Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Treasury  
2. Bureau:  
Michigan Gaming Control Board  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Horse Racing General Rules  
5. Rule numbers or rule set range of numbers:  
Mich. Admin Code R 431.1001 through R 431.5040  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Wendy Harns  
E-mail of person filling out RFR:  
harnsw@michigan.gov  
Phone number of person filling out RFR:  
517-335-2163  
Address of person filling out RFR:  
Lottery Building  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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.  
MCL 24.239  
RFR-Page 2  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Under Executive Reorganization Order No. 2009-31, MCL 324.99919, the powers and duties of  
the Office of Racing Commissioner were transferred to the Executive Director of the Michigan  
Gaming Control Board, including regulating pari-mutuel wagering, licensing, issuing final agency  
decisions on all contested case hearings, and the promulgation of agency rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
The Executive Director is given discretionary authority under §7(1) of the Horse Racing Law of  
1995, as amended, MCL 431.307(1), to promulgate rules in accordance with the Administrative  
Procedures Act.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
The rules are not mandated by any applicable constitutional or statutory provision.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
There are no national or regional compliance requirements for horse racing. While there are  
national standards and model rules these documents are suggestions and not binding on the state  
of Michigan. Thus, these rules do not conflict with or duplicate similar rules or regulations.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of these rules is not contained in any guideline, handbook, manual,  
instructional bulletin, or operational memoranda. A number of forms with instructions are used in  
the licensing process including applications for track licenses, race meeting licenses, third-party  
facilitators and occupational licenses.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes. These are rules listed on the agency’s annual regulatory plan.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
These rules do not exceed similar regulations, compliance requirements, or other standards.  
Approximately 32 states allow pari-mutuel wagering on horse racing. Each state establishes its  
own requirements for licensing and regulating horse racing. These rules provide a regulatory  
framework for the licensing and operation of race tracks, race meet licensees, third-party  
facilitators, and occupational licensees to ensure the public’s interest in fair and honest gaming.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Track licensees, race meeting licensees, potential third-party facilitators and occupational  
licensees provided input and were met with more than once to discuss proposed changes to the  
administrative rules. The agency weighed the input with its duty to strictly regulate the horse  
racing industry and incorporated changes to the proposed rules when it could.  
MCL 24.239  
RFR-Page 3  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
There has not been a major rule revision since 1985. Since that time, a lot has changed in the  
gaming industry including the addition of three casinos in Detroit, numerous tribal casinos, and  
online wagering whether Lottery or otherwise. The impact on horse racing has been tremendous.  
The proposed changes continue strict regulation of this particular gaming industry and provides an  
opportunity for the public to wager outside the enclosure of the race track.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There are a number of rules that will be rescinded because they are no longer necessary; have been  
incorporated into the statute; or have been combined with other rules. See the following:  
R 431.1055 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1075 is being rescinded because it has been incorporated into R 431.1065.  
R 431.1080 is being rescinded because it has been incorporated into R 431.1065.  
R 431.1090 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1135 is being rescinded because it has been incorporated into R 431.1302.  
R 431.1180 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1185 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1190 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1195 is being rescinded because it has been incorporated into R 431.1035.  
R 431.1999 is being rescinded because it is no longer necessary. The prior rules have already been  
rescinded.  
R 431.2005 is being rescinded because the definitions are already in Part 1 of the rules.  
R 431.2040 is being rescinded because it has been provided for in the act.  
R 431.2045 is being rescinded because messengers are no longer used.  
R 431.2061 is being rescinded because blended simulcast purse pools are no longer provided for  
in the act.  
R 431.2080 is being rescinded because it is a wager no longer used in this state.  
R 431.2095 is being rescinded because it has been replaced by the pick three wager, R 431.2094.  
R 431.2100 is being rescinded because it is a wager no longer used in this state.  
R 431.2105 is being rescinded because it is a wager no longer used in this state.  
R 431.2110 is being rescinded because it is a wager no longer used in this state.  
R 431.3085 is being rescinded because it was moved to Part 1.  
R 431.3240 is being rescinded because these are contract issues between the jockey and contractor  
or otherwise covered by R 431.3245.  
R 431.4165 is being rescinded because these types of races are no longer offered in this state and  
to the extent such type races are conducted, R 431.4160 clarifies the requirements.  
R 431.4205 is being rescinded because it has been provided for in R 431.1261.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;