Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
Treasury  
Division/Bureau/Office:  
Michigan Gaming Control Board  
Name of person completing this form:  
Melissa Hamp  
Phone number of person completing this form:  
5172410174  
E-mail of person completing this form:  
Name of Department Regulatory Affairs Officer reviewing this form:  
Margaret Patterson  
2. Rule Set Information  
MOAHR assigned rule set number:  
2020-38 TY  
Title of proposed rule set:  
Horse Racing General Rules  
3. Purpose for the proposed rules and background:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The rules will provide the regulatory framework for conducting horse racing, pari-mutuel wagering  
on horse racing results, and simulcasting. The rule set will recognize the abolishment of the Office of  
Racing Commissioner and the Racing Commissioner to reflect the 2009 Executive Reorganization  
Order transferring all authority, powers, duties, and functions to the Michigan Gaming Control Board,  
specifically, the Executive Director of the Michigan Gaming Control Board; define new terms;  
reorganize defined terms; consolidate the occupational licensing process and standards; set  
procedures to register Certified Horsemens’ Organizations; authorize workouts or qualifying races at  
training centers; expand declaratory ruling procedures; set standards for weather related race  
cancellations; change rules related to medication levels and administration requirements to conform  
to national standards, modify trainer responsibilities; modify claiming procedures; specify required  
safety equipment for participants; enhance equine welfare conditions regarding medication, riding  
crop and whip usage; reorganize rules related to possession and use of drugs and foreign substances,  
veterinarians lists, and denerving and shockwave therapy; redefine ownership interests; rescind and  
add various types of wagers including account wagering as authorized by law on December 19, 2019  
along with licensing for third-party facilitators; and, rescind rule related to simulcast purse pool  
distributions.  
4. Summary of proposed rules:  
The rules are designed to promote a safe, responsible, fair, and legal system of horse racing, pari-  
mutuel wagering, and simulcasting in this State. The changes are being made to increase safety,  
create the least burdensome alternative for those required to comply, and provide process  
clarifications and improvements for consistency with industry practices. The rules also include  
provisions for third-party facilitators (TPF). These rules include term definitions, licensing  
provisions, account operations, and penalties for failing to comply, providing false information, or  
posing a threat to the integrity of racing.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Petoskey News – December 1, 2020  
Herald Palladium (St. Joseph) - December 1, 2020  
The Daily Press (Escanaba) – December 1, 2020  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
12/15/2020  
7. Date, time, and location of public hearing:  
12/16/2020 09:00 AM at The public hearing will be held virtually via Microsoft Teams in order to  
receive public comments while complying with statutorily required measures designed to help  
prevent the spread of Coronavirus Disease 2019 (COVID-19). , Web Link: https://bit.ly/3fd0RcS  
Phone number: 248-509-0316. When prompted, please enter the following conference ID: 239 879  
408#  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
9. List of the name and title of agency representative(s) attending public hearing:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Dave Murley, Wendy Harns of Michigan Gaming Control Board (several others joined via Microsoft  
Teams)  
10. Persons submitting comments of support:  
No cards of support submitted for 2020-38 TY horse racing general rules.  
11. Persons submitting comments of opposition:  
No cards of opposition submitted for 2020-38 TY horse racing general rules.  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 4  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
Thomas Barrett,  
President,  
Suggests the rule This change is  
require a CHO to being made to  
431.1047(4)  
Michigan  
Harness  
be certified  
before being  
clarify that a CHO  
must be registered  
Horsemen’s  
Association and  
Mike Carlo,  
Operations  
Manager,  
eligible to receive before receiving  
or distribute  
funds from the  
funds from the  
pari-mutuel horse  
pari-mutuel horse racing  
racing  
disbursement  
account.  
disbursement  
account.  
Northville  
Downs  
2
Thomas Barrett,  
President,  
MHHA  
(5) Any class 1 (5) This change  
violation voids all limits voiding a  
claims regarding claim to when  
whether the horse there is a finding  
431.4140  
has raced since  
the claim.  
of an ARCI class 1  
drug instead of all  
drugs. This  
(6) & (7)  
Unnecessary  
level of  
simplifies the  
scope of the rule  
with less  
regulation to  
address the  
problem of tittle  
transfer of a  
standardbred  
regulatory  
intrusion.  
The proposed new  
subsections for (6)  
horse and departs and (7) were  
from usual  
practice. It is  
deleted because  
they were a level  
also not required of regulation that  
to safeguard  
horse health.  
is not required.  
They constrained  
claiming transfers.  
13.Date report completed:  
1/27/2021  
MCL 24.242 and 24.245  
;