N.Y. Comp. Codes R. & Regs. tit. 9 § 4038.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4038.1 - Who may make claim

(a) Licensed and participating owners. Claims may be made by an owner licensed for the current year, or duly authorized agent, if the owner is presently registered in good faith for racing at that meeting and the owner has started a horse:

(1) within the previous 120 days, including the race in which such horse started, in a race meeting of the licensed or franchised association; or

(2) in the current or previous race meeting of the licensed or franchised racing association.

Such claim shall be in the name of the owner making the claim, or in the name of the entity of which the potential claimant is the managing owner.

(b) Holder of a certificate of eligibility to claim. A person who has not previously been licensed in any state as an owner, upon application for an owners' license in this State, may apply to the stewards for a certificate authorizing him or her to claim one horse during the next 30 racing days following the issuance of the certificate. The stewards may grant an extension of 30 racing days if the certificate holder had entered a claim but had lost the disposition by lot pursuant to section 4038.5(b) of this Part. The certificate shall be valid for claiming only at the track of the racing association at which it was issued. Such certificate shall be issued by the stewards only after the stewards have been advised i by the commission that after an initial background check, and from the face of the application, the applicant appears to be qualified to be licensed and only after the applicant has designated a licensed trainer who will assume care and responsibility for the horse to be claimed.

(c) Ownership interest restriction. No person shall claim any horse in which he or she has an ownership interest or cause any horse in which he or she has an ownership interest to be claimed directly or indirectly for his or her own account.

(d) Owner who had a horse claimed. Notwithstanding the provisions of subdivision (a) of this section, an owner who shipped in to race and had a horse claimed from him or her at the meeting, shall be eligible to claim one horse for that ownership entity for the remainder of the meeting or for the next 30 days, whichever is longer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4038.1

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/28/2022

Amended New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024