Ariz. Admin. Code § R19-2-115 - Claiming Races
A.Eligibility
for claiming. In a claiming race, any horse is subject to being claimed for the
horse entered price by any licensed owner of a horse duly registered for racing
at the track, the owner's licensed authorized agent, or the holder of a
claiming authorization issued by the stewards.
B.Duration of race meets. For the purpose of
claiming:
1. A commercial race meet includes
county fair race meets that may be run at the commercial track before, during,
or after the commercial race meet; and
2. A county fair race meet includes both
spring and fall of the county fair circuit.
C.Steward claiming authorization.
1. The following persons may apply to the
stewards for claiming authorization:
a. A
licensed owner whose last horse was lost by claim, death, or career-ending
injury during a commercial or county fair race meet;
b. An individual licensed in partnership or
other form of multiple ownership who wants to claim a horse in sole
ownership;
c. A currently licensed
individual who wants to join in a multiple ownership venture;
d. A licensed owner whose horse is not
participating at an Arizona track during the current Arizona licensing cycle;
and
e. An individual who submits an
application for an owner's license under
R19-1-106 and intends to obtain a first horse through claiming. If the stewards determine
the individual is qualified for an owner's license except for the requirement
of horse ownership, the stewards may authorize the individual to claim a horse.
The Department shall issue an owner's license to the individual if the
individual is successful in claiming a horse.
2. To apply for claiming authorization, an
individual shall submit to the stewards a written:
a. Application, using a form available from
the Department; and
b.
Acknowledgment that a successfully claimed horse will be entrusted to the care
and custody of a licensed trainer only.
3. Claiming authorization obtained under this
subsection is valid for six months or until the authorized individual
successfully claims a horse, whichever occurs first.
D.Claiming restrictions.
1. An authorized agent, even if representing
more than one owner, shall not submit more than one claim in any
race.
2. An authorized agent shall
not claim a horse for the authorized agent in the capacity as authorized
agent.
3. When a stable consists of
horses owned by more than one person, the stable owners shall ensure that no
more than one claim is submitted in a race by or on behalf of the stable
owners.
4. The stewards may, at
their discretion, require a person making a claim for a horse to provide a
written affidavit that the claim is made for the person's own account or as an
authorized agent and not for any other person.
5. A person shall not:
a. Enter into or offer to enter into an
agreement to claim or not to claim a horse in a claiming race,
b. Attempt to prevent another person from
claiming a horse in a claiming race, and
c. Attempt to prevent anyone from running a
horse in a claiming race.
6. The owner of one horse and the trainer of
a second horse running in the same claiming race shall not make or offer to
make an agreement not to claim each other's horses.
7. A person shall not enter or allow to be
entered in a claiming race a horse against which there is a lien unless written
consent from the lien holder is first filed with the clerk of the track or the
racing secretary.
8. A person shall
not assert an ownership interest in a horse after the horse has run in a
claiming race in the name of another person who, at the time of the race, had
peaceable and undisputed possession of the horse.
9. A person shall not claim or cause to be
claimed, directly or indirectly, for the person's account, a horse in which the
person has an ownership interest.
10. An owner shall not claim a horse in the
care and custody of the owner's trainer.
E.Delivery of a claimed horse.
1. The owner of a claimed horse shall ensure
that the horse is delivered to the claimant after the claiming race is run. The
claimant shall present to the owner the written claiming authorization obtained
from the stewards under subsection (C).
2. The owner of a claimed horse sent to the
detention area for post-race testing shall deliver the horse to the claimant at
the detention area. The owner of a claimed horse not sent for post-race testing
shall deliver the horse to the claimant as instructed by the
stewards.
3. If the stewards do not
send a claimed horse for post-race testing, the claimant may require post-race
testing if physical delivery of the claimed horse has not occurred and the
claimant pays for the testing. The trainer of a claimed horse sent for
post-race testing shall maintain care and custody of the horse. If a post-race
test of a claimed horse is positive for a prohibited substance, the claim may
be voided at the direction of the stewards.
4. The owner of a claimed horse shall not
refuse to deliver the horse to the claimant.
F.Irrevocability of a claim. A claimed horse
shall race for the account of the horse's original owner but title to the horse
shall transfer to the claimant when the horse becomes a starting horse. After
title to the horse transfers to the claimant, the claimant becomes the owner of
the horse regardless of whether it is alive or dead, sound or unsound, or
injured before, during, or after the claiming race.
G.Ownership restrictions.
1. If a horse is claimed, the claimant:
a. Shall not sell or transfer the horse to
anyone, wholly or in part, except in another claiming race, for 30 days from
the day of claim; and
b. Shall not
return the horse to the same stable or under control or management of the
horse's former owner or trainer for 30 days from the day of claim unless the
horse is reclaimed in another claiming race.
c. Shall ensure that the claimed horse does
not race outside of Arizona until the race meet at which the horse was claimed
is closed or for 60 days from the day of claim, whichever is less, except:
i. To fulfill a stakes engagement that
transferred automatically to the claimant, or
ii. If the horse was claimed for a price that
causes the horse to be ineligible to be reentered at the track where
claimed.
2.
The stewards shall ensure that a horse claimed in another state and entered to
race in Arizona is subject to the claiming restrictions in the state where the
claim was made. Restrictions preventing the horse from racing in Arizona are
applicable only until the close of the race meet at which the horse was claimed
or for 60 days, whichever is less, except:
a.
To fulfill a stakes engagement that transferred automatically to the claimant,
or
b. If the horse was claimed for
a price that causes the horse to be ineligible to be reentered at the track
where claimed.
3. In
this subsection, the day following the claim is the first day.
H.Claiming price. The permittee
shall ensure that the claiming price of each horse in a claiming race is
published in the official race program. A person who wishes to claim a
particular horse shall submit a claim for the amount published.
I.Determining the winner of a claim. If more
than one claim is filed for the same horse, the stewards shall ensure that the
successful claimant is chosen in a drawing that is conducted under the
supervision and direction of the stewards.
J.Responsibility for determining sex and age
of horse. The claimant shall determine the sex and age of a horse before
submitting a claim for the horse and shall not rely on any designation of the
horse's sex and age that appears in the official race program or any other
racing publication.
K.Claiming
procedures.
1. To make a valid claim, a
person who has a claiming authorization obtained under subsection (C) shall:
a. Deposit with the horsemen's bookkeeper an
amount equal to the claiming price;
b. Compete a written claim using a form
furnished by the permittee and approved by the Department;
c. Identify the horse to be claimed by the
spelling of the horse's name on the horse's certificate of registration or as
spelled in the official race program;
d. Write the following information on the
outside of an envelope provided by the permittee with the claim form:
i. Number of the race on which the claim is
made; and
ii. Day, month, and year
of the claiming race;
e.
Seal the completed claim form in the completed envelope and ensure there are no
identifying markers on the outside of the envelope except as described in
subsection (K)(d); and
f. Deposit
the completed claim form and envelope in the claim box at least 10 minutes
before post time of the race on which the claim is made.
2. The stewards shall open the claim envelops
for a claiming race when the horses for the race enter the track on the way
from paddock to post.
3. The
stewards shall ascertain from the horsemen's bookkeeper whether an amount equal
to the claiming price is on deposit.
4. After a claim form is deposited in the
claim box as described in subsection (K)(1)(f), the claim is irrevocable by the
claimant. The stewards shall ensure that a claim form deposited in the claim
box is not withdrawn from the claim box except by the stewards at the time
designated by the stewards.
Notes
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