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 4109.7 - Certain voidable claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Race-day
					 positive. Should the analysis of a race-day blood or urine sample taken from a
					 claimed horse result in a positive test, or if the race-day test results of a
					 previous race have not been cleared by the date of the claim and result in a
					 positive test, the claimant's trainer shall be promptly notified in writing by
					 the judges and the claimant shall have the option to void said claim within
					 five days of receipt of such notice by such trainer. An election to void a
					 claim shall be submitted in writing to the judges by the claimant or such
					 claimant's trainer.
(b)
					 Erythropoietin and darbepoetin. Should the analysis of a post-race blood or
					 urine sample taken from a claimed horse result in a finding by the laboratory
					 that the antibody of erythropoietin or darbepoetin was present in the sample
					 taken from that horse, the claimant's trainer shall be promptly notified in
					 writing by the judges and the claimant shall have the option to void said claim
					 within five days of receipt of such notice by the claimant's trainer. An
					 election to void a claim shall be submitted in writing to the judges by the
					 claimant or his trainer.
(c)
					 Reserpine and fluphenazine. Notwithstanding any inconsistent provision of Part
					 4120 of this Title, should the analysis of a post-race blood or urine sample
					 taken from a claimed horse result in a finding by the laboratory that the drug
					 reserpine or the drug fluphenazine was present in the sample taken from that
					 horse, the claimant's trainer shall be promptly notified in writing by the
					 judges and the claimant shall have the option to void said claim within five
					 days of receipt of such notice by the claimant's trainer. An election to void a
					 claim shall be submitted in writing to the judges by the claimant or the
					 claimant's trainer.
(d) Upper
					 neurectomy or unreported lower neurectomy. Where an upper neurectomy as defined
					 in section 4025.31(a) of this
					 Subchapter or a lower neurectomy that has not been reported as required in
					 section 4025.31(b) of this
					 Subchapter has been performed on a horse prior to the race in which it is
					 claimed, the claimant shall have the option to void said claim upon written
					 notice to the judges from the claimant or the claimant's trainer given within
					 10 days following the date of the claim.
(e) Undeclared pregnant mare. Where a
					 pregnant mare has been claimed which pregnancy has not been disclosed as
					 required in section
					 4038.17 of this chapter, the
					 claimant shall have the option to void the claim upon written notice to the
					 judges from the claimant or his trainer within 10 days following the date of
					 the claim.
(f) Excess TCO2 levels.
					 In the event that a claimed horse tests in violation of section
					 4120.13 of this Subchapter, and it
					 is not determined that such TCO2 level is physiologically natural for that
					 particular horse, the claimant or the claimant's trainer shall have the option
					 to void the claim upon written notice to the stewards within five days of
					 receiving notice of the violation.