01-017 C.M.R. ch. 7, § 17 - Claiming Races

1. Who May Claim

Any person licensed as an Owner by the Maine Harness Racing Commission, or his or her authorized agent may claim a horse from any meet in the state.

2. Prohibitions
A. No person shall claim, directly or indirectly, his or her own horse nor shall he or she, directly or indirectly, claim a horse trained or driven by him or her.
B. No licensed owner or his or her authorized agent shall claim a horse for another person.
C. No person shall offer, or enter into an agreement, to claim or not to claim, or in any other way attempt to prevent another person from claiming any horse.
D. No person shall declare a horse into a claiming race against which there is a mortgage, bill of sale, or lien of any kind, unless the written consent of the holder thereof shall be filed with the Clerk of Course of the Association conducting such claiming race.
3. Ownership. Other than by re-entering the horse to a claiming race, no right, title or interest to a claimed horse shall be sold or transferred for a period of 30 days following a claim. The day following the date of the claim shall be the first day. Violations of this section shall be subject to a Level 3 penalty.
4. A horse claimed in the State of Maine shall not race outside the State of Maine for a period of 45 days or until all awarded race dates in Maine for that year have been fulfilled.
5. Return of Claimed Horse to Owner or Stable. No claimed horse may remain in the stable or under the care or management of the prior owner or trainer, or anyone connected therewith unless such condition results from the prior owner/authorized agent reclaiming the horse.
6. Claiming Procedure
A. Owner's Consent. A declaration to a claiming race may be accepted only when the Trainer or authorized agent warrants that he or she has authorization from the owner.
B. Claiming Authorization. The current registration certificate of all horses entered in claiming races must be on file with the Racing Secretary. To facilitate transfer of claimed horses, the Presiding Judge may sign and complete the transfer to the Registrar.
C. Program. The claiming price shall be printed on the program and all claims shall be for the amount so designated. Any horse entered in a claiming race may be claimed for the designated amount. If a horse is programmed by error of an official in a claiming race and scratched prior to post time, said horse cannot be claimed.
D. Claim Box. All claims shall be in writing, sealed and delivered to the clerk of course at least 30 minutes before the time originally scheduled for the race and shall be placed in a locked box located in the Judge's stand. A claim may be withdrawn no later than 10 minutes prior to the start of the race.
E. Opening of Claim Box. During the post parade of the claiming race the Presiding Judge shall break the seal on all claims, inspect the claims to determine their validity, and notify the Paddock Judge of a valid claim. It shall be announced before the race which horses have claims upon them and how many claims were filed per horse. In a claiming event with more than one heat or dash, the claiming box shall not be opened nor the seals broken until the post parade of the last heat or dash of the event.
F. Multiple Claims on Same Horses. Should more than one claim be filed for the same horse, the owner shall be determined by random selection by the Judges.
G. Delivery of Claimed Horses. Once the results of a claiming race have become official, the Presiding Judge shall announce the name of a successful claimant over the public address system. A horse which the Presiding Judge has determined claimed shall be delivered immediately by the original owner or his or her trainer to the successful claimant. The horse's halter must accompany the horse. Altering or removing the horse's shoes will be considered a violation of this rule. The Equipment Inspector shall verify the equipment and the length of the hopples. It shall be a Level 2 violation of the Commission rules for any person associated with the owner or trainer of a claimed horse to either verbally or physically disrupt the process of the claim exchange.
H. Refusal to Deliver Claimed Horse. Any person who refuses to deliver a horse determined claimed by a Presiding Judge shall be suspended together with the horse until delivery is made.
I. Effective Time of Claim. Every horse claimed shall race in all heats or dashes of the claiming event. The declaring owner shall enter the horse but from the word "GO," the successful claimant shall become the new owner. In the case of a claiming event with more than one heat or dash, the last heat or dash shall be the relevant claiming race.
J. Any licensed individual who wishes to claim a horse from a claiming race must present to the Association a Cashier Check, Money Order or Certified Bank Check made out to the owner of the horse. The Association shall turn over the check to the original owner at the time the registration certificate is delivered for presentation to the successful claimant. The remaining check(s) shall be returned to the unsuccessful claimants.
K. Scratched Horse. The successful claimant of a horse programmed to start may, at his or her option acquire ownership of a claimed horse, even though such claimed horse was scratched and did not start in the claiming race from which it was scratched. The successful claimant must decide immediately following the race whether to examine the horse or not. He or she has until 6:00 p.m. of the day following the claiming race to which the horse was programmed and scratched to accept or reject the horse. The trainer who entered said horse to race is responsible for producing the horse.
7. Claiming Conditions. Except for the lowest claiming price offered at each meeting, conditions and allowances in claiming races may be based only on age and sex. Whenever possible claiming races shall be written to separate horses five years old and up from young horses and to separate males from females. Mares shall be given a 20% allowance, provided, however, that there shall be no price allowance given to a spayed mare racing in a claiming race. Lowest claiming price conditions shall not be written in such a way that any horse is deprived of an opportunity to race in a normal preference cycle.
8. Complaints/Void Claims
A. The Judges shall rule on any question, complaint or allegation of impropriety relating to claiming races and/or the claiming process.
B. If the Judges determine that the declaration of any horse to a claiming race is fraudulent they shall declare the horse a non-starter and ineligible for claim.
C. If the Judges determine that any claim of a horse is fraudulent on the part of the person making the claim they shall declare the claim invalid.
D. It is a Level 1 violation of these rules to enter a mare in foal in a claiming race.
E. A biological sample will be obtained from any claimed horse, regardless of finish. If the presence of a prohibited substance in excess of acceptable levels is detected the claim on that horse may be voided.

Notes

01-017 C.M.R. ch. 7, § 17

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