Mich. Admin. Code R. 431.4140 - Claiming; title transfer
Rule 4140.
(1) A
horse claimed shall race in all heats or dashes of the race in the interest and
for the account of the owner who declared it in the race, but title to the
claimed horse shall be vested in the successful claimant from the time when the
word "go" is given in the first heat or dash except as provided in these
rules.
(2) The stewards shall
require a person making a claim for a horse to file an affidavit that he or she
is claiming the horse for his or her own account or as authorized agent and not
for any other person. Any person who files a false affidavit shall be subjected
to disciplinary action.
(3) A
claimed horse shall not be sold or transferred, wholly or in part, to anyone
within 30 days after the day it was claimed, except in another claiming
race.
(4) If a horse in a claiming
race is scratched by the stewards for any reason, including being declared a
non-starter, any claims on that horse are void. However, that horse in its next
start, regardless of the condition of the race entered, may be claimed for the
same price as the race from which it was scratched. This subrule applies from
the date of the scratch or declaration of a non-starter until the last day of
the final harness race meeting licensed by the executive director that year.
This subrule does not include horses scratched due to entry error or
ineligibility, which is verified by the race office in writing. Any horse
scratched from a claiming race and taken out of state to race shall upon its
return to Michigan be bound by this subrule within the same year.
(5) If the analysis of a post-race blood or
urine sample taken from a claimed horse results in a post-race positive test
for an ARCI class 1 drug, the claimant's trainer shall be promptly notified by
the stewards and the claimant shall have the option to void the claim within 3
days of the 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. If 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.
(6) If a
horse is claimed, a blood sample may be taken by a licensed veterinarian to be
tested for equine infectious anemia. The sample shall be forwarded within 24
hours to an approved laboratory. Pending the receipt of a negative test for
equine infectious anemia, the money paid for the claimed horse shall be held by
the association. If the test is positive for equine infectious anemia, the
ownership of the claimed horse shall revert to the owner from whom the horse
was claimed, and the claiming monies shall be returned to the person or persons
who claimed the horse. The cost of the test is to be borne by the
claimant.
(7) A claimed horse is
not eligible to race in any other jurisdiction other than Michigan for a period
of 30 days from the date of claim or until after the close of the live race
meeting at which it was claimed, whichever period of time is the
less.
(8) The stewards shall be the
judges of the validity of a claim.
(9) A claim not filled out completely or that
does not accurately identify the claim renders the claim void.
(10) Notwithstanding any incorrect
designation of sex or age appearing in the racing publication, the claimant of
a horse shall be solely responsible for determining the age or sex of the horse
claimed.
(11) A person shall not
enter a horse in a claiming race without disclosing the horse's true ownership.
When a horse is claimed, the change of ownership of a horse entered in a
claiming race by someone who does not have undisputed possession of the horse
shall not be considered after closing time for claims of that race.
Notes
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