1 Colo. Code Regs. § 208-1, ch. 8
Current through Register Vol. 47, No. 19, October 10, 2024
Chapter 8 - CLAIMING RACES100 GENERAL PROVISIONS8.100 - A horse that has a claim against it, whether by mortgage, bill of sale or lien of any kind, may not be entered in a claiming race unless written consent of the holder of the mortgage, bill of sale or lien is filed with the racing secretary and stewards prior to entering the horse in a claiming race.8.101 - (Modified Effective date May 15, 2016) Subject to Rule 8.109, title to a claimed horse vests in the successful claimant from the time the horse steps onto the racetrack for its designated race and the successful claimant is the owner of the horse whether it be alive or dead, sound or unsound, or injured during the race, or after it. At the time of filing the claim form claimants may on the designated claim form request a post-race test of the claimed horse for prohibited substances per Colorado Racing Commission guidelines.8.102 - The trainer shall be responsible for having obtained the owner's consent to enter a horse in a claiming race for the price entered. The claiming price of each horse shall be printed in the official program. Incorrect printing of prices in the program shall be reported to the stewards by the trainer.8.104 - Owners who withdraw all of their horses from a meet or withdraw or permit the withdrawal of the registration certificates of all horses owned by them from the office of the racing secretary forfeit immediately their right to claim at the said meet but may re-earn that right by again registering a horse at that meet and fully complying with the rules contained herein.8.106 - The stewards, or their designated representative, shall open the claim envelopes for each race as soon as, but not until, the horses for the race enter the racing strip on the way from the paddock to post.8.108 - Title to a claimed horse shall be vested in the successful claimant from the time the horse steps onto the racetrack for it's designated race and the successful claimant shall then become the owner of the horse whether it be alive or dead, sound or unsound, or injured during the race, or after it.8.109 - (Modified Effective date May 15, 2017) In the event a request is made for a post-race test, the claimed horse shall be taken to the test barn immediately after the race, a blood sample shall be drawn by the Commission Veterinarian and the sample submitted to the Commission's primary testing laboratory. The successful claimant shall be responsible for paying the cost for the test. The horse shall not be tested unless payment is on deposit with the horsemen's bookkeeper and the request for post-race testing is clearly marked on the claim card and verified by the claims clerk. The successful claimant is responsible for providing the funds to the Division Veterinarian the day of the claim or the post-race test will not be submitted. The claimant shall have the right to void the claim if the post-race test is positive for a prohibited substance. In the event of a positive test, the original trainer of the horse may be subject to disciplinary action.
8.110 - Claims which are not made in accordance with these Rules shall be void. The stewards may at any time require any person to file a written affidavit that the claim was made in accordance with these Rules. The stewards shall make the final determination as to the validity of a claim.8.112 - A claim shall, in all cases, represent a bona fide offer by the claimant to buy and by the owner to sell at the claiming price. The stewards shall inquire into any and all circumstances leading them to believe that this is not true.8.114 - A successful claimant shall have either forty-eight (48) hours from the established post time of the race from which the horse was claimed, to file an objection concerning the claim or upon receipt of testing. The objection must be filed in writing and contain an affidavit giving all available evidence to support the objection. If the sex of a claimed horse is not the same as is printed in the official program, the stewards shall, at the request of the successful claimant declare the claim to be void.8.116 - Deleted effective May 12, 19988.118 - A claimed horse shall not race elsewhere for a period of thirty (30) days or until after the close of the meet, whichever comes first, except by special permission of the stewards at the meet where the horse was claimed.8.120 - If a horse is claimed at a recognized race meet governed by the rules of another racing jurisdiction and is entered in a race in Colorado, the claiming rules of Colorado shall control.200CLAIMING OF HORSES8.200 - Horses racing in a claiming race are for sale for the advertised price in accordance with the claiming rules.8.202 - A horse that starts in a claiming race may be claimed for its entered price by any licensed owner, or the authorized agent who has been granted authority to claim for a licensed owner, who has a horse registered to race at the meet, or by any person who has received a claim certificate.8.204 - For claiming purposes, if a horse is owned by more than one owner, the total ownership shall be considered a single entity.8.206 - A claimed horse shall run the race from which it was claimed in the interest and for the account of the owner from whom the horse was claimed.8.208 - (Added Effective date May 15, 2016) The successful claimant shall have forty-eight (48) hours to exercise his or her right to void the claim following a positive test. The successful claimant shall be responsible for all expenses for the care and maintenance of the horse from the time the horse is transferred to the claimant until the time the horse is returned to the prior owner following avoidance of the claim. Further, the horse shall be designated as ineligible to be drawn until the test results are returned.
