7-1-24)

03.Transportation. Includes all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or contract, express or implied, together with all services, facilities and property furnished, operated or controlled by any such carrier or carriers and used in the transportation of passengers and/or property in commerce in Idaho.(7-1-24)

IDAPA 11.13.01.011 (Reserved)

IDAPA 11.13.01.019 Carrier Safety Requirement Exemptions

01.Intrastate Carriers.

a.Intrastate carriers subject to both the incorporated federal rules and the safety authority of the Idaho State Police may hire drivers who are eighteen (18) years or older as set forth in Section 49-303, Idaho Code.

b.Intrastate carriers operating commercial motor vehicles transporting property with a GVW, GVWR, GCW or GCWR greater than ten thousand (10,000) pounds and up to twenty-six thousand (26,000) pounds, subject to the authority of the Idaho State Police, must comply with 49 CFR Part 390 Subpart A, Part 391.15, Parts 392, 393, and Part 396.1, 396.3(a), (a)(1), and (a)(2), and 396.5 through 396.9 and the law and rules of the state of Idaho. All intrastate carriers transporting placardable quantities of hazardous material under 49 CFR Part 172, Subpart F and passengers, meeting the definition of a commercial motor vehicle, must comply with 49 CFR Parts 356, 365, 382, 383, 385, 387, 388 and 390 through 399, and the law and rules of the state of Idaho (except Part 391.11(b)(1) for intrastate carriers).(7-1-24)T

IDAPA 11.13.01.020 (Reserved)

11.07.01 Rules Governing Motor Vehicles General Rules

IDAPA 11.07.01.000 Legal Authority

These rules adopting national safety codes and standards are prom ulgated pursuant to the authority granted to the Idaho State Police pursuant to Section 67- 2901 and 49-901, Idaho Code.(7-1-24)

IDAPA 11.07.01.001 Scope

All owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with these rules to the extent the rules are applicable.(7-1-24)

IDAPA 11.07.01.002 Definitions

The definitions in Title 49, Chapter 1, Idaho Cod e apply to this chapter.(7-1-24)

IDAPA 11.07.01.003 Incorporated by Reference

Rules 20, 30, and 40 incorporate by reference various state and national safety codes and federal regulations. Each appl icable rule identifies the issuing entity for each code or regulation and indicates where the incorporated materials may be obtained. Incorporated materials are also available for inspection and copying at the Headquarters Office of the Idaho State Police 700 S. Stratford Drive, Meridian, ID 83642. The following codes and standards are incorporated:(7-1-24)

01.Society of Automotive Engineers (SAE). The SAE Ground Vehicle Lighting Standards Manual, 2009 edition, and SAE standards J586, J588, and J639 are published by the Society of Automotive Engineers and are available from SAE World Headquarters, 400 Commonwealth Drive, Warrendale, PA 15096-0001 and may be ordered by calling 1-888-875-3976 or on the worldwide web at https://www.sae.org/publications/collections/ content/sub-std-00016/.(7-1-24)

02.Idaho State Department of Education, Standards for Idaho School Buses and Operations Manual. The Standards for Idaho School Buses and Operations Manual, effective July 1, 2018, is published by the Idaho Department of Education, 650 West State Street, P.O. Box 83720, Boise, ID 83720-0027 and may be ordered by calling 1-208-332-6800 or downloaded from the worldwide web at http://www.sde.idaho.gov/studenttransportation/files/forms-lists/regulations/SISBO-Manual-2018.pdf.(7-1-24)

03.Federal Regulations – 49 C.F.R. Parts 392, 393, and 571 (June 3, 2019). These regulations are found in the Code of Federal Regulations, available from the U.S. Government Publishing Office, Superintendent of Documents, Attn: New Orders, PO Box 37954, Pittsburgh, PA 15250-7954. The incorporated parts are also available on the worldwide web at https://www.ecfr.gov/current/title-49.(7-1-24)

IDAPA 11.07.01.004 (Reserved)

IDAPA 11.07.01.020 Society of Automotive Engineers (sae)

In accordance with the SAE Ground Vehicle Lighting Standards Manual, and SAE standards J586, J588, and J639, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable provisions incorporated by reference in Subsection 003.01.(7-1-24)

01.Standards and Specifications for Lighting Devices. Pursuant to Section 49-901(1), Idaho Code, the standards and specifications set forth by the Society of American Engineers in the SAE Ground Vehicle Lighting Standards Manual, as incorporated by reference in Subsection 003.01.(7-1-24)

02.Standards for Rear Mounted Acceleration and Deceleration Lighting Systems (Use Optional).

