Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Horse Racing General Rules › Part 3 - THOROUGHBRED RACING › Section R. 431.3201 - Claiming; form; accuracy; time of deposit; voiding a claim

Current through Vol. 24-12, July 15, 2024
Rule 3201.
(1) A
				  claim shall be made in writing on a form in an envelope furnished by the
				  association and approved by the executive director. Both form and envelope
				  shall be filled out completely and shall accurately identify the claim. A form
				  and envelope that are not filled out completely or that do not accurately
				  identify the claim render the claim void.
(2) A claim shall be deposited in the claim
				  box not less than 15 minutes before post time of the race to which the claim
				  pertains. The claim box shall be removed from the counter of the office not
				  less than 15 minutes before post time of the race, as determined by the
				  official track clock showing post time.
(3) Money or its equivalent shall not be put
				  in the claim box. For a claim to be valid, the person making the claim shall
				  have a credit balance in his or her account with the horsemen's bookkeeper of
				  not less than the amount of the claim.
(4) A claim is irrevocable except as allowed
				  under these rules.
(5) The stewards
				  or their designated representative shall open the claim envelopes for each race
				  as soon as, but not until, the horses for the race enter the race course on the
				  way from the paddock to post.
(6)
				  An official or other employee of an association shall not give any information
				  as to the filing of claims except as is necessary for processing of the claims
				  until the race has been run.
(7)
				  Title to a claimed horse shall be vested in the successful claimant when the
				  horse becomes a starter. A horse is a starter when the stall doors of the
				  starting gate open in front of the horse at the time the official starter
				  dispatches the horses.
(8) A
				  claimed horse shall run in the interest and for the account of the owner who
				  entered it.
(9) The stewards shall
				  be the judges of the validity of a claim. A claim that is not made in
				  compliance with these rules is void.
(10) If a claimed horse is excused by the
				  stewards before the start of the race, a claim for such horse is
				  void.
(11) All claimed horses must
				  be post-race drug tested whereby the horse must be taken to the detention area
				  and remains under control of the original trainer, until released from the
				  detention area. The claimant shall present written authorization for the claim
				  from the racing secretary. Any person who refuses to deliver a horse legally
				  claimed out of a claiming race shall be suspended together with the horse until
				  delivery is made.
(12) If more than
				  1 valid claim is filed for the same horse, title to the horse shall be
				  determined by lot under the supervision of 1 or more of the stewards. Claimants
				  shall be allowed to inspect claim forms apparatus used in the drawing of lot
				  and be present for the draw.
(13)
				  Notwithstanding any incorrect designation of sex or age appearing in the racing
				  program or in any racing publication, the claimant of a horse shall be solely
				  responsible for determining the age or sex of the horse claimed.
(14) Should the analysis of a post-race
				  blood, urine, or other sample taken from a claimed horse result in a post-race
				  positive test, or if the test results of a previous race have not been cleared
				  by the date of the claim and result in a post-race positive test, 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 such notice by the
				  claimant's trainer. If the claimed horse starts in a race for the claimant,
				  this rule may not be used to void the claim. 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.
(15) A
				  claim is void for any horse that dies during a race or is euthanized on the
				  race course following a race.
(16)
				  A claim is voidable at the discretion of the new owner, for a horse that is
				  placed on the veterinarian's list before leaving the detention barn following
				  the race from which it is claimed. An election to void the claim must be made
				  in writing to the stewards by the claimant or the claimant's trainer within one
				  hour after verbal notification by the official veterinarian that the horse has
				  been placed on the veterinarian's list following the race from which it is
				  claimed.
(17) If a horse is
				  claimed, a blood sample may be taken by a licensed veterinarian and 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.