General Regulations

 

Subtitle 16     Horse Industry Board

15.16.01 General Regulations

 

.01 Purpose.
    The Secretary of Agriculture, under Agriculture Article Title 2, Subtitles 1 and 7, Annotated Code of Maryland, adopts the following regulations to insure the humane treatment of horses and the safety of horse riders.

.02 Definitions.
    A. In these regulations, the following terms have the meanings indicated.
    B. Term Defined.
        (1) "Board" means the Maryland Horse Industry Board.
        (2) Horse riding and rental stable" means an establishment that performs any of the following activities;
            (a) Stables five or more horses and receives compensation for the services;
            (b) Sells five or more horses a year; or
            (c) Lets for hire one or more horses to be ridden or driven.
        (3) "Operator's license" means that license that the Board has issued entitling a person to operate and maintain a horse riding and rental stable.

.03 Exemptions.
    A. Horse Racing and Standardbred Stables.
        (1) Horse racing and Standardbred stables are exempt from the regulations of this chapter.
        (2) For purposes of this regulation, "horse racing and Standardbred stables" means stables or farms where horses are bred, trained, and rested, for the purposes relating to either or both of the following types of racing:
            (a) The racing of Thoroughbreds, whether it be on a flat course or over hurdles; and
            (b) The racing of Standardbreds, whether they be trotters or pacers.
    B. Farms Using Horses for Agricultural Purposes.
        (1) If farms are using horses for agricultural purposes and not for any of the activities listed in Reglulation .02B(2) of this chapter, they are exempt from the regulations of this chapter.
        (2) For purposes of this section, "agricultural purposes" includes the following uses:
            (a) Working or cultivating the soil; and
            (b) Herding or cutting livestock.

.04 Operator's License
    A. Required to Conduct Business. Except as provided under §I of this regulation, a person may not operate or maintain a horse riding and rental stable without first obtaining an operator's license in at least one of the four different licensing classifications developed by the Board.
    B. Determination by Board. Before the Board may issue an operator's license in a particular class to a person, the Board shall first determine whether that person's horse riding and rental stable meets the requirements of that class. The requirements for each licensing class are stated in Regulation .07.
    C. Licensing Classifications. The licensing classifications developed by the Board are based on the four different activities that may be offered at a horse riding and rental stable and which, because any one of them is offered, requires that the establishment's operator be licensed. The licensing classifications and their respective activities are the:
        (1) Boarding class, for establishments that stable five or more horses and receive compensation for the services;
        (2) Sales class, for establishments that sell five or more horses a year;
        (3) Rental class, for establishments that let for hire one or more horses to be ridden or driven and for which instruction is not given; and
        (4) Instruction class, for establishments that let for hire one or more horses to be ridden or driven and for which instruction is given.
    D. Limitations on Licensee. A person who has been issued an operator's license may:
        (1) Conduct his business only at the horse riding and rental stable shown on his application; and
        (2) Offer only those activities allowed to be performed in the particular class or classes that he is licensed to do business in.
    E. Who May Apply.
        (1) Only a person who either owns or is leasing a horse riding and rental stable may apply for an operator's license.
        (2) If the owner or lessee of a horse riding and rental stable is a corporation or other association, the application shall be made in the name of that corporation or other association.
        (3) If the owner or lessee of the horse riding and rental stable is an individual, the application shall be made in that individual's name.
        (4) The Board shall issue the operator's license in the name of the person shown on the application.
    F. Application and Renewal Process.
        (1) A person applying for or renewing his operator's license shall:
            (a) Use a Board approved form which is available on request at the Board's principal office located at 50 Harry S Truman Parkway, Annapolis, Md 21401;
            (b) As established under §C of this regulation, indicate on the application form which class or classes of activities he intends to do business in for that application year; and
            (c) Pay the following nonrefundable fees:
                (i) A $25 inspection fee; and
                (ii) A $50 application fee.
            (2) The Board may not issue an operator's license to a person until that person's horse riding and rental stable has passed Board inspection as provided in Regulation .05.
    (G) Duration of License After issuance, unless suspended or revoked, an operator's license is effective for a period of 1 year or until the following June 30, whichever occurs first.
    (H) Posting Requirements. After issuance, the licensee shall display his license in a conspicuous place on the stable's premises.
    (I) If a person holds a livestock dealer's or livestock market license under Agriculture Article, Title 3, Subtitle 3 and is engaged only in the activity under the licensing classification "Sales", that person need not obtain an operator's license.

.05 Board Inspection of Horse Riding and Rental Stable.
    A. Inspection Requirement. The Board shall inspect the horse riding and rental stables of the following persons:
        (1) Those who have applied for an operator's license; and
        (2) Those who have obtained an operator's license.
    B. Purpose of Inspection.
        (1) Applicant's Establishment. The Board shall inspect the applicant's establishment to determine whether it meets the requirements provided under Regulation .07 of the class or classes its operator is intending to do business in for that application year.
        (2) Licensee's Establishment. At least once annually the Board shall inspect a licensee's establishment to determine whether it still meets the requirements provided under Regulation .07 of the class or classes its operator is licensed to do business in.
    (C) Consent to Inspection. Immediately on request by the Board or its inspector, the applicant or licensee shall permit Board inspection of the applicant's or licensee's establishment, only during normal business hours.