The current standards found in “Supplemental High Mounted Stop and Rear Turn Signal Lamps for Use on Vehicles Less Than 2032 MM Overall Width -- SAE J586 and J588,” is found in Section 49-921, Idaho Code, as incorporated by reference in Subsection 008.01.(7-1-24)

03.Safety Practices and Standards for Automotive Air Conditioning Devices, Standards and Specifications. Pursuant to Section 49-901(7), Idaho Code, the current standards set forth in “Safety Practices For Mechanical Vapor Compression Refrigeration Equipment of Systems Used to Cool Passenger Compartment of Motor Vehicles -- SAE J639,” as incorporated by reference in Subsection 003.01.(7-1-24)

IDAPA 11.07.01.021 (Reserved)

IDAPA 11.07.01.030 Idaho State Department of Education, Standards for Idaho School Buses

AND OPERATIONS MANUAL.

In accordance with the “Standards for Idaho School Bus es and Operations” manual, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable standards incorporated by reference in Subsection 003.02.(7-1-24)

01.General Rules. Pursuant to Section 49-901(8), Idaho Code, the standards found in the “Standards for Idaho School Buses and Operations” manual approved by the Idaho State Department of Education incorporated by reference in Subsection 003.02.(7-1-24)

02.Lighting Equipment. Pursuant to Section 49-901(2), Idaho Code, the standards found in the “Standards for Idaho School Buses and Operations” manual approved by the Idaho State Department of Education incorporated by reference in Subsection 003.02.(7-1-24)

IDAPA 11.07.01.031 (Reserved)

IDAPA 11.07.01.040 Federal Regulations - 49 C.f.r. Parts 392, 393, and 571

In accordance with Title 49 of the Code of Federal Regulations, Parts 392, 393, and 571, all owners and operators of motor vehicles that operate on the highways under the jurisdiction of the Idaho State Police are required to comply with the applicable Parts found in Title 49 of the Code of Federal Regulations.(7-1-24)

01.Certain Vehicles Required to Stop at All Railroad Crossings. Pursuant to Section 49-648, Idaho Code, the Director hereby incorporates by reference the requirements found in 49 C.F.R. Part 392, Subpart B, Section 392.10, as if set forth herein in full.(7-1-24)

02.Devices With Self Contained Energy Sources. Pursuant to Section 49-952, Idaho Code, the Director hereby incorporates by reference the standards and specifications with regard to Requirements for fusees and liquid burning flares found in 49 C.F.R. 393.95. Warning devices with self-contained energy sources permissible, under this chapter are limited to liquid burning emergency flares, and fusees.(7-1-24)

03.Modulating Headlights for Motorcycles. Pursuant to Section 49-925, 49-901(3), 49-901(4), Idaho Code, the Director hereby approves modulating headlights for use on motorcycles. Such headlights shall conform to the standards and specifications with regard to modulating headlights found in 49 C.F.R. Section 571.108, Standard 108, S10.17.5.1, which is hereby adopted by reference as if set forth herein in full.(7-1-24)

04.Standards for Safety Helmets. Pursuant to Section 49-666, Idaho Code, the Director hereby incorporates by reference the standards found in 49 C.F.R. Section 571.218, as if set forth herein in full.(7-1-24)

05.Standards for Devices Without Self Contained Energy Sources. Pursuant to Section 49-952, Idaho Code, the Director hereby incorporates by reference the standards and specifications with regard to reflex reflective and fluorescent material warning devices found in 49 C.F.R. Section 571.125, as if set forth herein in full.

(7-1-24)

IDAPA 11.07.01.041 (Reserved)

11.10.01 Rules Governing Idaho Public Safety and Security Information System

IDAPA 11.10.01.000 Legal Authority

Title 19, Chapter 52, Idaho Code.(7-1-26)

IDAPA 11.10.01.001 Scope

These rules relate to the governance and operation of the Idaho Public Safety and Security Information System.

