N.M. Admin. Code § 15.2.4.8 - CLAIMING RACES
A.
General Provisions:
(1) A person
entering a horse in a claiming race warrants that the title to said horse is
free and clear of any existing claim or lien, either as security interest
mortgage, bill of sale, or lien of any kind; unless before entering such horse,
the written consent of the holder of the claim or lien has been filed with the
stewards and the racing secretary and its entry approved by the stewards. A
transfer of ownership arising from a recognized claiming race will terminate
any existing prior lease for that horse.
(2) A filly or mare that has been bred is
ineligible to enter into a claiming race unless a licensed veterinarian's
certificate dated at least 25 days after the last breeding of that mare is on
file with the racing secretary's office stating that the mare or filly is not
in foal. However, an in-foal filly or mare shall be eligible to enter into a
claiming race if the following conditions are fulfilled:
(a) full disclosure of such fact is on file
with the racing secretary and such information is posted in the racing
secretary's office;
(b) the
stallion service certificate has been deposited with the racing secretary's
office (although all information obtained on such certificate shall remain
confidential);
(c) all payments due
for the service in question and for any live progeny resulting from that
service are paid in full;
(d) the
release of the stallion service certificate to the successful claimant at the
time of claim is guaranteed.
(3) The stewards may void a claim for any
horse from a claiming race run in this jurisdiction upon a showing that any
party to the claim committed a prohibited action, as specified in Subsection E
of 15.2.4 NMAC with respect to the making of the claim, or that the owner of
the horse at the time of entry in the claiming race failed to comply with any
requirement of this rule. Should the stewards order a claim void, they may
also, in their discretion, make a further order for the costs of maintenance
and care of the horse as they may deem appropriate.
(4) The successful claimant of a horse shall
be notified of a medication violation. Once notified, the successful claimant
has 72 hours in which to request the stewards to void the claim. If the claim
is voided the stewards may also, in their discretion, make a further order for
the costs of maintenance and care of the horse as they may deem appropriate. If
the claim is not voided, all applicable time requirements and procedures
pursuant to Subsection C of
15.2.6.9 NMAC shall follow the
horse.
(5) Title to a horse which
is claimed shall be vested in the successful claimant from the time the field
has been dispatched from the starting gate and the horse becomes a
starter.
(6) All claimed horses
shall go to the test barn for observation by the official or racing
veterinarian.
(7) The claim shall
be voided, and ownership of the horse retained by the original owner if:
(a) the horse dies on the
racetrack;
(b) the horse is
euthanized before leaving the racetrack;
(c) the horse is vanned off the racetrack by
discretion of the official or racing veterinarian.
(d) the official or racing veterinarian
determines within 60 minutes of the race that the horse will be placed on the
veterinarians' list as bled, physically distressed, medically compromised,
unsound, or lame before the horse is released to the successful
claimant.
(8) The claim
shall not be voided, if prior to the race in which the horse is claimed, the
claimant elects to claim the horse regardless of whether the official or racing
veterinarian determines the horse will be placed on the veterinarians' list as
bled or unsound or the horse tests positive for a prohibited
substance.
B.
Claiming Option Entry:
(1) At the
time of entry into a claiming race, the owner may opt to declare a horse
ineligible to be claimed provided:
(a) the
horse has been laid off and has not started for a minimum of 120 days since its
last race; and
(b) the horse is
entered for a claiming price equal to or greater than the claiming price of the
horse's last start; and
(c) the
horse's last race as an official starter was one in which the horse was
eligible to be claimed.
(2) Failure to declare the horse ineligible
at the time of entry may not be remedied.
(3) Ineligibility shall apply only to the
first start following each such layoff.
C.
Claiming of Horses:
(1) Any horse entered in a claiming race that
is not present in the paddock at least 10 minutes to post will be
scratched.
(2) Any horse in a race
for claiming may not wear into the paddock anything it will not race in except
for a blanket, rain sheet or halter and lead shank for control.
(3) Any horse starting in a claiming race is
subject to be claimed for its entered price by any: licensed owner; holder of a
valid claim certificate; licensed authorized agent acting on behalf of an
eligible claimant.
