N.J. Admin. Code § 13:70-12.20A

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:70-12.20A - Voidable claims

(a) A claim is voidable at the discretion of the successful claimant if:

1. A post-race test of the claimed horse pursuant to N.J.A.C. 13:70-12.36returns a positive finding for any drug and/or substance foreign to the natural horse. However, if the successful claimant races the horse prior to receiving the results of the post-race test, the claimant waives his or her right to void the claim. Further, if the claimant races the horse prior to receiving the results of the post-race test and the horse tests positive for any substance, including the substance that the horse tested positive for in connection with the race in which it was claimed, the claimant's trainer shall be liable for the positive post-race test in accordance with the rules of the Commission; or

2. A claimed horse, after starting in the race from which it was claimed, and at the direction of the State Veterinarian, is ordered transported or "vanned off" via racetrack equine ambulance from the track. In such an instance, the claimant or his or her trainer shall have one hour from off-time of the race in which the horse was claimed, to inform the stewards of his or her decision to void the claim. Should the claimant, or his or her trainer or representative, take possession of the horse and remove it from the detention barn or should the claimant or his or her trainer fail to communicate to the stewards his or her decision to void the claim within one hour from off-time, the claim shall be considered valid and the right to void the claim shall expire. Communication of the claimant's decision to void the claim may be made to the State Veterinarian who shall then log the time the decision was communicated and immediately contact the stewards.

N.J. Admin. Code § 13:70-12.20A

Adopted by 48 N.J.R. 2826(a), effective 12/19/2016

Amended by 50 N.J.R. 1899(b), effective 8/20/2018