IDAPA 11.10.01.002 Incorporation by Reference

01.Incorporated Documents. ID APA 11.10.01 incorporates by reference the full text of the requirements relating to criminal justice information and the system used to transport such information found in the following documents:(3-23-22) a.“Criminal Justice Information Systems,” 28 CFR Part 20 (July 1, 2006);(3-23-22) b.“Criminal Justice Information Systems--CJIS Security Policy,” Federal Bureau of Investigation, Criminal Justice Information Services (CJIS) Division, Version 6.0 (January 2025);(7-1-26) c.“National Crime Information Center 2000, Operating Manual,” Federal Bureau of Investigation, National Crime Information Center (August 2015);(3-23-22)

d.The International and Public Safety Network, Nlets, Users Guide, (April 23, 2025);(7-1-26)

e.The Idaho Public Safety and Security Information System User Manual.(7-1-26)

02.Document Availability. The above listed documents are available during normal working hours for inspection and copying at the Idaho State Police.(3-23-22)

IDAPA 11.10.01.003 (Reserved)

IDAPA 11.10.01.010 Definitions

01.Access Agency.

An agency that electronically accesses ILETS through the services of an interface agency.(3-23-22)

02.Administration of Criminal Justice.(3-23-22)

a.Performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.(3-23-22)

b.It also includes: criminal identification activities; and collection, storage, and dissemination of criminal history record information.(3-23-22)

03.Associated System. Any automated or manual information system that is accessible through ILETS.(3-23-22)

04.Board. The Board created by Title 19, Chapter 52, Idaho Code to establish priorities and operational policies and procedures relating to ILETS.(3-23-22)

05.Criminal Justice Agency.(3-23-22)

a.Federal and state courts having jurisdiction to hear criminal matters; and(3-23-22)

b.A government agency or a subunit of a government agency that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of justice. State and federal Inspectors General Offices are included.(7-1-26)

06.Department. The Idaho State Police, or its successor agency.(3-23-22)

07.Executive Officer. A position on the ILETS Board filled by the director of the Idaho State Police, or its successor agency.(3-23-22)

08.III. The Interstate Identification Index, which is a cooperative federal-state system for the exchange of automated criminal history records and, to the extent of their participation in the III system, the criminal history repositories of the states.(3-23-22)

09.ILETS. The Idaho Public Safety and Security Information System as established by the director of Idaho State Police pursuant to Title 19, Chapter 52, Idaho Code, includes all hardware, software, electronic switches, peripheral gear, microwave links, and circuitry that comprise the system.(3-23-22)

10.Direct Access Agency. An agency that has management control of a computer system directly connected to ILETS.(7-1-26)

11.Management Control Agreement. A written agreement between a criminal justice agency and a non-criminal justice agency that provides services (dispatching, record keeping, computer services, etc.) to the criminal justice agency. The agreement gives the criminal justice agency authority to set and enforce policies governing the non-criminal justice agency’s access to ILETS and ILETS derived information.(7-1-26)

12.NCIC 2000. The National Crime Information Center (NCIC) System is a nationwide information system established as a service to all criminal justice agencies – federal, state, local, tribal, and territorial. The goal of the NCIC System is to help the criminal justice community perform its duties by providing and maintaining a filing system of accurate and timely documented criminal justice information.(7-1-26)

13.NLETS. The International Justice and Public Safety Information Sharing Network, is a national computerized message switching system that links national and state criminal justice information systems. (3-23-22)

14.Non-Criminal Justice Agency. A state agency, federal agency, or unit of local government that is not a criminal justice agency. The term does not refer to private individuals, corporations, or non-governmental agencies or organizations.(3-23-22)

IDAPA 11.10.01.011 (Reserved)

IDAPA 11.10.01.012 Executive Officer of the Board

01.Authority of Office.

The executive officer represents the Board in the day-to-day administration of ILETS and is responsible for implementing Board policies pursuant to the authority of Chapter 52, Title 19, Idaho Code. The executive officer may delegate duties to employees and officers of the department and executes instruments for, and on behalf of, the Board and ILETS.(7-1-26)

02.Additional Responsibilities. The executive officer ensures, within available legislative appropriation, that the Board has sufficient staff support and that staff carry out duties including posting meeting notices, preparing and distributing agendas, keeping official records of Board meetings, and managing all documents related to the Board and ILETS operations.(7-1-26)

IDAPA 11.10.01.013 (Reserved)

IDAPA 11.10.01.016 Ilets Network

01.Establishment.

