Current through Register Vol. 43, No. 39, September 26, 2024
(a) Each claim
shall be invalid if any of the following conditions is met:
(1) The name of the horse to be claimed is
erroneously spelled or is not specified in the space provided on the claim
form.
(2) The claimant does not
have at least the amount of the claim and any applicable state sales tax on
deposit or credited with the horsemen's bookkeeper.
(3) The claim form does not specify the
designated price as printed in the official program, is not signed, does not
fully indicate the name of the party making the claim, or is otherwise
incorrectly completed.
(4) The
claim envelope is inaccurate.
(b) If a claim is voided by the stewards, the
horse claimed shall be returned to the original owner who, in turn, shall
refund all of the claim money to the unsuccessful claimant.
(c) No person or racing interest shall take
any of the following actions:
(1) Claiming
more than one horse from any one race;
(2) claiming that person's or racing
interest's own horse or cause causing the horse to be claimed, directly or
indirectly, for that person's or racing interest's own account;
(3) refusing to deliver a claimed horse to
the successful claimant;
(4)
removing any horse that has been entered in a claiming race from the racetrack
facility where it has been entered to race, or failing or refusing to comply
with any commission order, regulation, or statute of the Kansas racing and
gaming commission or any condition of the race meeting for the purpose of
avoiding or preventing a claim for the horse;
(5) offering or entering into an agreement to
claim or not to claim or attempting to prevent another person from claiming any
horse in a claiming race;
(6)
attempting to intimidate or prevent anyone from running a horse in any claiming
race;
(7) claiming horses owned or
trained by the claimant's trainer's spouse, child, sibling, parent,
mother-inlaw, father-in-law, son-in-law, daughter-in-law, brother-in-law, or
sister-in-law;
(8) claiming a
horse from an owner whose horse is trained by the claimant's trainer;
(9) if a trainer, claiming a horse
from an owner for whom the trainer trains;
(10) entering or allowing to be entered any
horse against which any claim is held, either by mortgage or lien of any kind,
without having filed the written consent of the holder of the mortgage or lien
with the racing secretary and horsemen's bookkeeper before the entry; or
(11) leaving a horse that is
claimed in the care or custody of the owner from whom the horse was claimed.
(d) If the stewards
have reasonable doubt about the validity of a claim, the claimant shall be
required by the stewards to execute an affidavit stating that the claimant is
claiming the horse for the claimant's own account or as an authorized agent,
and not for any other person.
(e)
Each claimant shall be solely responsible for determining the true age and sex
of a claimed horse, and mistakes in that regard printed in the official program
or elsewhere shall not be considered a basis for invalidating the claim.
(f) Not later than 30 minutes
after the race is run, written protest of a claim may be submitted to the
stewards, who shall investigate the matter as quickly as possible.
