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.

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.

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.

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.