Section 69.5-02-01-15 - Claiming provisions1. In claiming races, any horse may be claimed for its declared claiming price, plus allowances, by:a. A licensed owner who has a horse on the grounds registered to race at the meeting where the claim is to be made;b. A licensed owner: (1) Who does not, at the time actually own a horse registered to race because of fire, other misfortune or claim; or(2) Who has no horse on the grounds registered to race, and who has obtained a claim certificate issued by the board of judges after the expiration of three clear days from the date of receipt of the owner's application for a claim certificate; andc. A person whose application for an owner's license has been approved and who has received a claim certificate issued by the board of judges, after the expiration of three clear days from the date of the receipt of the person's application for an owner's license.2. A claim certificate is valid only for the current racing season.3. No owner may claim his own horse or cause his own horse to be claimed, directly or indirectly, for his own account.4. If there are two or more owners of a horse through which a claim is made, all must sign the claim, unless one is appointed in writing as the authorized agent to make the claim for the partnership or group, and no part owner may claim solely for himself unless that part owner has acquired a claim certificate under subdivision c of subsection 1.5. An owner may make a claim for his account through his authorized agent.6. No person may take more than one claim in any one race. 7. No person may claim a horse that is trained or driven by the person in that particular race.8. No authorized agent, although representing several owners, may submit more than one claim for any one race.9. Only one claim for owners having the same trainer may be entered in any one race.10. No person other than an authorized agent acting for his principal may claim a horse for or on behalf of any other person and, for the purposes of this section, a person making a claim by merely executing that claim declares that he is claiming on his own account.11. No person may: a. Offer to, or enter into agreement to, claim or not to claim a horse;b. Attempt to prevent a claim from being made; orc. By intimidation or otherwise prevent a horse from being raced in a claiming race.12. When a claim has been lodged with an association the claim is not revocable and is made at the sole risk of the claimant.13. The claimant is responsible for determining the sex of the horse claimed.14. To be eligible for a claim, a horse shall start in the event to which it was declared.15. A horse that started in a claiming race but is declared ineligible to the race by the judges is not eligible to be claimed.16. If a horse is declared to start in a claiming race, but is scratched, the scratch must be noted on its eligibility certificate and if a declaration is made within a period of thirty calendar days before its next start, that horse is subject to claim in its next start, regardless of the type or conditions of the race or ownership, at a claiming price not greater than the amount for which it could have been claimed in the race from which it was scratched.17. A horse shall race for the account of the owner in whose name it starts, but the title to the horse, whether the horse finishes safely or injured or otherwise or dies before, at, or after the finish, is vested in the successful claimant from the moment that horse becomes a starter.18. Claims must be made in writing on the proper claim blank form supplied by the association.19. No person may make a claim unless he has the amount of the claim on deposit with the horsemen's bookkeeper, and obtains a claiming credit note from the horsemen's bookkeeper covering the current balance in the claimant's account.20. A claim blank, claiming credit note, and claim certificate, properly completed, shall if necessary, all be placed in the claim envelope provided by the association for the purpose, and the envelope must be sealed, the date and number of the race written on it, and the envelope delivered to the horsemen's bookkeeper or another person designated for that purpose by the association, at least thirty minutes before post time of the race in respect to which the claim is being made, the bookkeeper or other person shall certify by automatic time clock on the outside of the envelope the time it was received.21. The horsemen's bookkeeper shall cause all claims to be delivered to the judges before the running of each race.22. The judge may not open any claim until the race in respect to which it is made is on the racetrack.23. The judges, after approving a claim and determining that the claimant has the required amount on deposit with the horsemen's bookkeeper, shall issue a delivery order for the claimed horse to the original owner who shall immediately make delivery, to the claimant in the paddock or test barn without altering or removing the claimed horse's shoes.24. If more than one person enters a claim for the same horse, the successful claimant must be determined by lot by the judges, or other racing officials designated by the judges.25. No claim may be made of a horse that has the same trainer as other horses of the claimant.26. If an owner or trainer refuses to deliver a claimed horse, the owner, or the trainer and the horse must be suspended.27. The certificate of registration of a claimed horse, upon completion of the claim procedure prescribed in this section, must be transferred to the claimant by the association.28. If a horse is claimed:a. The horse or any partial interest in it may not be sold or transferred to anyone, for a period of thirty days from the date of claim, except in a claiming race, nor may it, unless reclaimed, remain in the same stable or under the control or management of its former owner or trainer for that period; andb. It may not race outside of North Dakota except in a stake race until after the expiration of thirty days, or until after the conclusion of the current racing season, whichever first occurs.29. The new owner or trainer of a claimed horse must be allowed to scratch the horse out of any race in which it had been entered by its former owner.30. Any claim made in contravention of this regulation may be declared voidable by the judges.31. If a horse is claimed at a meeting under rules of another turf authority, title to and entry restrictions with respect to that horse must be recognized in North Dakota in accordance with the rules of the other turf authority.32. Spayed mares may not receive any sex allowance. N.D. Admin Code 69.5-02-01-15
General Authority: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10
Law Implemented: NDCC 53-06.2-04, 53-06.2-05, 53-06.2-10