N.Y. Comp. Codes R. & Regs. tit. 9 § 4109.3

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

Section 4109.3 - Claiming procedure

(a) Claimant's credit. 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.

(b) Owner's consent. 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.

(c) Program. 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.

(d) Claim box. 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.

(e) Opening of the locked claim box and sealed envelope. 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.

(f) Multiple claims on same horse. Should more than one claim be filed for the same horse, the successful claimant shall be determined by lot by the judges.

(g) Delivery of claimed horse. 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.

(h) Refusal to deliver claimed horse. No person shall refuse to deliver a horse after direction by the presiding judge.

(i) Vesting of title. 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.

(j) Affidavit by claimant. 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.

(k) Penalty for 30 days. 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.

(l) Return to original owner. 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.

(m) Inspection. 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.

(n) Scratch. 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.

(o) Blood sample procedure if horse is claimed. In the event a horse is claimed and the claimant has indicated on the claiming blank an election to have a test for equine infectious anemia performed and has paid the prescribed fee therefor, a blood sample shall be taken by the State veterinarian, and the sample identified as being from a claimed horse shall be forwarded within 24 hours to an approved laboratory to be tested for equine infectious anemia. Pending the receipt of a negative test for equine infectious anemia the monies paid for the claimed horse shall be held by the track. In the event of a positive test 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 who claimed the horse. The cost of the test is to be borne by the claimant.

(p) Withdrawal of claim. 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4109.3

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff.2/10/2016