According to Indiana law via IC 4-22-2-3(b), when administrative agencies like the Indiana Horse Racing Commission (IHRC) creates an administrative rule, that rule "has or is designed to have the effect of law." If you're a regular reader of materials created by Indiana Breeder & Owner Protection, Inc. (IBOP), you know that we are very critical of how the IHRC's five commissioners create "law" without any meaningful oversight via an emergency rulemaking process. We've also pointed out many flaws in their "law-making" process, and we will continue to do so as the IHRC staff and the commissioners give us many flaws to point out. Yet, this mistake-prone commission actually has created an administrative rule, 71 IAC 10-3-12(f), that grants themselves expert status over any evidence involved proceedings against horsemen by stating, "The special skills and knowledge of the commission and the commission staff may be used in evaluating the evidence."
Effectively, the IHRC has created a "law" that they are experts due to their "special skills and knowledge." This laughable notion, however, shows up as an argument against a horsemen in almost every case that IBOP has reviewed. The IHRC's sentiment is that they have "special skills and knowledge" that horsemen don't have. In this month's Administrative Rule of the Month, we figured we'd put the IHRC's special skills and knowledge to the test with something very simple, like the definition of a "maiden race." After all, everyone in horse racing, especially those with special skills and knowledge, knows what a maiden race is, right?
The Indiana Administrative Code (IAC) is where the IHRC publishes all of their "laws." Most know that the horse racing portion of the IAC has two rulebooks, one for standardbreds and another for flat racing. Each of these two rulebooks begin with an article that spells out the definitions used throughout the rulebooks which is a pretty standard approach with administrative rules. Both the IHRC's rulebooks define a 'maiden race' exactly the same via 71 IAC 1-1-56 and 71 IAC 1.5-1-53. The flat racing version is copied below:
71 IAC 1.5-1-53 "Maiden race" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 53. "Maiden race" means a contest restricted to maidens. (Indiana Horse Racing Commission; 71 IAC 1.5-1-53; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2819, eff Jul 1, 1995; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)
So, a maiden race is "a contest restricted to maidens?" No kidding! The IHRC's definition, which references a term (maiden) to describe what is being defined (maiden race), would lose points in any academic setting for their attempted definition. Why these folks with special skills and knowledge don't simply state that "a maiden race means a race restricted to non-winners" defies a certain element of simplicity and logic. Based upon the IHRC's definition of "maiden race," you have to understand what a 'maiden' is, and everyone in horse racing, especially those with special skills and knowledge, knows what a maiden is, right?
Here's the definition of 'maiden' in the standarbred rule book:
71 IAC 1-1-55 "Maiden" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 55. "Maiden" means a horse that has never won a heat or race at the gait at which it was entered to start and for which
a purse is offered. Races or purse money awarded to a horse after the official sign has been posted shall not be considered a winning
performance or affect status as a maiden. (Indiana Horse Racing Commission; 71 IAC 1-1-55; emergency rule filed Feb 10, 1994 9:20 a.m.: 17 IR 1118; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-
IR-071070030RFA)
So, the standarbred rulebook defines a 'maiden' with terms that include "never won a heat or race" (as in non-winners) and "entered to start" with "a purse" being offered (as like in a race). Cluttered, but we get it. Now, let's look at the definition of 'maiden' in the flat racing rulebook:
71 IAC 1.5-1-52 "Maiden" defined
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 52. "Maiden" means a horse that has never won an official or recognized race as defined in breed registry rules. (Indiana
Horse Racing Commission; 71 IAC 1.5-1-52; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2819, eff Jul 1, 1995; readopted
filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)
In breaking down this definition promulgated with the use of special skills and knowledge, we do see terms like "never won" and "race" which are easily understood considering that the term "race" is actually another definition in the rulebook. However, their definition incorporates by reference definitions in the "breed registry rules." So, the definition of "race" in the flat racing rulebook means nothing in defining a "maiden" in Indiana. Why the IHRC doesn't just stop their definition after the word "race" defies logic, but the phrase "as defined in breed registry rules" has the rule of law. To truly, then, understand the definition of maiden and maiden race in Indiana's flat racing rulebook, the definitions in the breed registry rules, which are now "law" in Indiana, must be reviewed to complete the definition.
If you go to The Jockey Club website, http://www.thejockeyclub.com/default.asp, they define themselves as "the breed registry for Thoroughbred horses in the United States, Canada, and Puerto Rico." The Jockey Club's breed registry rules are compiled in The American Stud Book: Principal Rules and Requirements, which can be found at http://www.thejockeyclub.com/pdfs/rule_book.pdf. In reviewing these breed registry rules, we see no definition of "official race," "recognized race," or "race" for that matter. The entirety of this breed registry uses the word 'race' maybe a half dozen times, mostly in paragraphs about changing a thoroughbred name prior to a first race and about getting a 30-day foreign race permit. The special skills and knowledge of the IHRC has incorporated definitions from the "breed registry rules" into Indiana's flat racing rulebook that DO NOT exist! The Jockey Club's breed registry rules do, however, have the following definition: "Maiden: A filly or mare that has never been bred (mated)." Since "maiden" is the only term from the IHRC's definition actually defined in the breed registry rules, the special skills and knowledge of the IHRC have now defined a "maiden" in Indiana flat racing in the terms of being bred, not in being a non-winner of a race. Now, isn't that special?
