Section 183.151. Claiming regulations and procedures

(a) A current member or associate member of the United States Trotting Association or a current licensee of this or another jurisdiction may claim any horse in a claiming race if the member, associate member or licensee has on credit, with the association conducting the race, an amount equal to the specified claiming price plus the applicable tax and requisite fees for transfer of title.

(b) The association shall provide an automatic time clock which shall be used to stamp the time the claim is filed in the claim box upon the envelope containing the claim.

(c) Claims shall be in writing on forms and in envelopes provided by the association, sealed and deposited in the claim box at least 15 minutes before the time originally scheduled for the race to begin. A person may file only one claim in one race.

(d) The claiming price shall be printed on the program, and all claims shall be for the amount so designated. If more than one claim is filed for the same horse, the successful claimant shall be determined by lot by the presiding judge.

(e) The association shall provide for an agent who shall, immediately after closing the claim box, deliver it to the presiding judge. The association’s auditor, or the auditor’s agent, shall be prepared to state whether the claimant has on credit, with the association, the amount equivalent to the specified claiming price. A race official may not give information on claims filed until after the race.

(f) If a horse programmed to start in a claiming race is scratched, the horse, on its next start within this Commonwealth, regardless of the conditions of that race, shall be subject to be claimed at the claiming price to which it was subject in the race from which it was scratched. This provision applies for 30 days immediately following the date of the race from which the horse was scratched. The removal of the horse from this jurisdiction shall toll the 30-day period. The 30-day period shall resume when the horse is returned to this jurisdiction.

(g) A horse claimed shall be delivered immediately by the original owner to the successful claimant upon authorization of the presiding judge. The horse’s halter shall accompany the horse. Altering or removing the horse’s shoes will be considered a violation of this rule. Every horse claimed shall race for the interest and for the amount of the owner who declared it in the event. Title to the claimed horse, subject to the conditions and provisions of subsection (h) and § 183.152 (relating to blood sample required where horse is claimed), shall be vested in the successful claimant from the word ‘‘go.’’ The successful claimant shall become the owner of the claimed horse, whether it be alive or dead, sound or unsound, or injured during the race or after it.

(h) A post-race urine or blood test, or both, shall be taken from each horse claimed out of a claiming race. The claim shall be voidable at the claimant’s discretion if the forensic analysis by the Commission’s laboratory results in a positive test for a prohibited substance, as provided in § 183.352 (relating to post-race saliva, urine and blood tests). The claimant shall notify the Presiding Judge in writing within 24 hours of the intention to void the claim and return the claimed horse to the original owner. The claimant shall immediately sign over to the original owner the necessary certificates of ownership of the claimed horse. This subsection does not relieve the original trainer/owner of the responsibility for the condition of the claimed horse during the trainer/owner’s control or care or custody of the horse.

(i) The owner of a horse may not claim it, or cause it to be claimed for the owner’s account.

(j) Before the claimed horse is delivered, the Presiding Judge may require the successful claimant to execute an affidavit stating that the horse is being claimed for the claimant’s account or for the account of a person for whom the claimant is an authorized agent and not for another person.

(k) The presiding judge may void a claim if the horse claimed has impaired eyesight in both eyes or is denerved above an ankle, or if a mare is in foal and the Presiding Judge was not notified before declaration.

(l) If a horse is claimed, no right, title or interest therein may be sold or transferred except in a claiming race for 30 days following the date of claiming. The horse may not race at a track other than the track where claimed for 30 days or the balance of the current racing meeting, whichever comes first, unless released by the racing secretary.

(m) The trainer or driver of a horse may not claim that horse.

(n) A person may not offer, or enter into an agreement, to claim, or not to claim, or attempt to prevent another person from claiming, a horse in a claiming race.

(o) There may not be a change in ownership or trainer once a horse is programmed.

(p) A person may not refuse to deliver a horse legally claimed out of a claiming race.

(q) A person may not enter a horse against which there is a mortgage, bill of sale or lien, unless the written consent of the holder of the claim is filed with the clerk of the course of the association conducting the claiming race.

(r) Subject to the conditions of subsection (h) and § 183.152, the association shall pay the claiming price to the owner at the time the registration certificate is delivered for presentation to the successful claimant.

(s) The successful claimant of a horse who has requested a Coggins test be administered to the horse may not declare or start the horse in future races pending the receipt of a negative test.

(t) Except as provided in § 183.138(a) and (b) (relating to rejection or declaration), a horse owner is not prohibited from determining the price for which that owner’s horse shall be entered.

(u) A claim may not be withdrawn once properly made.

(v) A claiming race may not be offered permitting claims for less than the minimum purse offered at that time during the same racing week.

(w) If the Presiding Judge determines that the declaration or claim of a horse or a claiming race is fraudulent, the Presiding Judge may void the claim. If the Presiding Judge determines that a claim of a horse is fraudulent on the part of the person making the claim, the Presiding Judge may void the claim and may, at the option of the person declaring it in, return the horse to the person declaring it in.

(x) The current registration certificate of horses entered in claiming races shall be on file with the racing secretary together with a separate claiming authorization form signed by the registered owner and indicating the minimum amount for which the horse may be entered to be claimed. To facilitate transfer of claimed horses, the Presiding Judge may sign the transfer but must then send the registration certificate and claiming authorization to the registrar for transfer.

(y) Whenever possible, claiming races shall be written to separate horses 5-year-old and up from young horses and to separate males from females. If sexes are mixed, mares may be given a price allowance.

The provisions of this § 183.151 amended April 15, 1994, effective April 16, 1994, 24 Pa.B. 1960. Immediately preceding text appears at serial pages (51823) to (51826).

Notation

Cross References

This section cited in 58 Pa. Code § 181.1 (relating to definitions).