Mich. Admin. Code R. 431.3201

Current through Vol. 24-22, December 15, 2024
Section R. 431.3201 - Claiming; form; accuracy; time of deposit; voiding a claim

Rule 3201.

(1) A claim shall be made in writing on a form in an envelope furnished by the association and approved by the executive director. Both form and envelope shall be filled out completely and shall accurately identify the claim. A form and envelope that are not filled out completely or that do not accurately identify the claim render the claim void.
(2) A claim shall be deposited in the claim box not less than 15 minutes before post time of the race to which the claim pertains. The claim box shall be removed from the counter of the office not less than 15 minutes before post time of the race, as determined by the official track clock showing post time.
(3) Money or its equivalent shall not be put in the claim box. For a claim to be valid, the person making the claim shall have a credit balance in his or her account with the horsemen's bookkeeper of not less than the amount of the claim.
(4) A claim is irrevocable except as allowed under these rules.
(5) 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 race course on the way from the paddock to post.
(6) An official or other employee of an association shall not give any information as to the filing of claims except as is necessary for processing of the claims until the race has been run.
(7) Title to a claimed horse shall be vested in the successful claimant when the horse becomes a starter. A horse is a starter when the stall doors of the starting gate open in front of the horse at the time the official starter dispatches the horses.
(8) A claimed horse shall run in the interest and for the account of the owner who entered it.
(9) The stewards shall be the judges of the validity of a claim. A claim that is not made in compliance with these rules is void.
(10) If a claimed horse is excused by the stewards before the start of the race, a claim for such horse is void.
(11) All claimed horses must be post-race drug tested whereby the horse must be taken to the detention area and remains under control of the original trainer, until released from the detention area. The claimant shall present written authorization for the claim from the racing secretary. Any person who refuses to deliver a horse legally claimed out of a claiming race shall be suspended together with the horse until delivery is made.
(12) If more than 1 valid claim is filed for the same horse, title to the horse shall be determined by lot under the supervision of 1 or more of the stewards. Claimants shall be allowed to inspect claim forms apparatus used in the drawing of lot and be present for the draw.
(13) Notwithstanding any incorrect designation of sex or age appearing in the racing program or in any racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed.
(14) Should the analysis of a post-race blood, urine, or other sample taken from a claimed horse result in a post-race positive test, or if the test results of a previous race have not been cleared by the date of the claim and result in a post-race positive test, the claimant's trainer shall be promptly notified by the stewards and the claimant shall have the option to void the claim within 3 days of such notice by the claimant's trainer. If the claimed horse starts in a race for the claimant, this rule may not be used to void the claim. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant's trainer. If 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.
(15) A claim is void for any horse that dies during a race or is euthanized on the race course following a race.
(16) A claim is voidable at the discretion of the new owner, for a horse that is placed on the veterinarian's list before leaving the detention barn following the race from which it is claimed. An election to void the claim must be made in writing to the stewards by the claimant or the claimant's trainer within one hour after verbal notification by the official veterinarian that the horse has been placed on the veterinarian's list following the race from which it is claimed.
(17) If a horse is claimed, a blood sample may be taken by a licensed veterinarian and tested for equine infectious anemia. The sample shall be forwarded within 24 hours to an approved laboratory. Pending the receipt of a negative test for equine infectious anemia, the money paid for the claimed horse shall be held by the association. If the test is positive for equine infectious anemia, the ownership of the claimed horse shall revert to the owner from whom the horse was claimed, and the claiming monies shall be returned to the person or persons who claimed the horse. The cost of the test is to be borne by the claimant.

Mich. Admin. Code R. 431.3201

1985 AACS; 2021 MR 6, Eff. 3/26/2021