New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle T - New York State Gaming Commission › Chapter I - Division of Horse Racing and Pari-Mutuel Wagering › Subchapter B - Harness Racing › Part 4109 - Claiming Races › Section 4109.3 - Claiming procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Claimant's
					 credit. The claimant must have to the claimant's credit with the track an
					 amount equivalent to the specified claiming price, the applicable sales tax,
					 the cost of transferring the registration and the fee for the test for equine
					 infectious anemia. No claims shall be accepted unless such credit is certified
					 in writing by an authorized track official and such written certification is
					 included with the claim. Unless the claimant also has to the claimant's credit
					 an amount sufficient to pay the cost of any post-race testing requested on the
					 claim form by the claimant, the commission shall not conduct such testing. No
					 track official of the racing association shall give any information as to the
					 filing of any claim or claim information to the public and horsemen until after
					 the race has been run.
(b) Owner's
					 consent. No declaration to a claiming race shall be accepted unless both the
					 registration certificate of the horse and written authorization by the owner to
					 subject the horse so declared to claim is on file with the racing secretary of
					 the track at which the horse is entered.
(c) Program. The claiming price shall be
					 printed in the program and all claims shall be for the amount so designated and
					 any horse starting in a claiming race may be claimed for the designated
					 price.
(d) Claim box. All claims
					 shall be in legible writing, in a form satisfactory to the commission, sealed
					 in an envelope and presented to the presiding judge or his designee. The
					 presiding judge or his designee shall then write the date and time that the
					 claim was submitted, the date and number of the race, and initial the claim
					 envelope. The claimant must then deposit the claim in a locked claim box at
					 least 30 minutes before the race in the commission office of the
					 track.
(e) Opening of the locked
					 claim box and sealed envelope. No official or other person shall open the claim
					 box and envelope or give any information on claims filed except to check on the
					 claimant's license and eligibility of the claim or at least 10 minutes before
					 post time, to withdraw the claim. Immediately after the race, the claim box
					 shall be opened in the presence of the judges and claims, if any, examined by
					 such officials. If the claimant is properly licensed and the claim form is
					 accurate, signed and complete, the claim can be allowed by the judges. The
					 claim information will then be given to the paddock judge, program director and
					 announced. A claim should not be voided due to minor errors on the claim form.
					 The claim should be voided only if, in the opinion of the presiding judge, it
					 is impossible to determine what horse is being claimed or who submitted the
					 claim.
(f) Multiple claims on same
					 horse. Should more than one claim be filed for the same horse, the successful
					 claimant shall be determined by lot by the judges.
(g) Delivery of claimed horse. A horse
					 claimed shall be delivered with its halter and its shoes intact immediately by
					 the original owner or his trainer to the successful claimant upon direction of
					 the presiding judge.
(h) Refusal to
					 deliver claimed horse. No person shall refuse to deliver a horse after
					 direction by the presiding judge.
(i) Vesting of title. Every horse claimed
					 shall race in all heats of race in the interest and for the account of the
					 owner who declared it to such race, but title to the claimed horse shall be
					 vested in the successful claimant from the time the word "GO" is given by the
					 starter in the first heat, and said successful claimant shall become the owner
					 of the horse, whether it be alive or dead, sound or unsound, or injured either
					 before, during or after the race, except for a misrepresentation as to the sex
					 or age of such animal and except as hereinafter provided in subdivision (o) of
					 this section.
(j) Affidavit by
					 claimant. The judges may require any person making a claim for a horse to make
					 affidavit that such claimant is claiming said horse for such claimant's own
					 account or as authorized agent and not for any other person.
(k) Penalty for 30 days. No right, title, or
					 interest in a horse claimed shall be transferred by the claimant until 30 days
					 have elapsed except in a claiming race. No horse claimed at a track may start
					 at any other track until the meeting has closed or 30 days have elapsed,
					 whichever is sooner, or unless it has been released to start elsewhere by the
					 racing secretary of the track at which it was claimed, in writing.
(l) Return to original owner. A horse claimed
					 shall not remain in the same stable or under the care or management of its
					 original owner or trainer or anyone connected therewith until 30 days have
					 elapsed unless it is subsequently claimed in another claiming race.
(m) Inspection. From 11:30 a.m. to 12 noon
					 the day of its race, the trainer of a horse programmed to start in a claiming
					 race shall make such horse available for inspection outside its stall by anyone
					 desiring to so inspect said horse who is properly in the barn area. For
					 purposes of such inspection, all bandages, blankets, equipment or other
					 covering shall be removed from such horse upon request of such person
					 inspecting.
(n) Scratch. If a
					 horse, listed to start in a claiming race, is scratched, said horse shall be
					 subject to claim in its next start (regardless of the conditions of such race)
					 at the claiming price to which it was subject in the race from which it was
					 scratched. This subdivision shall not apply for more than 30 days to any such
					 horse.
(o) Blood sample procedure
					 if horse is claimed. In the event a horse is claimed and the claimant has
					 indicated on the claiming blank an election to have a test for equine
					 infectious anemia performed and has paid the prescribed fee therefor, a blood
					 sample shall be taken by the State veterinarian, and the sample identified as
					 being from a claimed horse shall be forwarded within 24 hours to an approved
					 laboratory to be tested for equine infectious anemia. Pending the receipt of a
					 negative test for equine infectious anemia the monies paid for the claimed
					 horse shall be held by the track. In the event of a positive test 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 who claimed the horse. The cost of the test is to be borne by the
					 claimant.
(p) Withdrawal of claim.
					 A claimant may withdraw a claim up to 10 minutes before post time of the race
					 in which the horse will compete. The withdrawal must be submitted by the
					 claimant in writing on a form prescribed by the commission.