RELATES TO: KRS 139.531(1)(c), 230.215, 230.260(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260
authorize the Kentucky Horse Racing Commission to regulate conditions under
which harness racing shall be conducted in Kentucky. This administrative
regulation establishes the requirements for claiming races.
A horse entered in a claiming race may be
claimed for its entered price by:
licensed horse owner who has a horse programmed to start in a pari-mutuel race
at that meeting;
(b) A licensed
horse owner who has received a claim certificate from the commission;
(c) A person who has qualified
for a license as a horse owner and who has received a claim certificate from
filing with the judges a completed, signed Authorized Agent form (KHRC
2-060-01), incorporated by reference in 810 KAR 2:060
, an authorized agent may
claim for a qualified owner in his own right, but only for the account of the
person for whom he is agent.
qualify for a license as an owner, the applicant shall have a current United
States Trotting Association or Standardbred Canada membership as an owner or
membership as an associate-member.
(4) A person shall not knowingly effect a
false claim by inducing another to claim a horse for him or her.
(1) A person shall not claim his or her own
horse and shall not claim a horse trained or driven by him or her.
(2) A person shall not claim more than one
(1) horse in a race, and a person shall not have multiple claims on any one (1)
horse in a race.
(3) A qualified
owner or the owner's agent shall not claim a horse for another
(4) An owner shall not
cause his or her horse to be claimed directly or indirectly for his or her own
(5) A person shall not
offer, or enter into an agreement, to claim or not to claim or attempt to
prevent another person from claiming any horse in a claiming race.
(6) A person shall not enter a horse that has
a mortgage, bill of sale, or lien of any kind pending, unless the written
consent of the holder is filed with the clerk of the course of the association
conducting that claiming race.
Owners utilizing the same trainer may claim different horses from the same
race, but the trainer cannot make the claim on behalf of either
A person submitting a claim shall provide
to the association:
1. Proof of possession of
a valid license issued by the commission for the current year;
2. An amount equivalent to the specified
claiming price plus the existing Kentucky sales tax as authorized by KRS 139.531(c); and
3. The United
States Trotting Association fee for transfer of registration.
(b) By accepting the claim, the
association assumes responsibility for and shall make payment to the owner of
the horse claimed.
(c) The money
due for a claimed horse shall be paid to the owner of the claimed horse within
forty-eight (48) hours after the end of the race, Sundays excepted, by the
association, if the horse has a current test complying with subsection (14) of
this section and if a signed claiming authorization and proper registration
papers are provided to the clerk of the course.
(2) The claiming price shall be printed on
the program, and all claims shall be for the amount so designated. Any horse
entered in a claiming race may be claimed for the designated amount.
(3) A claim shall be in writing, sealed, and
deposited at least thirty (30) minutes before the time originally scheduled for
the race to begin in a locked box or designated location provided for this
purpose by the commission.
claim shall be examined by the judges or their designee prior to the start of
the race. The association's designee shall be prepared to state whether
sufficient funds are on deposit in the amount equivalent to the specified
claiming price and any other required fees and taxes. The judges shall have a
public announcement made and information scrolled on the simulcast video
stating there has been a claim made or, in the case of multiple claims, the
number of claims made on a horse during the post parade. The successful
claimant shall be announced after the completion of the race.
(5) An official shall not open the claim box
or give any information on claims filed until after the horses leave the
paddock for the post parade.
more than one (1) claim is filed for the same horse, the owner shall be
determined by lot by the judges.
A horse claimed shall be delivered
immediately by the original owner or his or her trainer to the successful
claimant upon authorization of the judges after the post-race tests are
(a) The horse's halter shall
accompany the horse;
horse's shoes shall not be altered or removed; and
(c) The hobble measurements of a claimed
horse shall be made available to the successful claimant by the paddock
(8) An owner shall
not refuse to deliver a horse legally claimed out of a claiming race.
horse claimed shall race in all heats or dashes of the event in the interest
and for the account of the owner who declared it in the event.
(b) Title to the claimed horse shall be
vested in the successful claimant from the time the word "go" is given in the
first heat or dash.
shall void the claim and return the title to the original owner if:
1. The horse suffers a fatality during the
running of the race or dies or is euthanized before leaving the track;
2. The commission veterinarian
determines the horse will be placed on the Veterinarian's List as bled,
unsound, or lame before the horse is released to the successful
(d) The judges
shall not void the claim if, prior to the race in which the horse is claimed,
the claimant indicates on the claim envelope that he or she elects to claim the
horse regardless of whether the commission veterinarian determines the horse
will be placed on the Veterinarian's List as bled, unsound, or lame.
(e) The final vesting of title to a claimed
horse shall be subject to the conditions and provisions set forth in this
The judges may require any person making a claim for a horse to affirm by
affidavit that the claimant is claiming the horse for his or her own account or
as authorized agent and not for any other person.
(b) A person shall not knowingly make a false
statement regarding the claiming process.
claimed horse may start in a race in which the claiming price is less than the
price at which the horse was claimed.
