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 A - Thoroughbred Racing › Article 1 - Rules of Racing › Part 4038 - Claiming Races › Section 4038.19 - 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 by
						the stewards and the claimant shall have the option to void said claim within
						five days of such notice by such trainer. An election to void a claim shall be
						submitted in writing to the stewards by the claimant or the claimant's trainer.
						In the event 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.
(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 stewards and the claimant shall have the option to void said
						claim within five days of receipt of such notice by his or her trainer. An
						election to void a claim shall be submitted in writing to the stewards by the
						claimant or the claimant's trainer.
(c) Reserpine and fluphenazine.
						Notwithstanding any inconsistent provision of Part 4043 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 stewards 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 stewards 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
						Article or a lower neurectomy that has not been reported, as required in
						section 4025.31(b) of this
						Article 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 stewards 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 Part, the claimant
						shall have the option to void the claim upon written notice to the stewards
						from the claimant or the claimant's trainer within 10 days following the date
						of the claim.
(f) Misrepresentation
						of age or sex. Where a horse has been claimed and the age or sex of the animal
						has been misrepresented in the racing program, the claimant shall have the
						option to void the claim upon written notice to the stewards from the claimant
						or the claimant's trainer within 10 days following the date of the
						claim.
(g) Excess TCO2 levels. In
						the event that a claimed horse tests in violation of section
						4043.8 of this Article, 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.