(4) Every horse
claimed shall race for the account of the original owner, but title to the
horse shall be transferred to the claimant from the time the horse is
determined by the stewards to be a starter in a race. The successful claimant
shall become the owner of the horse.
D.
Claim Certificate:
(1) An applicant for a claim certificate
shall submit to the commission: an application for an owner's license and the
required fee; the name of a licensed trainer, or person eligible to be a
licensed trainer, who will assume the care and responsibility for any horse
claimed.
(2) The stewards shall
issue a claim certificate upon satisfactory evidence that the applicant is
eligible for an owner's license.
(3) The claim certificate shall expire 30 days after the date of
issuance, or upon the claim of a horse, or upon issuance or denial of an
owner's license, whichever comes first.
(4) A claim certificate may be renewed by the stewards during the
same year.
E.
Prohibitions:
(1) A person shall
not claim a horse in which the person has a financial or beneficial interest as
an owner or trainer.
(2) A person
shall not cause another person to claim a horse for the purpose of obtaining or
retaining an undisclosed financial or beneficial interest in the
horse.
(3) A person shall not enter
into an agreement for the purpose of preventing another person from obtaining a
horse in a claiming race.
(4) A
person shall not claim a horse, or enter into any agreement to have a horse
claimed, on behalf of an ineligible or undisclosed person.
(5) A person shall not claim more than one
horse in a race. No authorized agent shall submit more than one claim for the
same horse in a race, even if the authorized agent represents several
owners.
F.
Procedure
for Claiming:
(1) To make a valid
claim for a horse, an eligible person shall:
(a) have on deposit with the horsemen's bookkeeper an amount equal
to the amount of the claim, plus all transfer fees and applicable taxes; and
for all quarter horse claims shall also have on deposit in their horsemen's
account all fees for a rush transfer, not to exceed $100.00, prior to
entering;
(b) accurately complete,
without the use of nicknames, a written claim slip in a manner that is
consistent with how the claimant is licensed with the commission on a form
furnished by the association and approved by the commission;
(c) identify the horse to be claimed by the
spelling of its name on the certificate of registration or as spelled on the
official program, including the country of origin;
(d) place the completed claim form inside a
sealed envelope furnished by the association and approved by the
commission;
(e) have the time of
day that the claim is entered recorded on the envelope;
(f) have the envelope deposited in the claim
box no later than 10 minutes prior to post time of the race for which the claim
is entered.
(2) After a
claim has been deposited in the claim box, it is irrevocable and shall not be
withdrawn from the claim box.
(3)
Officials and employees of the association shall not provide any information as
to the filing of claims until after the horses have entered the track to
post.
(4) If more than one claim is
filed on a horse, the successful claim shall be determined by lot conducted by
the stewards or their representatives.
(5) Notwithstanding any designation of sex or age appearing in the
racing program or in any racing publication, the claimant of a horse shall be
solely responsible for the determination of the sex or age of any horse
claimed.
G.
Transfer
of Claimed Horses:
(1) Upon successful
claim, the stewards shall issue, upon forms approved by the commission, an
authorization of transfer of the horse from the original owner to the claimant.
Copies of the transfer authorization shall be forwarded to and maintained by
the stewards and the racing secretary. Upon notification by the stewards, the
horsemen's bookkeeper shall immediately debit the claimant's account for the
claiming price, applicable taxes and transfer fees.
(2) A person shall not refuse to deliver a
properly claimed horse to the successful claimant.
(3) Transfer of possession of a claimed horse
shall take place immediately after the race has been run unless otherwise
directed by the stewards. If the horse is required to be taken to the test barn
for post-race testing, the original trainer or their representative shall
maintain physical custody of the claimed horse and shall observe the testing
procedure and sign the test sample tag. The successful claimant or their
representative shall also accompany the horse to the test barn.
(4) When a horse is claimed out of a claiming
race, the horse's engagements are transferred, with the horse, to the
claimant.
(5) Ownership interest in
any horse claimed from a race shall not be resold or transferred for 30 days
after such horse was claimed, except by claim from a subsequent race.
(6) A claimed horse shall not race elsewhere,
except within state, or out of state stake races for a period of 30 days or the
end of the meet, whichever occurs first.
(7) A claimed horse shall not remain in the
same stable or under the control or management of its former owner.
Notes
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