Kan. Admin. Regs. § 112-7-16

Current through Register Vol. 43, No. 49, December 5, 2024

Section 112-7-16 - Invalid or void claims and prohibitions on claims

(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.

Kan. Admin. Regs. § 112-7-16

Authorized by K.S.A. 74-8804; implementing K.S.A. 74-8825; effective, T-112-2-23-89, Feb. 23, 1989; effective June 19, 1989; amended, T-112-8-13-92, Aug. 13, 1992; amended, T-112-12-10-92, Dec. 10, 1992; amended Feb. 15, 1993; amended Jan. 18, 2008.