by J. Robert Burk
Is the facility
you operate, board, or ride at licensed? You can find out by visiting
the Maryland Horse Industry
Board. All licenses are set to expire on June 30 unless renewed through
the Maryland Horse Industry Board. By now most Maryland horse stable operators
understand that a stable license is required to operate. In fact since
the late 1960’s the Maryland legislature has required that facilities
operating as equine boarding, rental, instructional, and sales facilities
be licensed by the Maryland Department of Agriculture through the Maryland
Horse Industry Board (formerly the State Board of Inspection of Horse
Riding Stables). As of 2008 rescue stables will now need a license as
well.
Thanks to
a law that passed in the previous several years and new
legal decisions the MHIB has the
statutory ability to fine illegally
operating facilities. The Office of
the Attorney General, and the Department
of Legislative Services,
both ruled that the MHIB has
the authority to pursue operations
without licenses that are in need
of them. Not to mention, in 2004
House Bill 95 passed through the
legislature thereby allowing the
Board to fine illegally operating
facilities up to $2,000 for each offense.
How does licensing work?
The application process has always
been quite simple. Facility
operators are required to maintain
a minimum level of care for the
animals and the facility a sample
of those standards may be found
at the website http://mdhorsecouncil.org/resources/standards.html.
Every year if the facility remains
in operation a stable license from
must be filled out, and a yearly fee
of $75 dollars is collected for licensing
and inspection. The inspectors,
Beverly Raymond and Pegeen
Morgan, have had years of experience
with equine operations and
are knowledgeable, highly trained
individuals who approach every
situation with the farm owners/operators,
the animals, and the clients
interests at heart. In fact many life
long friendships have been developed
between our inspectors and
the facility operators.
Why are stable licenses required?
In the late 1960’s the question was posed to those involved
in the Maryland legislature as to how horse riders, and owners would
be
assured of their safety and horses
were assured of humane treatment
within horse facilities in the State
of Maryland. The answer, in 1975
came when the first stable license
was issued to a farm in Millersville
(Anne Arundel County). The first
stable license was issued as HR 1,
and as of 2006 the latest license
issued was designated HR 1235
to a stable in Lineboro, Maryland.
Each stable holds onto the original
designation until such time as it no
longer exists as an equine facility.
Insurance and Legal Risk
If you operate a facility without
a license and you are ever taken to
court the first thing the lawyer for
the other party will look at, is if you
operated without a license. Moreover,
if you apply for insurance one
of the first things a company may
check is whether you are operating
legally. It is becoming common
for the MHIB to receive calls
from insurance providers and lawyers
requesting information on the
status of a certain facilities license.
Because it is public information we
release that information. Often
times the MHIB has no records related
to the stables in question. For
insurance purposes this could mean
that if you ever tried to place a
claim for a stable related insurance
loss you could be denied for not living
up to your end of the contract
(operating legally). In a court case
if your opponent can show that you
have already violated the law by
operating illegally your case will be
that much harder to win.
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Common
Excuses for Not Licensing
At the Maryland Horse Industry
Board our inspectors have heard
all of the excuses you could imagine.
Some of our favorites include:
I didn’t know about licensing.
MDA Response: Ignorance of the
law is no defense. In most cases if you
comply with licensing without being
investigated you will not be investigated.
If your facility is found through
an investigation then you may face
criminal or civil penalties.
We are a private facility.
MDA Response: If you accept payment
for any of the services listed in
the next section, for the purposes of
this law, you are not private but in
fact a commercial equine business that
is required by law to be license. You
may not be “open to the general public,” and you may only take clients by
referral (which is how most “private” facilities define themselves), but you
are still required to be licensed because
the law does not discriminate between
the two – even though you might!
We train, breed, or rescue horses we
don’t board or rent them.
MDA Response: If you house 5
or more horses for any period of time
that are not your own and receive compensation for any services, or if
you receive compensation for the use
of even one horse (for any reason),
or if you sell 5 or more horses either
from your facility or at an auction you
need a license. Moreover, as of 2007
any facility which transfers 5 or more
horses to their facility and represents
itself to the public as a horse rescue,
horse sanctuary, or retirement center a
license is needed.
