2426.
In claiming races on the flat, any horse is subject to claim by (i) any owner
in good standing or (ii) a person who has been issued a "claiming
authorization" as provided below in Rule 2426 (a "Claiming Authorization").
However, no owner (who has not otherwise been issued a Claiming Authorization)
may claim a horse at Oaklawn unless that owner (either individually or through
co-ownership, partnership, limited liability company, corporation or other
entity in which the owner owns an equity interest);
(1) has foal papers on file in the Oaklawn
racing office with respect to a horse eligible to race at Oaklawn, or
(2) has started a horse at the Oaklawn
meeting and does not currently have foal papers on file in the racing office
with respect to a horse eligible to race at Oaklawn because the owner's last
horse(s) was claimed
(i.e., in the case of (1) or (2) above,
that owner is not required to obtain a "Claiming Authorization" and is
immediately eligible to claim a horse at Oaklawn, provided such claim is in
compliance with all other applicable claiming rules).
CLAIMING AUTHORIZATION:
(a) The Stewards or their appointed
representatives shall issue a Claiming Authorization to any person who makes
application therefor on forms prescribed for that purpose and who:
(1) meets all requirements for the issuance
of an owner's license;
(2) either
(A) is not presently involved, and does not have a spouse presently involved,
as an owner of a horse in thoroughbred racing able and eligible to race at
Oaklawn, (B) was an owner (either individually or through co-ownership,
partnership, limited liability company, corporation or other entity in which
the owner owns an equity interest) of a horse that had an "official start" in a
prior race at Oaklawn during the immediately preceding Oaklawn race meet, or
(C) has foal papers on file in the Oaklawn racing office with respect to a
horse eligible to race at Oaklawn;
(3) has an agreement with a licensed trainer
to take charge of, care for and train any horse claimed pursuant to the
Claiming Authorization (and the holder of a Claiming Authorization and the
trainer shall each promptly notify the Stewards in writing if such agreement is
terminated before a horse is successfully claimed);
(4) has at least the amount of the claim on
deposit or credited with the horsemen's bookkeeper; and
(5) a claiming certificate may not be
utilized until 24 hours shall have elapsed since the application was received
and approved by the Stewards.
However, notwithstanding the foregoing, a Claiming
Authorization may not be issued to any thoroughbred horse trainer licensed as
such in any jurisdiction unless the trainer is a member of a partnership,
limited liability company, corporation or other entity that would otherwise be
eligible for a Claiming Authorization and the claim is being made by that
partnership, limited liability company, corporation or other entity.
(b) The Claiming
Authorization shall be valid for the race meet in which it is issued or until
such earlier time as the person to whom the Claiming Authorization was issued
(i) executes a claim and becomes an owner of a horse through use of the
Claiming Authorization, or (ii) in the case of a Claiming Authorization issued
to a person under section 2426(a)(2)(A) above, through private purchase. A
person shall not be eligible for issuance of more than one (1) Claiming
Authorization for the same race meeting unless the person presents evidence to
the satisfaction of the Stewards that the person is no longer the owner (either
individually or through co-ownership, partnership, limited liability company,
corporation or other entity in which the owner owns an equity interest) of a
horse able to race at Oaklawn because of illness or injury to the
horse.
(c) If the applicant has not
been issued an owner's license for the current race meet, the same fee charged
for an owner's license shall be payable to the Commission by the applicant
prior to issuance of a Claiming Authorization. The holder of a Claiming
Authorization shall not, by virtue thereof, be entitled to admission to the
grandstand, clubhouse, or other spectator facility at prices less than those
charged the general public.
(d) An
application for Claiming Authorization may be denied or revoked for any reason
that would justify denial, suspension or revocation of an owner's license. Any
person whose Claiming Authorization is denied or revoked shall have the same
rights to notice and hearing as an owner whose license is denied, suspended or
revoked.
(e) A holder of a Claiming
Authorization for the current race meet who has not previously been granted an
owner's license for the current race meet will be issued an owner's license
without payment of any additional fees, but subject to the other requirements
for issuance of an owner's license.