Ariz. Admin. Code § 19-2-115

Current through Register Vol. 30, No. 40, October 4, 2024

Section R19-2-115 - Claiming Races

A.Eligibility for claiming. In a claiming race, any horse is subject to being claimed for the horse entered price by any licensed owner of a horse duly registered for racing at the track, the owner's licensed authorized agent, or the holder of a claiming authorization issued by the stewards.

B.Duration of race meets. For the purpose of claiming:

1. A commercial race meet includes county fair race meets that may be run at the commercial track before, during, or after the commercial race meet; and

2. A county fair race meet includes both spring and fall of the county fair circuit.

C.Steward claiming authorization.

1. The following persons may apply to the stewards for claiming authorization:

a. A licensed owner whose last horse was lost by claim, death, or career-ending injury during a commercial or county fair race meet;

b. An individual licensed in partnership or other form of multiple ownership who wants to claim a horse in sole ownership;

c. A currently licensed individual who wants to join in a multiple ownership venture;

d. A licensed owner whose horse is not participating at an Arizona track during the current Arizona licensing cycle; and

e. An individual who submits an application for an owner's license under R19-1-106 and intends to obtain a first horse through claiming. If the stewards determine the individual is qualified for an owner's license except for the requirement of horse ownership, the stewards may authorize the individual to claim a horse. The Department shall issue an owner's license to the individual if the individual is successful in claiming a horse.

2. To apply for claiming authorization, an individual shall submit to the stewards a written:

a. Application, using a form available from the Department; and

b. Acknowledgment that a successfully claimed horse will be entrusted to the care and custody of a licensed trainer only.

3. Claiming authorization obtained under this subsection is valid for six months or until the authorized individual successfully claims a horse, whichever occurs first.

D.Claiming restrictions.

1. An authorized agent, even if representing more than one owner, shall not submit more than one claim in any race.

2. An authorized agent shall not claim a horse for the authorized agent in the capacity as authorized agent.

3. When a stable consists of horses owned by more than one person, the stable owners shall ensure that no more than one claim is submitted in a race by or on behalf of the stable owners.

4. The stewards may, at their discretion, require a person making a claim for a horse to provide a written affidavit that the claim is made for the person's own account or as an authorized agent and not for any other person.

5. A person shall not:

a. Enter into or offer to enter into an agreement to claim or not to claim a horse in a claiming race,

b. Attempt to prevent another person from claiming a horse in a claiming race, and

c. Attempt to prevent anyone from running a horse in a claiming race.

6. The owner of one horse and the trainer of a second horse running in the same claiming race shall not make or offer to make an agreement not to claim each other's horses.

7. A person shall not enter or allow to be entered in a claiming race a horse against which there is a lien unless written consent from the lien holder is first filed with the clerk of the track or the racing secretary.

8. A person shall not assert an ownership interest in a horse after the horse has run in a claiming race in the name of another person who, at the time of the race, had peaceable and undisputed possession of the horse.

9. A person shall not claim or cause to be claimed, directly or indirectly, for the person's account, a horse in which the person has an ownership interest.

10. An owner shall not claim a horse in the care and custody of the owner's trainer.

E.Delivery of a claimed horse.

1. The owner of a claimed horse shall ensure that the horse is delivered to the claimant after the claiming race is run. The claimant shall present to the owner the written claiming authorization obtained from the stewards under subsection (C).

2. The owner of a claimed horse sent to the detention area for post-race testing shall deliver the horse to the claimant at the detention area. The owner of a claimed horse not sent for post-race testing shall deliver the horse to the claimant as instructed by the stewards.

3. If the stewards do not send a claimed horse for post-race testing, the claimant may require post-race testing if physical delivery of the claimed horse has not occurred and the claimant pays for the testing. The trainer of a claimed horse sent for post-race testing shall maintain care and custody of the horse. If a post-race test of a claimed horse is positive for a prohibited substance, the claim may be voided at the direction of the stewards.