We don’t have horses, we only have
ponies.
MDA Response: Horses are defined
in the law as horses or ponies.
We own such a nice facility we don’t
need to be inspected.
MDA Response: Regardless of
how nice your facility is it still needs
a license, and how bad will your “nice” facility look if you are brought up on
charges for operating illegally.
I am
scared of licensing.
MDA Response: Licensing is not
a scary process. Once you have been
through it you realize just how simple
it is. Over 97% of the facilities inspected
meet the minimum requirements
of the State. It might have
been scary for you to take your driver’s
license test, but you still have to do it
by law in order to operate a vehicle on
Maryland roads. The same can be said
for licensing. Moreover, if you receive
a civil penalty bill that is more than
6 times the cost of a stable license (for
the first violation, subsequent violations
may cost as much as 26 times the
cost of a license), then you will begin to
regret not facing your fear.
We don’t make any money at this, it is
a hobby, or we are a non-profit/notfor-
profit entity.
MDA Response: Your operation
may not be profitable but it still
may fall within the law requiring a
license.
Flagrant violators
For the past several years the
MHIB has kept a database of facilities
that are suspected of operating
without a license. During that time,
the MHIB has gathered evidence
in order to pursue said facilities.
If you think your facility is one of
those facilities you have until June
30th to submit a license for the next Fiscal
year. If you have been notified
prior to this article then your facility
may already be about to receive a
penalty, so license now, it only costs
$75! Flagrant violators may face
criminal penalties which include
fines or imprisonment.
Buyer
beware
Over 99% of the complaints the MHIB receives are regarding a select few
facilities that are operating without a license. As a boarder, or rider
you are entering into a dangerous situation by becoming involved with
illegally operating facilities. Not only dangerous for yourself or your
child, but also for your horse. The next time you visit your facility
ask the operator to show you a copy of their stable license. They are
required by law to post it in a place viewable by the public. If they
don’t have one, ask why. If you wonder whether they are currently
licensed visit the MHIB website at
www. mda.state.md.us/horseboard/ for a complete list of licensed facilities,
or call 410-841-5861.
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Who
must apply for licensing?
Those who are subject to licensing
fall under any of the following four
categories:
• Boarding class, for establishments
that stable five or more horses and
receive compensation for the services;
• Sales class, for establishments that
sell five or more horses a year;
•
Rental class, for establishments that let for hire one or more
horses
to be ridden or driven and for
which instruction is not given;
•
Instruction class, for establishments that let for hire one or
more
horses to be ridden or driven and
for which instruction is given;
and
• Rescue class, for any facility which
transfers 5 or more horses to their
facility and represents itself to the
public as a horse rescue, horse sanctuary,
or retirement center.
Facilities exempt from
licensing include:
Horse racing and Standardbred
stables;*
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.
* Operators of these facilities are
subject to any licensing requirements
set by the Maryland Racing Commission.
If farms are using horses for agricultural
purposes and not for any of
the activities listed above.
For purposes of this section, “agricultural
purposes” includes the following
uses:
(a) Working or cultivating the
soil; and
(b) Herding or cutting livestock.
Benefits of Licensing
As a licensed stable owner in
the State of Maryland you are able
to receive all of the privileges afforded
to them including representation,
remuneration, and inclusion
in industry related activities. In fact
licensed Stable Owners are represented
on the Maryland Horse
Industry Board and currently that
position is held by Carol Wicker
of Fence Post Farm, in Pasadena
(Anne Arundel). Your facility will
be included in promotional campaigns
such as the listing of licensed
stables, and if your organization is
recognized as non-profit or notfor-profit entities, or involved with
one (such as 4-H, Pony Club, etc.)
you are eligible for grant money
distributed by the Maryland Horse
Industry Board. Additionally, by
being licensed your facility avoids
being found guilty of operating illegally
in the state, thereby facing
fines and possible imprisonment,
and is able to represent itself to the
public as a reputable facility which
cares about the care and welfare of
the animals and the members of
the entire horse industry.
To obtain a license application
call 410-841-5861
For more information and a list
of currently licensed facilities visit
www.mda.state.md.us/horseboard/
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