300CLAIM CERTIFICATE8.300 - When a stable has been eliminated by claiming or as a result of a natural disaster, the affected owner shall have the right to claim at any meet in Colorado during the next thirty (30) calendar days without having to obtain a claim certificate. The day the stable is eliminated by claim or the day the disaster occurs shall be counted as the first day for the purposes of this rule.400PROHIBITIONS8.400 - An optional claiming race is a contest in which selected horses are entered to be claimed for a stated claiming price. In the case of horses entered to be claimed in such a race, the race shall be considered, for the purpose of these rules, a claiming race. In the case of horses entered not to be claimed, the race shall be considered an allowance race.8.402 - An owner may not claim a horse racing in that owner's trainers stable.8.404 - (Modified Effective date May 15, 2017) A horse shall be claimed in the name of the true ownership. A person shall not offer, or enter into an agreement to claim or not to claim, or attempt to prevent another person from claiming any horse in a claiming race and shall not attempt by intimidation to prevent anyone from running a horse in any claiming race. An owner or trainer shall not make any agreement with one another for the protection of each other's horses in a claiming race.8.406 - A claimed horse shall not remain in or return to the same stable or under the care or management of the owner or owners, or trainer from whom it was claimed.8.408 - (Modified Effective date May 15, 2017) A horse claimed in a claiming race shall not be sold or ownership transferred, wholly or in part, to anyone within thirty (30) days after the day it was claimed except in another claiming race.500PROCEDURE FOR CLAIMING8.500 - All claims shall be made in writing by an owner or authorized agent on forms and in envelopes furnished by the association and approved by the Division. Both forms and envelopes must be filled out completely and must be sufficiently accurate to identify the claim, otherwise the claim will be void.8.502 - For claiming purposes each member of a partnership or the partnership's authorized agent must sign the claim form.8.504 - A claim must be deposited in the claim box and have the time of day that the claim is entered, recorded on the claim envelope, by mechanical clock or hand written and initialed by a racing official if the mechanical clock is not operational, at least ten (10) minutes before the post time for the race in which the claim is being made. Post time for claiming purposes is the first time posted on the tote board or announced over the public address system.8.506 - Money or its equivalent shall not be put in the claim box. For a claim to be valid the person making the claim must have a credit balance with the association's horsemen's bookkeeper of not less than the amount of the claim.8.508 - Except as provided for elsewhere in these Rules, claims are irrevocable.8.510 - If more than one valid claim is filed for the same horse, the title to the horse shall be determined by lot under the supervision of one or more of the stewards or their designated representative.8.512 - An official or association employee shall not give any information as to the filing of claims until after the race has been run.600TRANSFER OF CLAIMED HORSES8.600 - (Modified Effective date May 15, 2015) When a horse is claimed from a race, it shall be taken to the test barn after the race for delivery to the successful claimant or representative. Authorization from the stewards shall be given before the original owner delivers the horse to the successful claimant. A person shall not refuse to deliver a claimed horse to the successful claimant. In the event of refusal, both the person and the horse may be disqualified until delivery is made. The successful claimant or representative must report to the test barn immediately after the race to take possession of the horse claimed.8.602 - If a claimed horse has been designated for post race testing, the liability for the tests taken shall rest with the former trainer who may be present.8.604 - In claiming races engagements follow the horse unless the conditions of the race specifically state to the contrary.8.606 - (Modified Effective date May 15, 2015) When a horse is claimed it is the duty of the successful claimant to register the change with the racing secretary. The foal certificate of a claimed horse must remain in the custody of the racing secretary until the proper transfer of ownership has been completed, which shall include a copy of the Brand Inspection from the Colorado Department of Agriculture, Division of Brand Inspection. Cost of the Brand Inspection shall be paid by the seller.38 CR 06, March 25, 2015, effective 5/15/201539 CR 07, April 10, 2016, effective 5/15/201640 CR 06, March 25, 2017, effective 5/15/201741 CR 07, April 10, 2018, effective 5/15/201842 CR 06, March 25, 2019, effective 5/15/201942 CR 07, April 10, 2019, effective 5/15/201943 CR 05, March 10, 2020, effective 5/15/202044 CR 07, April 10, 2021, effective 5/15/202145 CR 10, May 25, 2022, effective 6/15/202246 CR 03, February 10, 2023, effective 6/14/202346 CR 10, May 25, 2023, effective 6/14/2023