New Mexico Administrative Code › Title 15 - GAMBLING AND LIQUOR CONTROL › Chapter 2 - HORSE RACING › Part 4 - TYPES OF RACES › Section 15.2.4.8 - CLAIMING RACES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General Provisions:
(1) A person entering a horse in a claiming race warrants that the title to said horse is free and clear of any existing claim or lien, either as security interest mortgage, bill of sale, or lien of any kind; unless before entering such horse, the written consent of the holder of the claim or lien has been filed with the stewards and the racing secretary and its entry approved by the stewards. A transfer of ownership arising from a recognized claiming race will terminate any existing prior lease for that horse.
(2) A filly or mare that has been bred is ineligible to enter into a claiming race unless a licensed veterinarian's certificate dated at least 25 days after the last breeding of that mare is on file with the racing secretary's office stating that the mare or filly is not in foal. However, an in-foal filly or mare shall be eligible to enter into a claiming race if the following conditions are fulfilled:
(a) full disclosure of such fact is on file with the racing secretary and such information is posted in the racing secretary's office;
(b) the stallion service certificate has been deposited with the racing secretary's office (although all information obtained on such certificate shall remain confidential);
(c) all payments due for the service in question and for any live progeny resulting from that service are paid in full;
(d) the release of the stallion service certificate to the successful claimant at the time of claim is guaranteed.
(3) The stewards may void a claim for any horse from a claiming race run in this jurisdiction upon a showing that any party to the claim committed a prohibited action, as specified in Subsection E of 15.2.4 NMAC with respect to the making of the claim, or that the owner of the horse at the time of entry in the claiming race failed to comply with any requirement of this rule. Should the stewards order a claim void, they may also, in their discretion, make a further order for the costs of maintenance and care of the horse as they may deem appropriate.
(4) The successful claimant of a horse shall be notified of a medication violation. Once notified, the successful claimant has 72 hours in which to request the stewards to void the claim. If the claim is voided the stewards may also, in their discretion, make a further order for the costs of maintenance and care of the horse as they may deem appropriate. If the claim is not voided, all applicable time requirements and procedures pursuant to Subsection C of 15.2.6.9 NMAC shall follow the horse.
(5) Title to a horse which is claimed shall be vested in the successful claimant from the time the field has been dispatched from the starting gate and the horse becomes a starter.
(6) All claimed horses shall go to the test barn for observation by the official or racing veterinarian.
(7) The claim shall be voided, and ownership of the horse retained by the original owner if:
(a) the horse dies on the racetrack;
(b) the horse is euthanized before leaving the racetrack;
(c) the horse is vanned off the racetrack by discretion of the official or racing veterinarian.
(d) the official or racing veterinarian determines within 60 minutes of the race that the horse will be placed on the veterinarians' list as bled, physically distressed, medically compromised, unsound, or lame before the horse is released to the successful claimant.
(8) The claim shall not be voided, if prior to the race in which the horse is claimed, the claimant elects to claim the horse regardless of whether the official or racing veterinarian determines the horse will be placed on the veterinarians' list as bled or unsound or the horse tests positive for a prohibited substance.