N.Y. Comp. Codes R. & Regs. tit. 9 § 4230.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4230.5 - Requirements for claim; determination by judges

(a) All claims shall be in writing, sealed and deposited in a locked box provided for this purpose by the clerk of the course, at least 15 minutes before post time. No money shall accompany the claim. Each person desiring to make a claim, unless he shall have such amount to his credit with the association, must first deposit with the association the whole amount of the claim in cash, for which a receipt will be given. All claims shall be passed upon by the judges, and the person determined at the closing time for claiming to have the right of claim shall become the owner of the horse when the start is effected, whether it be alive or dead, sound or unsound or injured before or during the race or after it, unless the age or sex of such horse has been misrepresented, and subject to the provisions of subdivision (b) of this section. If more than one person should enter a claim for the same horse, the disposition of the horse shall be decided by lot by the judges. An owner shall not be informed that a claim has been made until after the race has been run, and any horse so claimed shall then be taken to the paddock for delivery to the claimant.

(b) In the event a horse is claimed and the claimant has indicated on the claiming blank an election to have a test for equine infectious anemia performed and has paid the prescribed fee therefor, a blood sample shall be taken by the commission veterinarian, and the sample identified as being from a claimed horse shall be forwarded within 24 hours to an approved laboratory to be tested for equine infectious anemia. Pending the receipt of a negative test for equine infectious anemia the monies paid for the claimed horse shall be held by the track. In the event of a positive test for equine infectious anemia the ownership of the claimed horse shall revert to the owner from whom the horse was claimed and the claiming monies shall be returned to the person or persons who claimed the horse. The cost of the test is to be borne by the claimant.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4230.5