Kentucky Horse Racing Commission amends regulations on communicating with public

The racing commission says it must be more clear, transparent and open about its investigations

FRANKFORT, Ky. (WTVQ/NEWS RELEASE) – In a unanimous decision, members of the Kentucky Horse Racing Commission voted today to amend two regulations (810 KAR 9:010 and 810 KAR 8:010) which determine how the KHRC can communicate to the public about ongoing investigations and other sensitive matters.

“Commission members all agree that to modernize the sport of horse racing and to maintain the integrity of the sport we all love, we must be more clear, transparent, and open about our investigations. Today, the Kentucky Horse Racing Commission made good on its promise to improve transparency with the approval of these amendments. This action moves us in the right direction,” said KHRC Chairman Jonathan Rabinowitz.

These regulatory revisions will allow the Commission and the KHRC Executive Director to release information about investigations into regulatory violations before the Board of Stewards.

The regulatory changes include:

• Previously, an alleged regulatory violation was confidential unless disclosed by the racing participant. Now, the KHRC may disclose the alleged conduct, or the alleged amount and type of medication, drug, or substance administered that gave rise to the alleged regulatory violation following the required notice to the racing participant.
• Previously, hearings were closed to the public. Now, the public may attend stewards’ or judges’ hearings unless proceedings are required by law to be private.
• Previously, a racing participant’s identity was confidential unless disclosed by the racing participant themselves. Now, the KHRC may disclose the identity of a racing participant who is accused of an alleged regulatory violation following the required notice.
• Previously, the date of a stewards’ hearing was confidential. Now, the Commission or its Executive Director may disclose the date of a stewards’ hearing.
• Previously, the timeframe for shipping a split sample was not defined. Now, an owner or trainer requesting a split sample shall select an approved laboratory for split analysis within five days of notification of the available laboratories and the split sample shall be shipped within seven days to the selected laboratory.
• Previously, there was no statutory time frame for a stewards’ hearing. Now, a Stewards’ hearing shall be conducted no more than 60 days after either a racing participant is notified of a violation, or a participant receives a split sample result. The stewards can extend beyond 60 days in special circumstances, as determined by the stewards.

Regulation revisions must be heard for public comment and pass the Legislature’s Administrative Regulation Review (ARRS) subcommittee and the Licensing and Occupations committee before being finalized. The process is expected to be completed in early 2023

KHRC Executive Director Marc Guilfoil expects the changes will help the Commission build better relationships with the public, ultimately creating the best outcomes for the racing industry.

“By improving transparency in our processes, we have an opportunity to educate racing fans about our rules, regulations, and how we operate. The more the public knows and understands, the better for horse racing,” said KHRC Executive Director Marc Guilfoil.

You can find the complete list of revisions in the commission meeting materials available at KHRC@ky.gov.