Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 4 - STANDARDBRED RACING › Section R. 431.4140 - Claiming; title transfer

Current through Vol. 24-12, July 15, 2024
Rule 4140.
(1) A
				  horse claimed shall race in all heats or dashes of the race in the interest and
				  for the account of the owner who declared it in the race, but title to the
				  claimed horse shall be vested in the successful claimant from the time when the
				  word "go" is given in the first heat or dash except as provided in these
				  rules.
(2) The stewards shall
				  require a person making a claim for a horse to file an affidavit that he or she
				  is claiming the horse for his or her own account or as authorized agent and not
				  for any other person. Any person who files a false affidavit shall be subjected
				  to disciplinary action.
(3) A
				  claimed horse shall not be sold or transferred, wholly or in part, to anyone
				  within 30 days after the day it was claimed, except in another claiming
				  race.
(4) If a horse in a claiming
				  race is scratched by the stewards for any reason, including being declared a
				  non-starter, any claims on that horse are void. However, that horse in its next
				  start, regardless of the condition of the race entered, may be claimed for the
				  same price as the race from which it was scratched. This subrule applies from
				  the date of the scratch or declaration of a non-starter until the last day of
				  the final harness race meeting licensed by the executive director that year.
				  This subrule does not include horses scratched due to entry error or
				  ineligibility, which is verified by the race office in writing. Any horse
				  scratched from a claiming race and taken out of state to race shall upon its
				  return to Michigan be bound by this subrule within the same year.
(5) If the analysis of a post-race blood or
				  urine sample taken from a claimed horse results in a post-race positive test
				  for an ARCI class 1 drug, the claimant's trainer shall be promptly notified by
				  the stewards and the claimant shall have the option to void the claim within 3
				  days of the notice by the claimant's trainer. An election to void a claim shall
				  be submitted in writing to the stewards by the claimant or the claimant's
				  trainer. If the claim is voided, the horse shall be returned to the owner of
				  the horse who subjected the horse to claiming in the race from which the
				  positive test resulted.
(6) If a
				  horse is claimed, a blood sample may be taken by a licensed veterinarian to be
				  tested for equine infectious anemia. The sample shall be forwarded within 24
				  hours to an approved laboratory. Pending the receipt of a negative test for
				  equine infectious anemia, the money paid for the claimed horse shall be held by
				  the association. If the test is positive 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 or persons
				  who claimed the horse. The cost of the test is to be borne by the
				  claimant.
(7) A claimed horse is
				  not eligible to race in any other jurisdiction other than Michigan for a period
				  of 30 days from the date of claim or until after the close of the live race
				  meeting at which it was claimed, whichever period of time is the
				  less.
(8) The stewards shall be the
				  judges of the validity of a claim.
(9) A claim not filled out completely or that
				  does not accurately identify the claim renders the claim void.
(10) Notwithstanding any incorrect
				  designation of sex or age appearing in the racing publication, the claimant of
				  a horse shall be solely responsible for determining the age or sex of the horse
				  claimed.
(11) A person shall not
				  enter a horse in a claiming race without disclosing the horse's true ownership.
				  When a horse is claimed, the change of ownership of a horse entered in a
				  claiming race by someone who does not have undisputed possession of the horse
				  shall not be considered after closing time for claims of that race.