Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 06 - Racing Commission › Rule 006.06.21-003 - Thoroughbred Rule 2426 Claiming

Current through Register Vol. 49, No. 6, June, 2024
2426.
			 In claiming races on the flat, any horse is subject to claim by (i) any owner
			 in good standing or (ii) a person who has been issued a "claiming
			 authorization" as provided below in Rule 2426 (a "Claiming Authorization").
			 However, no owner (who has not otherwise been issued a Claiming Authorization)
			 may claim a horse at Oaklawn unless that owner (either individually or through
			 co-ownership, partnership, limited liability company, corporation or other
			 entity in which the owner owns an equity interest);
(1) has foal papers on file in the Oaklawn
			 racing office with respect to a horse eligible to race at Oaklawn, or
(2) has started a horse at the Oaklawn
			 meeting and does not currently have foal papers on file in the racing office
			 with respect to a horse eligible to race at Oaklawn because the owner's last
			 horse(s) was claimed
(i.e.,
in the case of (1) or (2) above,
			 that owner is not required to obtain a "Claiming Authorization" and is
			 immediately eligible to claim a horse at Oaklawn, provided such claim is in
			 compliance with all other applicable claiming rules).
CLAIMING AUTHORIZATION:
(a) The Stewards or their appointed
			 representatives shall issue a Claiming Authorization to any person who makes
			 application therefor on forms prescribed for that purpose and who:
(1) meets all requirements for the issuance
			 of an owner's license;
(2) either
			 (A) is not presently involved, and does not have a spouse presently involved,
			 as an owner of a horse in thoroughbred racing able and eligible to race at
			 Oaklawn, (B) was an owner (either individually or through co-ownership,
			 partnership, limited liability company, corporation or other entity in which
			 the owner owns an equity interest) of a horse that had an "official start" in a
			 prior race at Oaklawn during the immediately preceding Oaklawn race meet, or
			 (C) has foal papers on file in the Oaklawn racing office with respect to a
			 horse eligible to race at Oaklawn;
(3) has an agreement with a licensed trainer
			 to take charge of, care for and train any horse claimed pursuant to the
			 Claiming Authorization (and the holder of a Claiming Authorization and the
			 trainer shall each promptly notify the Stewards in writing if such agreement is
			 terminated before a horse is successfully claimed);
(4) has at least the amount of the claim on
			 deposit or credited with the horsemen's bookkeeper; and
(5) a claiming certificate may not be
			 utilized until 24 hours shall have elapsed since the application was received
			 and approved by the Stewards.
However, notwithstanding the foregoing, a Claiming
				Authorization may not be issued to any thoroughbred horse trainer licensed as
				such in any jurisdiction unless the trainer is a member of a partnership,
				limited liability company, corporation or other entity that would otherwise be
				eligible for a Claiming Authorization and the claim is being made by that
				partnership, limited liability company, corporation or other entity.
(b) The Claiming
			 Authorization shall be valid for the race meet in which it is issued or until
			 such earlier time as the person to whom the Claiming Authorization was issued
			 (i) executes a claim and becomes an owner of a horse through use of the
			 Claiming Authorization, or (ii) in the case of a Claiming Authorization issued
			 to a person under section 2426(a)(2)(A) above, through private purchase. A
			 person shall not be eligible for issuance of more than one (1) Claiming
			 Authorization for the same race meeting unless the person presents evidence to
			 the satisfaction of the Stewards that the person is no longer the owner (either
			 individually or through co-ownership, partnership, limited liability company,
			 corporation or other entity in which the owner owns an equity interest) of a
			 horse able to race at Oaklawn because of illness or injury to the
			 horse.
(c) If the applicant has not
			 been issued an owner's license for the current race meet, the same fee charged
			 for an owner's license shall be payable to the Commission by the applicant
			 prior to issuance of a Claiming Authorization. The holder of a Claiming
			 Authorization shall not, by virtue thereof, be entitled to admission to the
			 grandstand, clubhouse, or other spectator facility at prices less than those
			 charged the general public.
(d) An
			 application for Claiming Authorization may be denied or revoked for any reason
			 that would justify denial, suspension or revocation of an owner's license. Any
			 person whose Claiming Authorization is denied or revoked shall have the same
			 rights to notice and hearing as an owner whose license is denied, suspended or
			 revoked.
(e) A holder of a Claiming
			 Authorization for the current race meet who has not previously been granted an
			 owner's license for the current race meet will be issued an owner's license
			 without payment of any additional fees, but subject to the other requirements
			 for issuance of an owner's license.