The executive officer establishes ILETS as a program of the Idaho State Police or its successor agency.(3-23-22)

02.Responsibilities. The program, as established by the executive officer, has the following responsibilities:(3-23-22)

a.Develop and operate a computerized criminal justice telecommunications and information system that provides message switching and record inquiry and retrieval capabilities.(3-23-22)

b.Publish an ILETS Operations Manual and make available to all user agencies.(7-1-26)

c.Function as the NCIC control terminal agency and the NLETS control terminal agency for the State of Idaho.(3-23-22)

d.Assist and train criminal justice agencies regarding information retrieved from ILETS and associated systems for use in administration of criminal justice.(3-23-22)

e.Establish and maintain connections with the Idaho Transportation Department, and other Idaho agencies and systems to share information that supports enforcement of state criminal and traffic laws and regulations.(7-1-26)

f.Provide staff support to the ILETS Board.(3-23-22)

g.Operate and maintain a program of record validation, quality control, and audits to ensure records in ILETS and NCIC are timely, accurate, complete, and compliant with state and national standards.(7-1-26)

h.Create and maintain model management control agreements between criminal justice agencies and non-criminal justice agencies.(7-1-26)

i.Provide assistance and information access to non-criminal justice agencies for statutory licensing, employment, regulatory and other purposes legally authorized and approved by the Board.(7-1-26)

IDAPA 11.10.01.017 Agency Access to Ilets

01.Authorized Agencies. C onsistent with Title 19, Chapter 52, Idaho Code, which mandates the exclusive use of ILETS for law enforcement and traffic safety purposes, access to ILETS is restricted to the following governmental agencies:(3-23-22)

a.Criminal justice agencies;(3-23-22)

b.Non-criminal agencies that provide computer services, dispatching support, or other direct support service to one (1) or more criminal justice agencies, and which have signed an ILETS-approved management control agreement with the criminal justice agency;(3-23-22)

c.Non-criminal justice agencies with a statutory requirement to use information capabilities that may be available via ILETS, and use of terminal access will not adversely affect criminal justice agency users, and use of the terminal will be for the administration of criminal justice;(7-1-26)

d.Non-criminal justice agencies that provide information or capabilities needed by criminal justice agencies for a criminal justice purpose, and access or use of a terminal will improve the ability to provide such information or capabilities; and(7-1-26)

e.Providing services to criminal justice agencies does not, by itself, authorize ILETS access. (7-1-26)

02.Management Control Agreements. The management control agreement between a criminal justice agency and a non-criminal justice agency grants to the criminal justice agency the authority to set and enforce:

a.Priorities of service;(3-23-22)

b.Standards for the selection, supervision, and termination of personnel authorized to access ILETS; and(3-23-22)

c.Policies governing the operation of computers, circuits, and telecommunications terminals used to process, store, or transmit information to or receive information from ILETS.(3-23-22)

03.Board Approval. The Board reviews all requests for access to ILETS and determines whether an agency meets the criteria for access and whether access is appropriate based on system resources. Approved noncriminal justice agencies may have access to ILETS information on a limited basis (for example, motor vehicle information only) as authorized by the Board.(3-23-22)

IDAPA 11.10.01.018 User Access Fees

01.Payment of Fees Required. Any agency that has signed a user agreement with ILETS to have direct terminal or system access to the network must pay access and usage fees as provided in Section 018. (3-23-22)

02.ILETS Network User Access Fees. The access fees approved by the Board and to be collected quarterly in advance by the department are as follows:(3-23-22)

a.An agency at the county or municipal level pays an annual access fee of five thousand, four hundred and twenty-five dollars ($5,425).(3-23-22)

b.An agency at the state, federal, or tribal level pays an annual access fee of nine thousand dollars ($9,000).(3-23-22)

03.Usage Fee. Any agency that has signed a user agreement with ILETS to have direct terminal or system access to the ILETS network pays quarterly a usage fee based on that agency’s percentage of total annual messages sent and received by user agencies through the ILETS message switcher. The total percentage for an agency includes the message traffic generated by any other agency authorized to access ILETS through that agency’s direct terminal or system access.(3-23-22)

a.The usage fee is assessed according to the following schedule:

