23 CAR § 357-611. Claiming

(a)(1) In claiming races on the flat, any horse is subject to claim by: (A) Any owner in good standing; or (B) A person who has been issued a claiming authorization as provided below in subsection (b) of this section (a “claiming authorization”). (2) However, no owner (who has not otherwise been issued a claiming authorization) may claim a horse at Oaklawn unless that owner (either individually or through co-ownership, partnership, limited liability company, corporation, or other entity in which the owner owns an equity interest) has: (A) Foal papers on file in the Oaklawn racing office with respect to a horse eligible to race at Oaklawn; or (B) Started a horse at the Oaklawn meeting and does not currently have foal papers on file in the racing office with respect to a horse eligible to race at Oaklawn because the owner’s last horse or horses was claimed, i.e., in the case of subdivision (a)(2)(A) of this section or this subdivision (a)(2)(B), that owner is not required to obtain a claiming authorization and is immediately eligible to claim a horse at Oaklawn, provided such claim is in compliance with all other applicable claiming rules. (b) Claiming authorization. (1) The stewards or their appointed representatives shall issue a claiming authorization to any person who makes application therefor on forms prescribed for that purpose and who: (A) Meets all requirements for the issuance of an owner’s license; (B) Either: (i) Is not presently involved, and does not have a spouse presently involved, as an owner of a horse in thoroughbred racing able and eligible to race at Oaklawn; (ii) Was an owner, either individually or through co-ownership, partnership, limited liability company, corporation, or other entity in which the owner owns an equity interest, of a horse that had an official start in a prior race at Oaklawn during the immediately preceding Oaklawn race meet; or (iii) Has foal papers on file in the Oaklawn racing office with respect to a horse eligible to race at Oaklawn; (C) Has an agreement with a licensed trainer to take charge of, care for, and train any horse claimed pursuant to the claiming authorization (and the holder of a claiming authorization and the trainer shall each promptly notify the stewards in writing if such agreement is terminated before a horse is successfully claimed); (D) Has at least the amount of the claim on deposit or credited with the horsemen’s bookkeeper; and (E)(i) A claiming certificate may not be utilized until twenty-four (24) hours shall have elapsed since the application was received and approved by the stewards. (ii) However, notwithstanding the foregoing, a claiming authorization may not be issued to any thoroughbred horse trainer licensed as such in any jurisdiction unless the trainer is a member of a partnership, limited liability company, corporation, or other entity that would otherwise be eligible for a claiming authorization and the claim is being made by that partnership, limited liability company, corporation, or other entity. (2)(A) The claiming authorization shall be valid for the race meet in which it is issued or until such earlier time as the person to whom the claiming authorization was issued: (i) Executes a claim and becomes an owner of a horse through use of the claiming authorization; or (ii) In the case of a claiming authorization issued to a person under subdivision (b)(1)(B)(i) of this section, through private purchase. (B) A person shall not be eligible for issuance of more than one (1) claiming authorization for the same race meeting unless the person presents evidence to the satisfaction of the stewards that the person is no longer the owner (either individually or through co-ownership, partnership, limited liability company, corporation, or other entity in which the owner owns an equity interest) of a horse able to race at Oaklawn because of illness or injury to the horse. (3)(A) If the applicant has not been issued an owner’s license for the current race meet, the same fee charged for an owner’s license shall be payable to the Arkansas Racing Commission by the applicant prior to issuance of a claiming authorization. (B) The holder of a claiming authorization shall not, by virtue thereof, be entitled to admission to the grandstand, clubhouse, or other spectator facility at prices less than those charged the general public. (4)(A) An application for claiming authorization may be denied or revoked for any reason that would justify denial, suspension, or revocation of an owner’s license. (B) Any person whose claiming authorization is denied or revoked shall have the same rights to notice and hearing as an owner whose license is denied, suspended, or revoked. (5) A holder of a claiming authorization for the current race meet who has not previously been granted an owner’s license for the current race meet will be issued an owner’s license without payment of any additional fees, but subject to the other