N.Y. Comp. Codes R. & Regs. tit. 9 § 4038.19

Current through Register Vol. 46, No. 25, June 18, 2024

Section 4038.19 - Certain voidable claims

(a) Race-day positive. 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 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.

(b) Erythropoietin and darbepoetin. 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.

(c) Reserpine and fluphenazine. 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.

(d) Upper neurectomy or unreported lower neurectomy. 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.

(e) Undeclared pregnant mare. 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.

(f) Misrepresentation of age or sex. 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.

(g) Excess TCO2 levels. 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4038.19

Amended New York State Register August 10, 2016/Volume XXXVIII, Issue 32, eff. 8/10/2016