Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 4.00 - Rules of Horse Racing › Section 4.06 - Claiming

Current through Register 1525, July 5, 2024
(1) In claiming races any horse is subject to
			 claim for its entered price by any owner registered in good faith for racing at
			 the meeting or by his or her authorized agent. Said claim is for the account
			 only of the owner making the claim or for whom the claim was made by the agent
			 provided. No person shall claim his or her own horse or cause his or her horse
			 to be claimed directly or indirectly for his or her own account.
(2) No one may claim more than one horse out
			 of any one race.
(3) No authorized
			 agent, although representing several owners shall submit more than one claim
			 for any one race.
(4) When a stable
			 consists of horses owned by more than one person, trained by the same trainer,
			 not more than one claim may be entered on behalf of such stable in any one
			 race.
(5) If a horse is claimed, it
			 shall not start in a claiming race for a period of 30 days from the date of
			 claim for less than the amount for which it was claimed. A claimed horse shall
			 not race elsewhere until after the close of the meeting at which it was claimed
			 or until 60 calendar days the day after the claim, whichever comes
			 first.
(6) The adoption by any
			 state of any rule limiting the amount at which a horse may be entered in a
			 claiming race shall not be deemed inconsistent with the foregoing
			 rule.
(7) When a horse is claimed
			 at a recognized meeting under rules that are at variance with 205 CMR 4.06,
			 title to such horse shall be recognized in Massachusetts to follow the rule of
			 the meeting under which it was claimed.
(8) Not more than two horses of the same
			 ownership or interest shall be entered in a claiming race and both may start
			 except that two horses coupled by common ownership shall not start if it
			 deprives an uncoupled horse of starting.
(9) If a horse is claimed it shall not be
			 sold or transferred to anyone wholly or in part, except in a claiming race, for
			 a period of 30 days from the date of claim (the day of the claim and the
			 30th day from the day of the claim shall not be
			 counted), nor shall it, unless reclaimed, remain in the same stable or under
			 the control or management of its former owner or trainer for a like
			 period.
(10) The claiming price of
			 each horse in a claiming race shall be printed on the program, and all claims
			 for said horse shall be for the amount so designated. Should more than one
			 claim be filed for the same horse, the disposition of the horse shall be
			 determined by lot under direction and supervision of one or more of the
			 Stewards.
(11) All claims must be
			 made in writing, on forms and in envelopes furnished by the Association and
			 approved by the Commission. Both forms and envelopes must be filled out
			 completely and must be sufficiently accurate to identify the claim; otherwise
			 the claim will be void.
(12) Each
			 person desiring to make a claim must first deposit with the Association's
			 horsemen's bookkeeper the whole amount of the claim in cash plus any amount
			 that may be required by Federal, State or Local law as a tax, for which a
			 receipt will be given unless at the time of depositing said claim he or she
			 shall have such amount to his credit with the Association.
(13) All claims shall be sealed and deposited
			 in a locked box provided for this purpose. No money shall accompany the
			 claim.
(14) When a claim has been
			 filed it is irrevocable and at the risk of the claimant.
(15) The money deposited for any claimed
			 horse shall be held by the racing secretary until the registration certificate
			 on the claimed horse is surrendered, though the claimed horse may go on and
			 race for the new owner or owners, regardless.
(16) All claims shall be deposited in the
			 claiming box at least ten minutes before the established post time of each
			 race; shall be certified by an approved time stamp and the claim box shall be
			 opened only in the presence of the Stewards or their deputy.
(17) No official or other employee of an
			 Association shall give any information as to the filing of claims until after
			 the race has been run.
(18) The
			 Stewards or their deputy shall pass upon all claims.
(19) A horse claimed shall not be delivered
			 by the original owner to the successful claimant until authorization shall be
			 given by the clerk of the Course, and every horse so 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 shall be vested in the successful claimant from time said
			 horse becomes a starter and said claimant shall become the owner of the horse,
			 whether it be alive or dead, sound or unsound or injured during the race or
			 after it.
(20) The Stewards may, at
			 any time, at their discretion, require any person making a claim for a horse in
			 any claiming race, to make affidavit in writing that he or she is claiming said
			 horse for his or her own account or as authorized agent and not for any other
			 person. Any person making such affidavit willfully and falsely shall be subject
			 to punishment in the same manner as is provided for the punishment of other
			 persons' violation of any of the terms of 205 CMR 4.06.
(21) No person shall refuse to deliver to the
			 person legally entitled thereto a horse claimed out of a claiming race, and
			 furthermore, the horse in question shall be disqualified until delivery is
			 made.
(22) No person shall offer,
			 or enter into an agreement, to claim or not to claim, or attempt to prevent
			 another person from claiming, any horse in a claiming race; nor shall any
			 person attempt by intimidation to prevent any one from running a horse in any
			 race for which it is entered nor shall any owner or trainer running horses in
			 any claiming race make any agreement for the protection of each other's
			 horses.
(23) No person or persons
			 shall enter, or allow to be entered, in a claiming race, a horse against which
			 any claim is held, either as a mortgage, bill of sale, or lien of any kind,
			 unless when or before entering the horse the written consent of the holder of
			 the claim shall be filed with the Clerk of the Course of the Association
			 conducting said race.
(24)
			 Notwithstanding any designation of sex appearing on the racing program or in
			 any racing publication, the claimant of a horse shall be solely responsible for
			 determining the sex of the horse claimed.
(25) When a horse is claimed out of a
			 claiming race, the horse's engagements are included.
(26) Any person or persons claiming ownership
			 in a horse after such horse has run in a claiming race in the name of another
			 person having peaceful and undisputed possession of that horse shall be ruled
			 off.
(27) The claiming rules set
			 forth in 205 CMR 4.06(1) through (26) shall apply to all races under the
			 jurisdiction of the Commission, including steeplechases, which are run under
			 claiming conditions; provided, however that in any such steeplechase no horse
			 shall be subject to claim except by the owners of other horses running in such
			 race, or their authorized agent, but for the account of the person making the
			 claim.
(28) Any person violating
			 any of the provisions of 205 CMR 4.06 shall be subject to punishment by the
			 Stewards who may, in their discretion, punish the person so offending by
			 forfeiture or suspension or ruling off, or by denying the privilege of the
			 course. The Stewards shall, in every case, report their action to the
			 Commission which may exclude such person either temporarily or permanently from
			 all race meetings under its jurisdiction.
(29) The Stewards shall issue a claiming
			 authorization to any person who makes an application on forms prescribed for
			 that purpose and who meets the following three requirements:
(a) Meets all the requirements for the
			 issuance of an owner's license, except that the applicant need not own a horse
			 or have any previous experience in racing.
(b) Has an agreement with a licensed trainer
			 to train any horse claimed pursuant to the claiming authorization. The holder
			 of a claiming authorization and the trainer shall promptly notify the Stewards
			 in writing if such agreement is terminated before a horse is successfully
			 claimed.
(c) Has on deposit with
			 the horsemen's bookkeeper the amount of the claim plus any amount that may be
			 required by Federal, State, or Local law as a tax.