(7-1-24)

b.The department will conduct audits of ILETS message switcher traffic for even-numbered years to determine an agency’s annual usage fee. This fee is effective for two (2) years and begins with the quarterly statement beginning October 1 of odd-numbered years.(3-23-22)

c.If an agency discontinues direct terminal or system access to ILETS and acquires authorized access through another agency, the usage fee for the agency maintaining direct access will be adjusted to reflect the combined historical usage.(3-23-22)

Percentage of Total ILETS Message Traffic Annual Usage Fee Effective October 1, 2023 0 -.25%$3,750 .26 -.50%$7,500 .51 -.75%$15,000 .76 - 1.0%$24,000 1.01 - 1.50%$32,500 1.51 – 2.0%$48,750 2.01 – 5.0%$69,625 > 5.01%$98,939

d.A new agency approved for direct ILETS access that does not have historical usage will be assessed an interim usage fee by the department pending the next audit of ILETS message traffic. The department sets an interim fee based on the agency’s similarities to existing agencies with direct terminal or system access. An agency may appeal the interim usage fee set by the department to the ILETS Board.(3-23-22)

e.As operator of ILETS, the department, in lieu of payment of fees, provides direct and in-kind support of network operations. The Board reviews biennially the proportion of that support to the overall operating cost of the system.(3-23-22)

04.Billing and Payment. The department mails billing statements quarterly to all agencies with direct terminal or system access to ILETS (October 1, January 1, April 1, and July 1). Payment of the fees is due by the first day of the following month of each quarter unless it is a Saturday, a Sunday, or a legal holiday, in which event the payment is due on the first successive business day.(7-1-26)

05.Sanctions for Delinquency. Any user agency that becomes delinquent in payment of assessed fees is subject to sanctions under Section 028.(3-23-22)

IDAPA 11.10.01.019 Adjusted Access Fees During Pilot Projects

The Board may adjust access fees of user agenc ies participating in pilot projects being conducted by the department in behalf of ILETS. The fee adjustment is based on any cost savings, actual or anticipated, realized by the ILETS network.(3-23-22)

IDAPA 11.10.01.020 User Responsibilities

01.User Agreement. accessing ILETS, directly or through another agency, must comply with all ILETS rules and policies and have a signed agreement with ILETS or the direct access agency.(7-1-26)

02.ILETS Certification. Each agency employee who operates a computer to access ILETS must becertified within three months of accessing ILETS and every two (2) years thereafter.(7-1-26)

03.Background Checks of ILETS Authorized Users Required. All persons accessing ILETS or ILETS-derived information must undergo a national Criminal Justice fingerprint-based records check, in accordance with FBI CJIS policies. These screening policies are adopted for all ILETS access to ensure consistency. Results must meet the Board-approved ILETS access criterion, and persons must be approved before access is granted.(7-1-26)

IDAPA 11.10.01.021 Information Access and Dissemination

01.General Policy. ILETS users receive information from multiple sources, including ILETS, Idaho criminal justice agencies, motor vehicle departments, FBI CJIS, and Nlets. Users must follow any restrictions set by the information source. ILETS is responsible for informing users of applicable access or dissemination restrictions.

02.Criminal History Records. Criminal history information accessed via ILETS from a state or national computerized file is available only to criminal justice agencies for criminal justice purposes. This precludes the dissemination of such information for use in connection with licensing applications, regulatory activities, or local or state employment, other than with a criminal justice agency.(3-23-22)

IDAPA 11.10.01.022 (Reserved)

IDAPA 11.10.01.024 Ilets Security

01.General Policy.

The data stored in the ILETS, NCIC, and other criminal justice information system files is documented criminal justice information. This information must be protected to ensure its integrity and its correct, legal and efficient storage, dissemination and use. It is incumbent upon an agency accessing ILETS directly, or another system that has access to the ILETS network, to implement the procedures necessary to make the access device secure from any unauthorized use and to ensure ILETS is not subject to a malicious disruption of service.

