Title 9 Part 4038

The minimum price for which a horse may be entered in a claiming race shall not be less than 50 percent of the value of the purse for the race, unless the commission approves a request from an association for a lower minimum price for all or a portion of a race meeting. The commission shall not approve such a request unless such association has implemented increased measures to ensure close examination of the competitiveness, soundness and safety of each horse entered in such race.

If a horse is claimed the horse shall not start in a claiming race for a period of 20 days from the date of the claim for less than 25 percent more than the amount for which such horse was claimed. For a period of 10 days thereafter, a horse is eligible to start for a claiming price equal to or greater than the price at which the horse had been claimed. On the 31st day, the horse may start in a claiming race for any price.

If a horse is claimed the horse shall not be sold or transferred to anyone i wholly or in part, except in a claiming race, for a period of 30 days from the date of the claim. A claimed horse shall not, unless reclaimed, remain i in the same stable or under the control or management of its former owner or trainer for a like period. A claimed horse shall not race outside New York State for a period of 60 days from the date of the claim or the end of the meeting at which such horse was claimed, whichever period of time is longer, except that a horse may run: (a) in a sweepstakes elsewhere for which the horse was nominated by its former owner or trainer; (b) after a period of 30 days from the end of a Finger Lakes racing season, if the horse had been claimed at Finger Lakes racetrack; or (c) if permission is granted by the stewards.

No official or other person shall open the sealed claim box and envelope or give any information on claims filed except to check on the potential claimant's license and eligibility of the claim. Otherwise, the claim box and envelope shall remain unopened until after the results of the race are made official.

Each horse shall run for the account of the person in whose name it starts.

When a claim has been filed with the racing secretary, it is irrevocable and is at the risk of the claimant.

In case of a dead heat, each of the dividing horses is the winner for the purpose of this Part.

Should the stewards be of the opinion that any person is claiming a horse collusively for the benefit of another interest or in order to evade the provision of any sections of this Article, they may require such person to make an affidavit that he or she is not so doing, and if upon proof it is ascertained that such person made a false affidavit, such person shall be referred to the commission for further action.

A horse's liability to be claimed is not affected by its walking over.

No horse shall be delivered except on a written order from the racing secretary or the racing secretary’s designee.

Any person refusing to deliver a claimed horse shall be suspended and such person’s case referred to the commission. The horse is disqualified until the horse is delivered to the purchaser.

Any person who shall attempt to prevent another person from claiming any horse in a claiming race, or any owners running in claiming races who may make any agreement for the claiming of each other's horses, may be sanctioned by the stewards or the stewards may refer the matter to the commission for further action.

An owner whose stable has been eliminated by claiming or by fire or other hazards shall have the right to claim during the remainder of the meeting at which such stable was eliminated, or for the next 30 racing days of that racing association, whichever period is longer. If the 30-day period should extend into the next succeeding meeting of that racing association, the owner must obtain a certificate from the stewards of the meeting at which such owner lost his or her last horse. The owner must present this certificate when filing a claim at the next meeting.

It shall be the responsibility of the trainer to disclose the pregnancy of any mare to the racing secretary with the entry of that mare in any claiming race. The racing secretary shall cause such fact to be prominently displayed in the entry room prior to any subsequent start.

Should the analysis of a race-day blood or urine sample taken from a claimed horse result in a race-day positive test, or if the race-day test results of a previous race have not been cleared by the date of the claim and result in a positive test, the claimant's trainer shall be promptly notified by the stewards and the claimant shall have the option to void said claim within five days of such notice by such trainer. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer. In the event the claim is voided, the horse shall be returned to the owner of the horse who subjected the horse to claiming in the race from which the positive test resulted.

Should the analysis of a post-race blood or urine sample taken from a claimed horse result in a finding by the laboratory that the antibody of erythropoietin or darbepoetin was present in the sample taken from that horse, the claimant's trainer shall be promptly notified in writing by the stewards and the claimant shall have the option to void said claim within five days of receipt of such notice by his or her trainer. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer.

Notwithstanding any inconsistent provision of Part 4043 of this Title, should the analysis of a post-race blood or urine sample taken from a claimed horse result in a finding by the laboratory that the drug reserpine or the drug fluphenazine was present in the sample taken from that horse, the claimant's trainer shall be promptly notified in writing by the stewards and the claimant shall have the option to void said claim within five days of receipt of such notice by the claimant’s trainer. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer.

Where an upper neurectomy as defined in section 4025.31(a) of this Article or a lower neurectomy that has not been reported, as required in section 4025.31(b) of this Article has been performed on a horse prior to the race in which it is claimed, the claimant shall have the option to void said claim upon written notice to the stewards from the claimant or the claimant’s trainer given within 10 days following the date of the claim.

Where a pregnant mare has been claimed which pregnancy has not been disclosed as required in section 4038.17 of this Part, the claimant shall have the option to void the claim upon written notice to the stewards from the claimant or the claimant’s trainer within 10 days following the date of the claim.

Where a horse has been claimed and the age or sex of the animal has been misrepresented in the racing program, the claimant shall have the option to void the claim upon written notice to the stewards from the claimant or the claimant’s trainer within 10 days following the date of the claim.

In the event that a claimed horse tests in violation of section 4043.8 of this Article, and it is not determined that such TCO2 level is physiologically natural for that particular horse, the claimant or the claimant’s trainer shall have the option to void the claim upon written notice to the stewards within five days of receiving notice of the violation.