Current through September 17, 2024
Section 294-15.007 - TRANSFER OF CLAIMED HORSES15.007.01 Upon successful claim, the stewards shall issue, upon forms approved by the Commission, an authorization of transfer of the horse from the original owner to the claimant. Copies of the transfer authorization shall be forwarded to and maintained by the stewards and the racing secretary. Upon notification by the stewards, the horsemen's bookkeeper shall immediately debit the claimant's account for the claiming price, applicable taxes and transfer fees.15.007.02 A person shall not refuse to deliver a properly claimed horse to the successful claimant.15.007.03 Transfer of possession of a claimed horse shall take place immediately after the race has been run unless otherwise directed by the stewards. If the horse is required to be taken to the test barn for post-race testing, the original trainer or his/her representative shall maintain physical custody of the claimed horse and shall observe the testing procedure and sign the test sample tag. The successful claimant or his/her representative shall also accompany the horse to the test barn.15.007.04 When a horse is claimed out of a claiming race, the horse's engagements are transferred, with the horse, to the claimant.15.007.05 Any horse so claimed shall not be sold or transferred wholly or in part to anyone for thirty (30) days thereafter, except in another claiming race, nor shall it remain under the control or management of its former owner or trainer for a like period, unless reclaimed. A horse claimed at a Nebraska track shall not be permitted to race at a track outside of Nebraska until after the close of the meeting at which it was claimed, nor shall it race at another Nebraska track, except in stake or handicap races, except by special permission of the stewards at the meeting at which it was claimed. A horse claimed at a Nebraska track shall not be prevented from entering or running in a stake or handicap race at another Nebraska track. Provided, however, that in the period of thirty (30) days after the date of claiming, upon petition of the owner of record or said owner's authorized agent, the Commission may permit or ratify the sale or transfer, in whole or in part of a horse claimed at a Nebraska meeting. This action of the Commission shall be for reasons and under conditions and terms which shall appear sufficient to the Commission. Provided, further, that when a horse is claimed at a recognized meeting under rules which are at variance with this rule, title to such horse shall be recognized in Nebraska to follow the rule of the meeting under which it was claimed. See Statute 2-1220.)294 Neb. Admin. Code, ch. 15, § 294-15.007