810 KAR 1:015. Claiming races.

 

      RELATES TO: KRS 230.215(2), 230.225(1), 230.260(3)

      STATUTORY AUTHORITY: KRS 230.215(2), 230.225(1), 230.260(3), (6)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2), 230.225(1), 230.260(3) requires that the authority promulgate administrative regulations prescribing conditions governing horse racing. This administrative regulation prescribes conditions for claiming races.

 

      Section 1. (1) In claiming races a horse shall be subject to claim for its entered price by a licensed owner in good standing, or by the holder of a certificate of eligibility to claim. The procedure for obtaining a certificate of eligibility to claim shall be as follows:

      (a) An applicant shall, fifteen (15) days prior to entering a claim, submit:

      1. An application for owners' original license;

      2. A financial statement;

      3. A finger print card;

      4. The name of a licensed trainer, or person eligible to be licensed as a trainer, who will assume care and responsibility for the horse claimed; and

      5. The requisite fee for owners license.

      (b) The certificate of eligibility shall be valid for the remainder of the calendar year.

      (2)(a) A claim may be made by an authorized agent.

      (b) An agent may claim only for the account of those for whom he is licensed as agent.

      (c) The name of the authorized agent; and the name of the owner for whom the claim is being made shall appear on the claim slip.

      (3) A person shall not claim his own horse or cause his own horse to be claimed, directly or indirectly, for his own account.

      (b) A claimed horse shall not remain in the same stable or under the care or management of the owner or trainer from whom it is claimed.

      (4)(a) A person shall not claim more than three (3) horses from a race.

      (b) Multiple claims submitted by the same authorized agent and/or trainer for a single horse shall not be permitted and shall be void.

      (5)(a) A claimed horse shall not run for thirty (30) days after being claimed in a race in which the determining eligibility price is less than twenty-five (25) percent more than the price for which the horse was claimed.

      (b) The day following the day the horse is claimed shall be the first day;

      (c) The claimed horse shall be entitled to enter whenever necessary to permit it to start on the 31st calendar day following the claim.

      (d) This subsection shall not apply to starter handicaps in which the weight to be carried is assigned by the handicapper, and starter allowance races.

      (6)(a) A horse claimed in a claiming race shall not be sold or transferred, wholly or in part, within thirty (30) days after the day it was claimed, except in another claiming race.

      (b) Unless the stewards grant permission for a claimed horse to enter and start at an overlapping or conflicting meeting in Kentucky, a horse shall not race elsewhere until the close of entries of the meeting at which it was claimed.

      (7)(a) A claim shall be:

      1. Made on authority "Claim Blank";

      2. Sealed in an envelope supplied by the Authority; and

      3. Deposited in the association's claim box.

      (b) The "Claim Blank" form and envelope shall be filled out completely and accurately.

      (8)(a) Claims shall be deposited in the claim box at least fifteen (15) minutes before post time of the race from which the claim is being made.

      (b) Money or its equivalent shall not be put in the claim box.

      (c) A claim shall be valid if the claimant at the time of filing the claim has a credit balance in his account with the horseman's bookkeeper of not less than the amount of the claim, plus the Kentucky sales tax.

      (9) The stewards, or their designated representative, shall:

      (a) Open the claim envelopes for each race as soon as the horses leave the paddock en route to the post; and

      (b) Check with the horseman's bookkeeper to ascertain whether the proper credit balance has been established with the association.

      (10) If more than one (1) valid claim is filed for the same horse, title to the horse shall be determined by lot under the supervision of the stewards or their designated representative.

      (11)(a) After the race has been run a horse that has been claimed shall be delivered to the claimant.

      (b) The claimant shall present written authorization for the claim from the racing secretary.

      (c) After written authorization has been presented, horses that are sent to the detention area for post race testing shall be delivered.

      (d) Other horses shall be delivered in the paddock.

      (e) A person shall not refuse to deliver a horse claimed out of a claiming race to the person legally entitled to the horse.

      (f) If the owner of a horse that has been claimed refuses to deliver the horse to the claimant, the horse shall be disqualified from further racing until delivery is made.

      (12)(a) A claim shall be irrevocable.

      (b) Title to a claimed horse shall be vested in the successful claimant from the time the horse is a starter; and the funds transferred to the account of the previous owner, with said funds immediately available for future claiming transactions.

      (c) The successful claimant shall become the owner of the horse whether it is:

      1. Alive or dead;

      2. Sound or unsound; or

      3. Injured during the race, or after it.

      (d) A claimed horse shall run in the interest of and for the account of the owner from whom it is claimed.

      (13)(a) A person shall not offer to:

      1. Enter, or enter into an agreement to claim, or not to claim; or

      2. Attempt, or attempt to prevent another person from claiming any horse in a claiming race.

      (b) A person shall not attempt by intimidation to prevent anyone from running a horse in a claiming race.

      (c) An owner or trainer shall not make an agreement with another owner or trainer for the protection of each other's horse in a claiming race.

      (14)(a) A claim that does not comply with the provisions of this administrative regulation shall be void.

      (b) The stewards shall be the judges of the validity of a claim.

      (15) A person holding a lien of any kind against a horse entered in a claiming race shall record the lien with the racing secretary or horseman's bookkeeper at least thirty (30) minutes before post time for that race. If none is so recorded, it shall be presumed that none exists.

      (16) The engagements of a claimed horse pass automatically with the horse to the claimant.

      (17) Notwithstanding any designation of sex or age appearing on 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.

 

      Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Claim Blank (Rev 96)"; and

      (b) Claim Blank envelope.

      (2) This material may be inspected at Kentucky Racing Authority, 4063 Iron Works Pike, Building B, Lexington Kentucky 40511, Monday through Friday, 8 a.m. to 4:30 p.m. (KSRC Ch. 15, 15.01 to.16; 1 Ky.R. 909; eff. 5-4-75; Am. 5 Ky.R. 159; eff. 10-4-78; 629; eff. 3-7-79; 6 Ky.R. 292; eff. 1-2-80; 18 Ky.R. 2012; eff. 2-19-92; 22 Ky.R. 1496; 1865; eff. 4-5-96; 24 Ky.R. 2450; 25 Ky.R. 854; eff. 10-12-98; TAm eff. 8-9-2007.)