New York regulations

Title 9 Part 4042

Executive Department

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4 sections2 source-only entries

Compiled text through Jul 15, 2022Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4042.1 - Prohibition of corrupt practices

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

Any person found by the stewards to have violated any of the following subdivisions of this section shall have such punishment imposed upon him or her, and the stewards shall take such other action in the manner as the stewards may deem proper under this Article, including reference to the commission:

(a)Bribe, offer to bribe.

If any person gives, offers or promises, directly or indirectly, any bribe in any form to any person having official duties in relation to any race or race horse or to any trainer, jockey or agent or to any other person having charge of or access to any race horse.

(b)Accept, offer to accept bribe.

If any person having official duties in relation to any race track, race or race horse, or if any trainer, jockey, agent or other person having charge of or access to any race horse, solicit, accept or offer to accept any bribe in any form.

(c)Fail to report offer of bribe.

If any person licensed by the commission shall be approached with an offer or promise of a bribe or with a request or a suggestion for a bribe or for any improper, corrupt or fraudulent act or practice in relation to a race or racing, or that any race shall be conducted otherwise than fairly and in accordance with this Article, and if such licensed person shall not immediately report the matter to the stewards.

(d)Enter disqualified horse.

If any person willfully enters or causes or permits to be entered or to start in any race a horse that such person knows or has reason to believe to be disqualified.

(e)Use illegal appliances.

If any person shall have in his or her possession in or about any race track or shall use, appliances—electrical, mechanical or otherwise—other than the ordinary equipment, of such nature as could affect the speed or racing condition of a horse.

(f)Fraudulent, corrupt act.

If any person be guilty of any improper, corrupt or fraudulent act or practice in relation to racing, or shall conspire with any other person to commit or shall assist in the commission of any such act or practice.

9 NYCRR 4042.2 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 4042.3 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status
Compiling agency
Executive Department
Text status
Source-only entry
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026

9 NYCRR 4042.4 - Results of disqualification

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Persons denied admission to tracks.

Anyone who has been ruled off or who has been suspended, whether temporarily for investigation or otherwise, and anyone penalized as in this Part provided by the highest official regulatory racing body having jurisdiction where the offense occurred, shall be denied admission to all race tracks licensed by the commission until duly reinstated, unless otherwise determined by the commission.

(b)Persons barred from racing.

A person whose license has been revoked or has been suspended, whether temporarily for investigation or otherwise, and so long as such person’s exclusion or suspension continues shall not be qualified, whether acting as agent or otherwise, to subscribe for or to enter or to run any horse for any race either in his or her own name or in that of any other person.

(c)Horses suspended.

All horses in the charge of a trainer whose license has been revoked or has been suspended, whether temporarily for investigation or otherwise, shall be automatically suspended from racing during the period of the trainer's exclusion or suspension. Permission may be given by the stewards for the transfer of such horses to another trainer during such period, and upon such approval such horses shall again be eligible to race.

(d)Track record voided.

In the event that a horse establishes a track or other record in a race and it shall be determined by competent authority that the chemical analysis of any specimen taken from such horse shows the presence of a drug that is of such a character as could affect the racing condition of the horse in such race, then such record shall be null and void.

9 NYCRR 4042.5 - Use of drugs

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)No person while on the grounds of a licensed or franchised track, who is licensed as trainer, assistant trainer, jockey, apprentice jockey, exercise rider, assistant starter, outrider, groom, valet, pony-horse rider, or anyone who is riding a horse in a race, a warm-up for a race or riding on a horse anywhere on the grounds, or anyone who aids or participates in the preparation of a race or a horse for a race, or is licensed by the commission, shall have present within the body of such person any controlled substance listed in schedules I through V of section 3306 of the Public Health Law, unless advance permission to ride a horse or participate in any manner in a race, while using such substance, pursuant to prescription by a licensed physician, has been granted in writing by the commission.
(b)Every such person, which includes all licensees, shall, upon the request of a steward or paddock judge, deliver a specimen of urine or subject himself to the taking of a blood sample by a licensed physician, as directed by such official. Failure by such person to provide such sample as so directed shall be a violation of these rules and subject such person to fine and license suspension. In addition, in no event shall any person ride or participate in any manner in the administration of or in any race, and/or the preparation of a horse for a race, on the day such sample is requested until such specimen has been taken as directed.
(c)In the event that analysis of a urine or blood sample, by the testing facility designated by the commission, discloses the presence of a prohibited controlled substance, such fact shall be reported to the commission, which shall schedule an immediate interview with such person, pending which such person shall not be permitted to ride or participate in any manner in any race. As a result of such interview, the commission may restore full riding and/or license privileges to such person after such person has delivered a current sample for analysis, continue such temporary suspension of riding and/or license privileges pending receipt of the result of analysis of any sample directed to be taken at such interview, or take such other action as the commission may deem appropriate, including fine, revocation, suspension or the conditioning of continued licensing upon the satisfactory enrollment in and completion of a drug treatment program or drug educational program designated by the commission.
(d)Disclosure of the results of analysis and other reports made in the course of enforcement of this section shall be treated as confidential insofar as is consistent with law.

9 NYCRR 4042.6 - Test for alcoholic consumption

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jul 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
No later Register activity identified in this check.
Source snapshot
Jun 6, 2026
(a)Each track shall provide a device approved by the commission at a location to be designated by the State steward or designee capable of measuring the presence of alcohol by weight within the blood. The commission shall only approve the use of breath analysis instruments that have been approved by the National Highway Traffic Safety Administration. The use of such device shall be under the supervision of the commission steward or commission designee.
(b)Tests shall be administered to licensees and officials at such times as directed by the commission steward or commission designee, and shall only be administered by qualified individuals employed by the commission. All jockeys named to ride or who will ride in a race must be tested prior to racing on each race date.
(c)Violations.

The following shall constitute violations:

(1)Refusal to take such test shall constitute a violation of this section.
(2)The presence of .05 percent or more alcohol in the blood by weight per volume as indicated by said device shall constitute alcoholic impairment and be a violation of this section. Blood alcohol concentration (BAC) means the weight amount of alcohol contained in a unit volume of blood, measured as grams ethanol/100ml blood and expressed as percent BAC.
(d)A jockey who is alcoholically impaired or who refuses to be tested shall not compete and may be fined or suspended. An official who is alcoholically impaired or refuses to be tested shall not be assigned his or her duties and a report thereof shall be made immediately to the commission. Any other licensee who is alcoholically impaired or refuses to be tested shall not be permitted to continue to perform in a licensed capacity on that day. In the event of a violation of this section, the commission may take such other action as is deemed appropriate, including fine, revocation, suspension or the conditioning of continued licensing upon the satisfactory enrollment in and completion of a State-certified treatment program.

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