Current through Supplement No. 394, October, 2024
1.
General
requirements.
a. Starting requirements.
No person may file a claim for any horse unless such person holds an owner's
license.
b. One stable claim. No
stable which consists of horses owned by more than one person and which has a
single trainer may submit more than one claim in any race and an authorized
agent may submit only one claim in any race regardless of the number of owners
represented.
c. Procedure for
claiming. To make a claim for a horse, an eligible person shall:
(1) Deposit to such person's account with the
horsemen's bookkeeper the full claiming price and applicable taxes as
established by the racing secretary's conditions.
(2) File the claim filled out completely and
with sufficient accuracy to identify the claim in writing on forms provided by
the association prior to the time the horse leaves the paddock in a locked
claim box maintained for that purpose by the stewards.
2.
Claim box.
a. The claim box must be approved by the
commission and kept locked until the horses have left the paddock, when it must
be presented to the stewards or their designee for opening and publication of
the claims.
b. The claim envelope
must have the time of day noted and initialed on the envelope by the horseman's
bookkeeper or stamped by an automatic time clock prior to being dropped in the
box.
c. No official of said
association may give any information as to the filing of claims therein until
after the race has been run.
3.
Claim irrevocable. After a
claim has been filed in the racing office, it may not be withdrawn.
4.
Multiple claims on single
horses. If more than one claim is filed on a horse, the successful claim
must be determined by lot conducted by the stewards or their
representatives.
5.
Successful claims - Later races.
a. Sale or transfer. No successful claimant
may sell or transfer a horse, except in a claiming race, for a period of thirty
days from the date of claim.
b.
Eligibility price. A claimed horse may not start in a race in which the
claiming price is less than the price in which it was claimed for a period of
thirty days. If a horse is claimed, no right, title, or interest therein may be
sold or transferred except in a claiming race for a period of thirty days
following the date of claiming. The day claimed does not count but the
following calendar day must be the first day. The horse is entitled to enter
whenever necessary so the horse may start on the thirty-first calendar day
following the claim for any claiming price. The horse is required to continue
to race at the track where claimed for a period of thirty days or the balance
of the current race meeting whichever comes first.
c. Racing elsewhere. A horse which was
claimed under these rules may not participate at a race meeting other than that
at which it was claimed until the end of the meeting, except with written
permission of the stewards. This limitation does not apply to stakes
races.
d. Same management. A
claimed horse may not remain in the same stable or under the control or
management of its former owner.
e.
When a horse is claimed out of a claiming race, the horse's engagements are
included.
6.
Transfer after claim.
a. Forms.
Upon a successful claim, the stewards shall issue in triplicate, 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 must be
forwarded to and maintained by the commission, the stewards, and the racing
secretary for the benefit of the horse identifier. No claimed horse may be
delivered by the original owner to the successful claimant until authorized by
the stewards. Every horse claimed shall race for the account of the original
owner.
b. Other jurisdiction rules.
The commission will recognize and be governed by the rules of any other
jurisdiction regulating title and claiming races when ownership of a horse is
transferred or affected by a claiming race conducted in that other
jurisdiction.
c. Determination of
sex and age. The claimant is responsible for determining the age and sex of the
horse claimed notwithstanding any designation of sex and age appearing in the
program or in any publication. In the event of a spayed mare, the (s) for
spayed should appear next to the mare's name on the program. If it does not and
the claimant finds that the mare is in fact spayed, claimant may then return
the mare for full refund of the claiming price.
d. Affidavit by claimant. The stewards may,
if they determine it necessary, require any claimant to execute a sworn
statement that the claimant is claiming the horse for the claimant's account or
as an authorized agent for the claimant's principal and not for any other
person.
e. Delivery required. No
person may refuse to deliver a properly claimed horse to the successful
claimant and the claimed horse is disqualified from entering any race until
delivery is made to the claimant. Transfer of possession of a claimed horse
must 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 the trainer's 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 the
claimant's representative also shall accompany the horse to the test
barn.
f. Obstructing rules of
claiming. No person or licensee may obstruct or interfere with another person
or licensee in claiming any horse nor enter any agreement with another to
subvert or defeat the object and procedures of a claiming race, or attempt to
prevent any horse entered from being claimed.
g. Title. Title to a claimed horse must be
vested in the successful claimant at the time the horse leaves the paddock. The
successful claimant becomes the owner of the horse whether the horse is alive
or dead, sound or unsound, or injured at any time after leaving the paddock,
during the race or after. If the claimed horse has been approved by the
stewards to run without the registration certificate on file in the racing
office, the registration certificate must be provided to the stewards for
transfer to the new owner before claiming funds will be approved for transfer
by the stewards.
h. Title warranty.
A person entering a horse in a claiming race warrants that the title to the
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 the horse's entry approved
by the stewards. A transfer of ownership arising from a recognized claiming
race terminates any existing prior lease for that horse.
7.
Elimination of stable. An
owner whose stable has been eliminated by claiming may claim for the remainder
of the meeting at which such owner was eliminated or for thirty racing days,
whichever is longer. If the thirty-day period extends into a succeeding
meeting, the owner shall obtain a certificate from the stewards of the meeting
at which the owner's last horse was claimed to attach to any claim the owner
makes at the succeeding meeting. With the permission of the stewards, stables
eliminated by fire or other casualty may claim under this rule.
8.
Deceptive claim. The stewards
may cancel and disallow any claim within twenty-four hours after a race if they
determine that a claim was made upon the basis of a lease, sale, or entry of a
horse made for the purpose of fraudulently obtaining the privilege of making a
claim. In the event of such a disallowance, the stewards may further order the
return of a horse to its original owner and the return of all claim
moneys.
9.
Protest of
claim. A protest to any claim must be filed with the stewards before
noon of the day following the date of the race in which the horse was claimed.
Nonracing days are excluded from this rule.
General Authority: NDCC 53-06.2-04,
53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-01, 53-06.2-04,
53-06.2-05, 53-06.2-10