(b) If a horse is claimed, a right, title, or
interest in that horse shall not be sold or transferred for a period of thirty
(30) days following the date of claiming, except in a claiming race.
(c) A claimed horse shall be required to race
at the association where claimed for a period of thirty (30) days or the
balance of the current racing meeting, whichever occurs first.
(12) A horse that has been claimed
shall not be eligible to start in a race in the name or interest of the
previous owner for thirty (30) days. The horse shall not remain in the same
stable, or under the care or management of the first owner or trainer, or
anyone connected with the previous owner unless reclaimed out of another
scratched from a claiming race shall not be eligible to be claimed.
(a) If a horse drawn to start in a claiming
race is claimed and has been declared to start in a subsequent race, that horse
shall be scratched from that race.
For a period of thirty (30) days, a horse
scratched from a claiming race and then entered in a subsequent race,
regardless of classification, shall be eligible to be claimed for the same
price as the claiming race from which the horse was scratched.
1. The claiming price shall be listed in the
program where normal claiming prices are carried;
2. The announcement of the right to claim
shall be made by the track announcer; and
3. The claiming price shall be scrolled on
the simulcast provider.
claimed horse not otherwise selected by the judges for post-race testing shall
be subjected to post-race testing in blood for the presence of substances
regulated by 810 KAR Chapter 8. The results of the test shall be reported to
the presiding judge.
(b) If a test
is positive for a substance associated with a Class A, B, or C penalty, or for
a TCO2 violation, the claim may be voided at the option of the claimant and the
claimant shall be entitled to return of all sums paid for the claimed horse and
of all expenses incurred after the date of the claim.
While awaiting test results, a claimant:
1. Shall exercise due care in maintaining and
boarding a claimed horse; and
Shall not materially alter a claimed horse.
(d) An Equine Infectious Anemia (Coggins)
test shall not be required of a horse that has been claimed if that horse has a
valid certificate stating that within twelve (12) months of the day of the
claim the horse has received a Coggins test and is negative for Equine
Infectious Anemia. The certificate shall contain the horse's lip tattoo number
or a uniform or standardized means of identification approved by the
(a) A filly or mare that has been bred shall
not be declared into a claiming race for at least forty-five (45) days
following the last breeding of the filly or mare. Following that period, a
filly or mare that has been bred shall be declared into a claiming race only
after a veterinarian has pronounced the filly or mare not to be in
(b) A filly or mare
pronounced in foal shall not be declared into a claiming race.
(c) If a filly or mare is claimed out of a
claiming race and subsequently proves to be in foal from a breeding that
occurred prior to the race from which she was claimed, the claim may be voided
by the judges at the option of the claimant, if the mare is subjected to a
pregnancy examination no later than twenty-one (21) days after the date of the
claim that shows the mare is pregnant.
claimant seeking to void the claim shall file a petition to void that claim
with the judges within three (3) days after the results of the pregnancy
examination are received. Following the filing of the petition, the judges
shall conduct a hearing after due notice to all parties.
2. If the judges determine that the claim is
void, the claimant shall receive a reasonable cost from the previous owner to
cover the cost of the pregnancy examination and reimbursement from the previous
owner of all reasonable costs associated with the claiming process and the
post-race test, including the costs of transportation, board, reasonable
training fees, and the testing process.
Section 4. In accordance with
Section 3(1)(b) of this administrative regulation, the association shall pay
the claiming price to the owner when the registration certificate and a signed
claiming authorization are delivered for presentation to the successful
claimant. The association shall withhold and pay the Kentucky sales tax to the
Commonwealth pursuant to KRS 139.531(c).
Unless prior approval is given by the presiding judge, claiming races shall be
written to separate horses five (5) years and older from younger horses and to
separate males from females.
(a) If sexes are mixed, mares shall be given
a twenty (20) percent minimum price allowance, except there shall not be any
price allowance given to a spayed mare racing in a claiming race.
An allowance for age shall be given as
1. Two (2) year olds shall be given a
100 percent allowance;
2. Three (3)
year olds shall be given a fifty (50) percent allowance; and
3. Four (4) year olds shall be given a
twenty-five (25) percent allowance.
(c) Claiming races for two (2) year olds may
(d) Claiming races
for three (3) year olds may have conditions.
(e) A claiming class may have conditions, if
deemed necessary by the racing secretary and approved by the judges.
provided in 810 KAR 5:020
, Section 16, a horse owner shall not be prohibited
from determining the price for which his horse shall be entered.
Section 7. To facilitate transfer of claimed
horses, the presiding judge or racing secretary may sign the transfer if he or
she then sends the registration certificate and claiming authorization to the
registrar for transfer.
(1) A person shall not
fraudulently declare a horse to a claiming race. If the judges determine that
the declaration of a horse to a claiming race is fraudulent on the part of the
declarer, they shall void the claim at the option of the claimant, and order
the horse returned to the person declaring it in.
A person shall not submit a fraudulent
claim on a horse in a claiming race. If the judges determine that a claim of a
horse is fraudulent on the part of the person making the claim, they shall:
(a) Void the claim at the option of the
person declaring it in; and
Return the horse to the person declaring it in.