Cal. Code Regs. tit. 4 § 1658

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1658 - Vesting of Title to Claimed Horse

(a) 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; and said successful claimant becomes the owner of the horse unless voided by the stewards under the provisions of this article. Only a horse which is officially a starter in the race may be claimed. A subsequent disqualification of the horse by order of the stewards or the Board shall have no effect upon the claim.

(b) The stewards shall void the claim and return the horse to the original owner if:

(1) The horse suffers a fatality during the running of the race, dies, or is euthanized before leaving the track, or

(2) The racing or official veterinarian determine the horse will be placed on the Veterinarian's List as bled, unsound or lame before the horse is released to the successful claimant.

(A) "Bled" is defined as the racing or official veterinarian observing a horse bleeding from one or both nostrils during or after the race, and determining that such bleeding is a direct result of exercise induced pulmonary hemorrhage.

(c) The stewards shall not void the claim if, prior to the race in which the horse is claimed, the claimant elects to claim the horse regardless of whether the racing or official veterinarian determines the horse will be placed on the Veterinarian's List as unsound or lame.

(1) An election made under subsection (c) of this rule shall be entered on the form CHRB-11(Rev. 8/14) Agreement to Claim, in accordance with section 1656 of this article.

(d) The claim shall be void if the race is called off, canceled, or declared no contest in accordance with Rule 1544 of this division.

Cal. Code Regs. Tit. 4, § 1658

1. New subsection (b) and new NOTE filed 11-22-2006; operative 12-22-2006 (Register 2006, No. 47).
2. Amendment of subsection (a), new subsection (b) and subsection relettering filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).
3. Amendment of subsections (a) and (b) and new subsections (b)(1)-(2) filed 5-2-2013; operative 5-2-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 18).
4. Amendment of subsection (b)(1), new subsection (c) and subsection relettering filed 4-7-2014; operative 7-1-2014 (Register 2014, No. 15).
5. Change without regulatory effect amending form CHRB-11 -- Agreement to Claim (incorporated by reference) and subsection (c)(1) filed 9-17-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 38).
6. Amendment of subsection (b)(2) and new subsection (b)(2)(A) filed 3-8-2016; operative 7-1-2016 (Register 2016, No. 11).

Note: Authority cited: Sections 19420 and 19440, Business and Professions Code. Reference: Section 19562, Business and Professions Code.

1. New subsection (b) and new Note filed 11-22-2006; operative 12-22-2006 (Register 2006, No. 47).
2. Amendment of subsection (a), new subsection (b) and subsection relettering filed 10-4-2011; operative 11-3-2011 (Register 2011, No. 40).
3. Amendment of subsections (a) and (b) and new subsections (b)(1)-(2) filed 5-2-2013; operative 5-2-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 18).
4. Amendment of subsection (b)(1), new subsection (c) and subsection relettering filed 4-7-2014; operative 7-1-2014 (Register 2014, No. 15).
5. Change without regulatory effect amending form CHRB-11 - Agreement to Claim (incorporated by reference) and subsection (c)(1) filed 9-17-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 38).
6. Amendment of subsection (b)(2) and new subsection (b)(2)(A) filed 3-8-2016; operative 7/1/2016 (Register 2016, No. 11).