4. The owner of a claimed horse shall not refuse to deliver the horse to the claimant.

F.Irrevocability of a claim. A claimed horse shall race for the account of the horse's original owner but title to the horse shall transfer to the claimant when the horse becomes a starting horse. After title to the horse transfers to the claimant, the claimant becomes the owner of the horse regardless of whether it is alive or dead, sound or unsound, or injured before, during, or after the claiming race.

G.Ownership restrictions.

1. If a horse is claimed, the claimant:

a. Shall not sell or transfer the horse to anyone, wholly or in part, except in another claiming race, for 30 days from the day of claim; and

b. Shall not return the horse to the same stable or under control or management of the horse's former owner or trainer for 30 days from the day of claim unless the horse is reclaimed in another claiming race.

c. Shall ensure that the claimed horse does not race outside of Arizona until the race meet at which the horse was claimed is closed or for 60 days from the day of claim, whichever is less, except:

i. To fulfill a stakes engagement that transferred automatically to the claimant, or

ii. If the horse was claimed for a price that causes the horse to be ineligible to be reentered at the track where claimed.

2. The stewards shall ensure that a horse claimed in another state and entered to race in Arizona is subject to the claiming restrictions in the state where the claim was made. Restrictions preventing the horse from racing in Arizona are applicable only until the close of the race meet at which the horse was claimed or for 60 days, whichever is less, except:

a. To fulfill a stakes engagement that transferred automatically to the claimant, or

b. If the horse was claimed for a price that causes the horse to be ineligible to be reentered at the track where claimed.

3. In this subsection, the day following the claim is the first day.

H.Claiming price. The permittee shall ensure that the claiming price of each horse in a claiming race is published in the official race program. A person who wishes to claim a particular horse shall submit a claim for the amount published.

I.Determining the winner of a claim. If more than one claim is filed for the same horse, the stewards shall ensure that the successful claimant is chosen in a drawing that is conducted under the supervision and direction of the stewards.

J.Responsibility for determining sex and age of horse. The claimant shall determine the sex and age of a horse before submitting a claim for the horse and shall not rely on any designation of the horse's sex and age that appears in the official race program or any other racing publication.

K.Claiming procedures.

1. To make a valid claim, a person who has a claiming authorization obtained under subsection (C) shall:

a. Deposit with the horsemen's bookkeeper an amount equal to the claiming price;

b. Compete a written claim using a form furnished by the permittee and approved by the Department;

c. Identify the horse to be claimed by the spelling of the horse's name on the horse's certificate of registration or as spelled in the official race program;

d. Write the following information on the outside of an envelope provided by the permittee with the claim form:

i. Number of the race on which the claim is made; and

ii. Day, month, and year of the claiming race;

e. Seal the completed claim form in the completed envelope and ensure there are no identifying markers on the outside of the envelope except as described in subsection (K)(d); and

f. Deposit the completed claim form and envelope in the claim box at least 10 minutes before post time of the race on which the claim is made.

2. The stewards shall open the claim envelops for a claiming race when the horses for the race enter the track on the way from paddock to post.

3. The stewards shall ascertain from the horsemen's bookkeeper whether an amount equal to the claiming price is on deposit.

4. After a claim form is deposited in the claim box as described in subsection (K)(1)(f), the claim is irrevocable by the claimant. The stewards shall ensure that a claim form deposited in the claim box is not withdrawn from the claim box except by the stewards at the time designated by the stewards.

Ariz. Admin. Code § R19-2-115

Adopted effective August 5, 1983 (Supp. 83-4). Amended subsection (A) effective December 5, 1985 (Supp. 85-6). Amended effective March 20, 1990 (Supp. 90-1). Former Section R4-27-115 renumbered to R4-27-115, R4-27-115.02 through R4-27-115.07, and R4-27-115.09; new Section R4-27-115 renumbered from R4-27-115(A)(1) through (5) and (B) and amended effective September 8, 1992 (Supp. 92-3). R19-2-115 recodified from R4-27-115 (Supp. 95-1). Amended by final rulemaking at 19 A.A.R. 3412, effective November 30, 2013.