W. Va. Code R. § 178-1-33

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 178-1-33 - [Effective until 7/21/2024] Claiming Racing - General Provisions

33.1. A person entering a horse in a claiming race warrants that the title to such horse is free and clear of any existing claim or lien, either as security interest mortgage, bill of sale, or lien of any kind; unless before entering such horse, the written consent of the holder of the claim or lien has been filed with the horsemen's bookkeeper. A person may not claim ownership in a horse after the horse has run in a claiming race in the name of another person who, at the time of the race, had peaceable and undisputed possession of the horse.

33.2. Every horse claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse is vested in the successful claimant from the time the horse becomes a starter. The successful claimant shall become the owner of the horse. Provided that, a claim shall be voided if a horse suffers a fatality during the running of the race, dies, or is euthanized by a Racing Commission veterinarian on the race course or an adjacent area to which the horse may be safely and humanely removed as directed by a Racing Commission veterinarian. Provided further that, a claim is voidable at the discretion of the new owner for a period of one hour after the race is made official, for any horse that is vanned off the track at the direction of a Racing Commission veterinarian or that is observed by a Racing Commission veterinarian to be lame or unsound while on the racetrack for that race.

33.3. For claiming purposes, if a horse is owned by more than one (1) owner, the total ownership shall be considered as a single entity.

33.4. At the time of entry into a claiming race, the owner may opt to declare a horse ineligible to be claimed, provided that the horse has been laid off and has not started for a minimum of one hundred eighty (180) days since its last race and is entered for a claiming price equal to or greater than the claiming price of the horse's last start. A notice shall be included in the daily program if an owner opts to declare a horse ineligible to be claimed under this subsection.

33.5. The stewards shall decide any questions arising under these sections pertaining to claiming racing; shall pass upon all claims; and, may, in their discretion, declare any claim void.

W. Va. Code R. § 178-1-33