Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 06 - Racing Commission › Rule 006.06.20-017 - Thoroughbred Rule 2434

Current through Register Vol. 49, No. 6, June, 2024
2434.
(a) Claims are irrevocable except as
			 otherwise provided in subsection (e) of this Rule.
(b) At the time of filing the claim form,
			 claimants shall have the right to designate on the claim form a request for a
			 post-race test of the claimed horse for beta-2 agonists, anabolic steroids and
			 blood doping agents determined from time to time by the Commission
			 Veterinarian, including, but not limited to, clenbuterol, Erythropoietin,
			 Darbepoetin, Oxyglobin and Hemopure, (a "Blood Doping Agent"). In the event a
			 request for the post-race test for beta-2 agonists, anabolic steroids and Blood
			 Doping Agents is marked on the successful claimant's claim form, the claimed
			 horse shall be taken to the test barn immediately after the race, a blood,
			 urine and/or hair sample shall be obtained from the horse by the Commission
			 Veterinarian or Commission Veterinarian's assistant, and the sample shall be
			 submitted to a Commission-approved laboratory to test for the presence of
			 beta-2 agonists, anabolic steroids and Blood Doping Agent antibodies. The
			 blood, urine or hair sample shall be taken, contained and submitted to the
			 Commission-approved laboratory in accordance with the rules and procedures,
			 including split samples, applicable to other post-race tests for foreign
			 substances. The beta-2 agonists, anabolic steroids and Blood Doping Agents to
			 be tested for shall include clenbuterol, Erythropoietin, Darbepoetin,
			 Oxyglobin, Hemopure and such other beta-2 agonists, anabolic steroids and blood
			 doping agents determined from time to time by the Commission
			 Veterinarian.
(c) The successful
			 claimant shall be responsible for paying the cost for the test for beta-2
			 agonists, anabolic steroids and Blood Doping Agents. This cost shall be posted
			 by the Commission Veterinarian and shall be deducted from the successful
			 claimant's account with the horsemen's bookkeeper.
(d) If for any reason the claimed horse is
			 unable to go to the test barn following the race, the Commission Veterinarian
			 or Commission Veterinarian's Assistant will make reasonable efforts to reach
			 the horse and obtain a blood, urine and/or hair sample for testing. If for any
			 reason the Commission Veterinarian or Commission Veterinarian's Assistant is
			 unable or otherwise fails to obtain a blood, urine or hair sample, the
			 successful claimant's right to revoke the claim under this Rule shall be
			 forfeited.
(e) The successful
			 claimant shall have the right to void the claim if the Stewards determine that
			 the blood, urine or hair sample from the claimed horse exhibited a positive
			 response to the test for any beta-2 agonist, anabolic steroid or Blood Doping
			 Agent under the testing guidelines established by the Commission Veterinarian;
			 provided, any such revocation of the claim must be submitted in writing to the
			 Stewards within the forty-eight (48) hour period after the Stewards' decision
			 on the positive test result is made public, as set forth below.
(f) Once the Stewards' determination of the
			 positive test result for beta-2 agonists, anabolic steroids and a Blood Doping
			 Agent is made public, the successful claimant shall have forty-eight (48) hours
			 thereafter to exercise his or her right to revoke the claim. Such revocation
			 must be in writing and must be submitted to the Stewards within said
			 forty-eight (48) hour time period. If no such revocation is received by the
			 Stewards within the designated forty-eight (48) hour time period, the
			 successful claimant shall forfeit the right to revoke the claim.
(g) If the successful claimant revokes the
			 claim in accordance with this Rule, the Stewards shall order that (i) the horse
			 be returned promptly to the former owner from whom the horse was claimed, and
			 (ii) the claim money be returned promptly to the claimant revoking the claim,
			 regardless of any appeals, hearings or other delays of any type.
(h) The successful claimant shall be
			 responsible for all expenses for the care and maintenance of the horse from the
			 time the horse is transferred to the claimant until the time the horse is
			 returned to the prior owner following revocation of the claim in accordance
			 with this Rule.
(i) In the event a
			 claimed horse suffers a fatality during the running of the race (or on the race
			 track after the running of the race and before control of the horse is
			 transferred to the claimant), or the horse is otherwise removed from the race
			 track in the horse ambulance, the claim shall be declared void by the Board of
			 Stewards unless the claimant notifies the Board of Stewards within fifteen (15)
			 minutes after the race is declared official that the claimant desires for the
			 claim to remain in effect. Any such notice must be provided within said fifteen
			 (15) minute period by the claimant-owner or the claimant-owner's trainer, or by
			 a representative thereof designated in writing for this purpose by the
			 claimant-owner or claimant-owner's trainer to the Board of Stewards prior to
			 the running of the race with respect to which the claim was
			 submitted.
(j) In the event a
			 claimed horse suffers an injury during the running of the race (or on the race
			 track after the running of the race and before control of the horse is
			 transferred to the claimant), but the horse is not removed from the race track
			 in the horse ambulance
(i) pursuant to
			 instructions from the Association Veterinarian,
(ii) contrary to instructions from the
			 Association Veterinarian,
(iii)
			 because of unavailability of a horse ambulance, or
(iv) because of other extenuating
			 circumstances (e.g., horse is injured in the race, loses jockey, and runs loose
			 off the track), the Board of Stewards may, after consultation with the
			 Association Veterinarian, declare the claim void unless the claimant notifies
			 the Board of Stewards within fifteen (15) minutes after the race is declared
			 official that the claimant desires for the claim to remain in effect. Any such
			 notice must be provided within said fifteen (15) minute period by the claimant-
			 owner or the claimant-owner's trainer, or by a representative thereof
			 designated in writing for this purpose by the claimant-owner or
			 claimant-owner's trainer to the Board of Stewards prior to e race with respect
			 to which the claim was submitted.