.06 Establishment's Failure to Pass Inspection.
    A. Applicant's Initial License.
        (1) If an applicant's establishment fails to meet all of the requirements of the particular class or classes that the applicant is intending to do business in for that application year, the applicant may request that the Board conduct an additional inspection.
        (2) If the Board conducts an additional inspection of an applicant's establishment, it may not charge the applicant an additional $25 inspection fee.
    B. Licensee's Establishment.
        (1) If, following an inspection, the Board determines that the licensee's establishment does not meet the requirements of the particular class or classes in which the operator is licensed to do business, the following actions shall be taken:
            (a) The Board shall:
                (i) Give the licensee written notice of the perceived deficiencies; and
                (ii) Schedule an additional inspection, allowing the licensee a reasonable period of time to complete necessary corrective measures.
            (b) The licensee, before the additional inspection is scheduled to occur, shall;
                (i) Complete those measures necessary to correct the perceived deficiencies; and
                (ii) Submit evidence to the Board that satisfactory corrective measures have been completed.
        (2) If, following the failed first inspection, the licensee does not submit evidence to the Board showing that satisfactory corrective measures have been completed, the Board shall conduct the scheduled additional inspection.
        (3) If, following this second inspection, the Board determines that the licensee's establishment is still deficient in those areas in which it had been given written notice, the same actions outlined in §B(1) of this regulation shall be taken.
        (4) If, following a third inspection, the Board again determines that the licensee's establishments is still deficient in the areas in which it had been given written notice, the Board shall:
            (a) Bring formal charges against the licensee; and
            (b) Conduct an administrative hearing in order to determine whether the operator's license in a particular class or classes should be suspended or revoked for any of the reasons listed in Agriculture Article, §2-715, Annotated Code of Maryland.
        (5) Additional Inspection Fees. The licensee shall pay an additional inspection fee of $25 for each additional inspection that the Board conducts.

.07 Licensing Requirements.
    A. Compliance with General and Special Requirements. Each person issued an operator's license shall comply with the:
        (1) General requirements under §B; and
        (2) Special requirements under §C for the particular class for which that person is licensed.
    B. General Requirements:
        (1) The Stable and Area in and Around Stable. The licensed operator shall ensure that:
            (a) Each horse under his control is provided shelter, and that the shelter is:
                (i) Clean,
                (ii) Dry,
                (iii) Well-ventilated, but not drafty,
                (iv) Able to afford horses protection in inclement weather,
                (v) Neat and orderly, and
                (vi) Sturdy and in good repair;
            (b) Adequate measures are taken in and around the stable to:
                (i) Prevent excessive manure accumulation, and
                (ii) Control flies and rodents;
            (c) All fences used to confine horses are sturdy and in good repair;
            (d) Each stall occupied by a horse:
                (i) Is cleaned regularly, and
                (ii) Has a bedding of regularly changed straw, shavings, or other suitable material, sufficient enough to maintain the horse in a clean and dry condition;
            (e) All tools used to clean and maintain the stable and its immediate area are properly stored when not in use.
        (2) Other Areas. The licensed operator shall ensure that other areas under his control where horses are confined, exhibited, exercised, or permitted to be ridden, are free of hazards.
        (3) Food and Water. The licensed operator shall ensure that:
            (a) Each horse under his control is provided adequate food, water, and salt;
            (b) That these items are provided in suitable containers; and
            (c) That the food is:
                (i) Of good quality, free of molds and other contaminates, supplying all the needed nutrients, to maintain a horse depending on its age, reproductive status, level of exercises, and geographic location, and
                (ii) Properly stored so as to maintain its quality.
        (4) Health Care. The licensed operator shall ensure that:
            (a) Each horse under his control receives:
                (i) Regular routine care, including but not limited to worming, dental, and foot care, and
                (ii) Immediate attention, care and treatment if it becomes sick, injured or lame;
            (b) Basic first aid supplies are maintained in good order;
            (c) A licnesed veterinarian examines a horse, if the Board requires an examination; and
            (d) A horse not be ridden or driven if the caring veterinarian advises against it.
    C. Special Requirements.
        (1) Boarding Class. A person who has been issued an operator's license in this class need only comply with the general requirements outlined in §A of this regulation.
        (2) Sales Class. A person who has been issued an operator's license in this class shall, in addition to the general requirements outlined in §A of this regulation, comply with the provisions of Agriculture Article
§§3-301 - 3-310, Annotated Code of Maryland, which provisions regulate the sale of livestock in the State.
        (3) Rental Class. A person who has been issued an operator's license in this class shall, in addition to the general requirements outlined in §A of this regulation, comply with the following:
            (a) That each horse receives the rest and sustenance it needs each working day, given it's age, condition, and the type of activity it performs:
            (b) That each horse tacked and awaiting use has its girths loosened, is protected from the weather, and is not tied to the bit;
            (c) That a horse may not be used for riding or driving purposes if the horse is unfit;
            (d) That tack and related equipment:
                (i) Is clean,
                (ii) Is in sound condition, and
                (iii) Cannot by its adjustment cause physical pain or injury to a horse;
            (e) That hoof picks, brushes, curry combs, and other grooming equipment are readily available, clean, and usable;
            (f) that any wagon used is in good condition and that its:
                (i) Axles are well greased, and
                (ii) Brakes are operating.
        (4) Instruction Class. A person who has been issued an operator's license in this class shall comply with the same requirements imposed on an operation in the rental class.

.08 Appeals.
    A. A person may appeal a decision by the Board.
        (1) Not to issue or renew an operator's license in a particular class or classes;
        (2) To suspend or revoke an operator's license in a particular class or classes.
    B. Appeals are governed by the Administrative Procedure Act.

Earl F. Hance
Secretary of Agriculture

A license application may be obtained by writing to:
    The Maryland Horse Industry Board
    Maryland Department of Agriculture
    50 Harry S. Truman Parkway
    Annapolis, MD 21401

or calling:
    410-841-5861