Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.22 - BOARD OF HORSE RACING › Subchapter 8.22.30 - General Conduct of Racing › Rule 8.22.3004 - CLAIMING

Current through Register Vol. 13, July 5, 2024
(1) In claiming
				races any horse is subject to claim for its entered price by an owner whose
				horse's papers have been entered in the race office for racing at that meeting
				or by a licensed authorized agent for the account of such owner, provided
				however, that no person shall claim his own horse, or cause his horse to be
				claimed directly or indirectly for his own account.
(2) No authorized agent, although
				representing several owners, shall submit more than one claim for any one
				race.
(3) 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.
(4) A horse which is declared
				the official winner in a claiming race, and is claimed out of that race, must
				start for 25% or more than that claiming price for a period of 30 days
				(excluding the day it was claimed). Any horse which is not declared the
				official winner of a race, and is claimed from that race, is eligible to start
				for any price.
(5) If a horse is
				claimed it shall not be sold or transferred to any one wholly or in part,
				except in a claiming race, for a period of 30 days from the date of claim, nor
				shall it, unless reclaimed, remain in the same stable or management of its
				former owner or trainer for a like period.
(6) A claimed horse shall not race elsewhere
				until after the close of the meeting at which it was claimed except by
				permission of the stewards at the meeting where the horse was
				claimed.
(7) The claiming price of
				each horse in a claiming race shall be printed on the program, and all claims
				for said horse shall be 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 the direction of one or more of the stewards or their
				representative.
(8) All claims must
				be made in writing, on forms and in envelopes furnished by the race meeting and
				approved by the board. Both forms and envelopes must be filled out completely
				and must be sufficiently accurate to identify the claim, otherwise the claim
				will be void.
(9) No money shall
				accompany the claim. Each person desiring to make a claim, must first deposit
				with the licensee the whole amount of the claim in cash, certified check or
				money order for which a receipt will be given unless at the time of depositing
				said claim he shall have such amount to his credit with the licensee.
(10) In claiming races not more than two
				horses in the same interest or under the control of the same trainer can start.
				The foal certificate of a claimed horse must remain in the racing secretary's
				office until the new owner removes the horse from the track.
(11) All claims shall be deposited in the
				claiming box at least 10 minutes before each post time. Any exception to this
				rule must be made by the board of stewards and posted in the racing office
				before the meet starts.
(12) No
				official or other employee of any race meeting shall give any information as to
				the filing of claims until after the race has been run.
(13) All claims shall be passed upon by the
				stewards, or their designated representatives. When a claim has been filed it
				is irrevocable and at the risk of the claimant.
(14) A horse claimed shall not be delivered
				by the original owner to the successful claimant, until authorization shall be
				given by the stewards, 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 the time said
				horse becomes a starter and said successful claimant shall become the owner of
				the horse, whether it be alive or dead, sound or unsound, injured during the
				race or after it.
(15) The stewards
				may, at any time, in their discretion, require any person making a claim for a
				horse in any claiming race, to make affidavit in writing that he is claiming
				said horse for his own account or as authorized agent, and not for any other
				person.
(16) No person shall refuse
				to deliver to the person legally entitled thereto a horse claimed out of a
				claiming race. Any horse not delivered to the person legally entitled thereto
				shall be disqualified from racing until delivery is made.
(17) 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 anyone 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.
(18) When a stable has been eliminated by
				claiming, the owner so affected (if he has not acquired a horse or horses
				before the close of the meeting) may obtain a certificate from the stewards of
				the meeting and on presentation of that certificate, the owner shall be
				entitled to claim during the next 30 racing days at any recognized meeting in
				this state until he has claimed a horse. Stables eliminated by fire or other
				hazards may also be permitted to claim this rule at the discretion of the
				stewards.
(19) Should any stable
				registered at a meeting be eliminated by sale or removal from the grounds, the
				right to claim is void.
(20) Should
				the stewards, within 24 hours after the running of a race, be of the opinion
				that the lease, sale or entry of a horse was not made in good faith, but was
				made for the purpose of obtaining the privilege of entering a claim, then in
				such case they may disallow or cancel any such claim and order the return of a
				horse that may been been delivered and refer the case to the board for further
				action.
(21) When a registered
				quarter horse is claimed the racing secretary shall collect a transfer fee from
				the claimant, which shall be forwarded to the American Quarter Horse
				Association, Amarillo, Texas, together with the registration certificate,
				written report of the race showing the date of the race, and the name and
				address of the person claiming the horse. Upon receipt of such fee,
				certificate, and report, the association shall make the transfer without report
				signed by the registered owner.
(22) Any registered quarter horse claimed in
				Montana will be permitted to race for the duration of the meet at which the
				horse was claimed, with a registration certificate in the name of the prior
				owner if the transfer attached thereto adequately indicates the present
				ownership. The registration certificate will be sent to the American Quarter
				Horse Association at the conclusion of said meet.
(23) For claiming purposes, a corporation
				must have an authorized agent. A notarized instrument acceptable to the board
				must be signed by the president and secretary of the corporation with the
				corporate seal attached appointing the authorized agent.
(24) When a house is claimed, all of its
				conditions accompany the claim.
23-4-104,
					 23-4-202, MCA; IMP,
					 23-4-104,
					 MCA;