Title 9 Part 4109

The claimant must have to the claimant’s credit with the track an amount equivalent to the specified claiming price, the applicable sales tax, the cost of transferring the registration and the fee for the test for equine infectious anemia. No claims shall be accepted unless such credit is certified in writing by an authorized track official and such written certification is included with the claim. Unless the claimant also has to the claimant’s credit an amount sufficient to pay the cost of any post-race testing requested on the claim form by the claimant, the commission shall not conduct such testing. No track official of the racing association shall give any information as to the filing of any claim or claim information to the public and horsemen until after the race has been run.

No declaration to a claiming race shall be accepted unless both the registration certificate of the horse and written authorization by the owner to subject the horse so declared to claim is on file with the racing secretary of the track at which the horse is entered.

The claiming price shall be printed in the program and all claims shall be for the amount so designated and any horse starting in a claiming race may be claimed for the designated price.

All claims shall be in legible writing, in a form satisfactory to the commission, sealed in an envelope and presented to the presiding judge or his designee. The presiding judge or his designee shall then write the date and time that the claim was submitted, the date and number of the race, and initial the claim envelope. The claimant must then deposit the claim in a locked claim box at least 30 minutes before the race in the commission office of the track.

No official or other person shall open the claim box and envelope or give any information on claims filed except to check on the claimant's license and eligibility of the claim or at least 10 minutes before post time, to withdraw the claim. Immediately after the race, the claim box shall be opened in the presence of the judges and claims, if any, examined by such officials. If the claimant is properly licensed and the claim form is accurate, signed and complete, the claim can be allowed by the judges. The claim information will then be given to the paddock judge, program director and announced. A claim should not be voided due to minor errors on the claim form. The claim should be voided only if, in the opinion of the presiding judge, it is impossible to determine what horse is being claimed or who submitted the claim.

Should more than one claim be filed for the same horse, the successful claimant shall be determined by lot by the judges.

A horse claimed shall be delivered with its halter and its shoes intact immediately by the original owner or his trainer to the successful claimant upon direction of the presiding judge.

No person shall refuse to deliver a horse after direction by the presiding judge.

Every horse claimed shall race in all heats of race in the interest and for the account of the owner who declared it to such race, but title to the claimed horse shall be vested in the successful claimant from the time the word “GO” is given by the starter in the first heat, and said successful claimant shall become the owner of the horse, whether it be alive or dead, sound or unsound, or injured either before, during or after the race, except for a misrepresentation as to the sex or age of such animal and except as hereinafter provided in subdivision (o) of this section.

The judges may require any person making a claim for a horse to make affidavit that such claimant is claiming said horse for such claimant’s own account or as authorized agent and not for any other person.

No right, title, or interest in a horse claimed shall be transferred by the claimant until 30 days have elapsed except in a claiming race. No horse claimed at a track may start at any other track until the meeting has closed or 30 days have elapsed, whichever is sooner, or unless it has been released to start elsewhere by the racing secretary of the track at which it was claimed, in writing.

A horse claimed shall not remain in the same stable or under the care or management of its original owner or trainer or anyone connected therewith until 30 days have elapsed unless it is subsequently claimed in another claiming race.

From 11:30 a.m. to 12 noon the day of its race, the trainer of a horse programmed to start in a claiming race shall make such horse available for inspection outside its stall by anyone desiring to so inspect said horse who is properly in the barn area. For purposes of such inspection, all bandages, blankets, equipment or other covering shall be removed from such horse upon request of such person inspecting.

If a horse, listed to start in a claiming race, is scratched, said horse shall be subject to claim in its next start (regardless of the conditions of such race) at the claiming price to which it was subject in the race from which it was scratched. This subdivision shall not apply for more than 30 days to any such horse.

A claimant may withdraw a claim up to 10 minutes before post time of the race in which the horse will compete. The withdrawal must be submitted by the claimant in writing on a form prescribed by the commission.

The track shall pay the claiming price to the owner from whom a horse is claimed when, and not until, all incidents of delivery of the horse including all necessary instruments of ownership and registration, have been executed by such owner.

If the claimant of a horse has requested post-race testing, at the expense of the claimant, on the claim form, then the judges shall designate such horse for post-race testing pursuant to section 4120.8(b) of this Title. The original trainer shall remain responsible for the claimed horse until any on-track post-race sample collection has been completed.

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 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 in writing by the judges and the claimant shall have the option to void said claim within five days of receipt of such notice by such trainer. An election to void a claim shall be submitted in writing to the judges by the claimant or such claimant’s trainer.

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 judges 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 judges by the claimant or his trainer.

Notwithstanding any inconsistent provision of Part 4120 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 judges 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 judges by the claimant or the claimant’s trainer.

Where an upper neurectomy as defined in section 4025.31(a) of this Subchapter or a lower neurectomy that has not been reported as required in section 4025.31(b) of this Subchapter 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 judges 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 Chapter, the claimant shall have the option to void the claim upon written notice to the judges from the claimant or his trainer within 10 days following the date of the claim.

In the event that a claimed horse tests in violation of section 4120.13 of this Subchapter, 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.