ILETS access agencies must participate in ILETS training and compliance activities to ensure that all agency personnel authorized to access the ILETS network are instructed in the proper use and dissemination of the information and that appropriate agency personnel are aware of security requirements and of the dangers to network integrity. ILETS may impose more stringent or additional protection measures than outlined in this document. ILETS retains the authority to disconnect an access agency or network connection when serious security threats and vulnerabilities are detected.(7-1-26)

02.Definitions. The following is a list of terms and their meanings as used in the ILETS security rule:

a.ILETS Security Officer (ISO) is the department staff member designated by the executive officer to monitor and enforce agency compliance with site and network security requirements. This position contains additional responsibilities as defined in the CJIS Security Policy as CJIS Systems Agency Information Security Officer.(7-1-26)

b.Peer networks are interfaces between cooperative governmental agencies in Idaho where none of the participating entities exercise administrative or management control over any other participating entity. (7-1-26)

c.Untrusted system is any system or series of systems that does not meet the compliance requirements of ILETS, Nlets, CJIS Security Policy, and/or are not authorized for access to ILETS information.

03.Direct Access Agency Agreements. To ensure agencies having computer interface capabilities to ILETS are fully aware of their duties and of the consequences of failure to carry out those duties, a written and binding Direct Access Agency Agreement must exist between ILETS and all direct access agencies. This agreement will clarify that the direct access agency is equally responsible for actions by secondary and affiliated systems connected through their site to ILETS. Direct access agencies must put in place similar subsidiary security agreements with secondary and affiliated systems to protect its network and ILETS.(7-1-26)

04.ILETS Security Officer. The ILETS Security Officer is responsible for the following duties:

a.Make available to user agencies copies of ILETS security policies and guidelines;(7-1-26)

b.Communicating to user agencies information regarding current perceived security threats and providing recommended measures to address the threats;(3-23-22)

c.Monitoring use of the ILETS systems either in response to information about a specific threat, or generally because of a perceived situation;(7-1-26)

d.Directing an direct access agency, through its appropriate contact, to rectify any compliance fi ndings;(7-1-26)

e.When an agency is unable or unwilling to co-operate, reporting the issue to the executive officer and initiating escalated sanctions pursuant to IDAPA 11.10.01 section 28; and(7-1-26)

f.Provide support and coordination for investigations into breaches of security.(3-23-22)

05.Agency Security Contacts. A terminal agency coordinator shall serve as that agency’s security contact for ILETS, unless another individual is specifically selected for this purpose and approved by the ILETS Security Officer. ILETS primary sites shall ensure the agency’s security contact, or another person or position designated in an incident contingency plan, can be contacted by the ILETS security officer at any time.(3-23-22)

06.Peer Networks. The security responsibilities of the operators of peer networks connected to ILETS, with respect to their user organizations, are parallel to those of ILETS user organizations in respect to their individual users. The ILETS Security Officer shall ensure that a written agreement exists between ILETS and an interface agency, signed by the agency heads, that embodies these principles.(3-23-22)

07.Network/Physical/Personnel Security Standards. Are established through the incorporation by reference of the CJIS Security Policy.(7-1-26)

IDAPA 11.10.01.025 (Reserved)

IDAPA 11.10.01.027 Misuse of the Ilets System and/or Derived Information

Refer to the ILETS Manual.( 7-1-26)

IDAPA 11.10.01.028 Access Agency Sanctions

01.Review of Violations.

The board reviews violations of ILETS rules and may impose appropriate sanctions on access agencies.(3-23-22)

02.Objective of Sanctions. The objectives of the sanction procedure are as follows:(3-23-22)

a.To ensure the security, integrity, availability, and financial stability of ILETS and access agencies.

b.To create an awareness among access agencies of the importance of following rules, regulations, and procedures in order to minimize the risk to liabilities that may be incurred by misuse of the system and access to its information.(3-23-22)

03.Severity of Sanctions. Sanctions are based upon the severity of violation, previous offenses, and potential legal risks. When deciding on sanctions, the Board considers the violation’s severity, prior sanctions, and any corrective action plans submitted by the offending agency. Sanctions can include various actions as determined by the Board. The Board may impose as sanctions, one (1) or more of the following:(7-1-26)

a.Written warning.(3-23-22)

b.Written notice of violation.(3-23-22)

c.Written notice of probation.(3-23-22)

d.Written notice of temporary suspension.(3-23-22)

e.Written notice of permanent suspension.(3-23-22)

04.Effective Date of Sanctions. Temporary or permanent suspension of service will not begin, unless an emergency exists, until fifteen (15) days after the agency head has received written notice by certified mail or personal service.(3-23-22)

05.Reinstatement. An agency placed on permanent suspension may apply to the Board for reinstatement.(3-23-22)

IDAPA 11.10.01.029 (Reserved)