requirements for issuance of an owner’s license. (c)(1) First waiver. At the time of entry into a claiming race, the owner (or trainer acting under authorization from the owner) may opt to declare a horse ineligible to be claimed provided: (A) The horse has not been an official starter in a race at any racetrack for a minimum of one hundred twenty (120) days since its last race as an official starter; (B) The horse's last race as an official starter was a claiming race in which the horse was eligible to be claimed; (C) The horse is entered for a claiming price equal to or greater than the claiming price at which it last started as an official starter; (D) Failure to declare the horse ineligible at the time of entry may not be remedied; and (E) Ineligibility to be claimed under this subdivision (c)(1) shall apply only to the horse’s first start as an official starter following each such one hundred twenty-day or longer layoff. (2) Second waiver. At the time of entry into a claiming race, the owner (or trainer acting under authorization from the owner) may opt to declare a horse ineligible to be claimed provided: (A) The horse was properly declared ineligible to be claimed in its immediately preceding race at Oaklawn under subdivision (c)(1) of this section, i.e., its ”first race back”; (B) The horse was an official starter in its first race back and was not the official winner in its first race back; (C) The horse has not been an official starter in a race at any racetrack since its first race back; (D) The horse is entered for a claiming price equal to or greater than the claiming price at which it last started as an official starter; (E) Failure to declare the horse ineligible at the time of entry may not be remedied; and (F) Ineligibility to be claimed under this subdivision (c)(2) shall apply only to the horse's next start as an official starter following the horse's first race back. (d) A claim may be made by an authorized agent, but the agent may claim only for the account of those for whom he or she is licensed as agent. (e) No person shall claim his or her own horse or cause his or her own horse to be claimed, directly or indirectly, for his or her own account. (f) No person shall claim more than one (1) horse from any one (1) race. (g) When a stable consists of horses owned by more than one (1) person and trained by the same trainer, no more than one (1) claim (in the aggregate) may be entered on behalf of such stable or any member of such stable in any one (1) race. (h) The claiming price of each horse in a claiming race shall be printed in the official program, and all claims for said horse shall be for the amount so designated. (i)(1) Each claim shall be made in writing on a form supplied by the franchise holder. (2) It shall be properly signed and enclosed in an envelope provided for the purpose by the Racing Secretary. (3) The envelope shall have no identification mark on it, but it shall be marked with the number of the race. (4) It shall be sealed and deposited in a locked box provided for this purpose by the Racing Secretary. (j)(1) No money or its equivalent shall be put in the claiming box. (2) For a claim to be valid, the person making the claim must have a credit balance in his or her account with the franchise holder's horseman's account of not less than the amount of the claim plus any applicable sales tax. (3) All claims shall be deposited in the claiming box at least fifteen (15) minutes before the established post time of the race out of which the claim is made. (k)(1) Claims are irrevocable except as otherwise provided in subdivision (k)(5) of this section. (2)(A) At the time of filing the claim form, claimants shall have the right to designate on the claim form a request for a post-race test of the claimed horse for beta-2 agonists, anabolic steroids, and blood doping agents determined from time to time by the Commission Veterinarian, including, but not limited to: (i) Clenbuterol; (ii) Erythropoietin; (iii) Darbepoetin; (iv) Oxyglobin; and (v) Hemopure, a blood doping agent. (B) In the event a request for the post-race test for beta-2 agonists, anabolic steroids, and blood doping agents is marked on the successful claimant’s claim form, the claimed horse shall be taken to the test barn immediately after the race, a blood, urine, and/or hair sample shall be obtained from the horse by the Commission Veterinarian or Commission Veterinarian's assistant, and the sample shall be submitted to a commission-approved laboratory to test for the presence of beta-2 agonists, anabolic steroids, and blood doping agent antibodies. (C) The blood, urine, or hair sample shall be taken, contained, and submitted to the commission-approved laboratory in accordance with the rules and procedures, including split samples, applicable to other post-race tests for foreign substances. (D) The beta-2 agonists, anabolic steroids, and blood doping agents to be tested for shall include clenbuterol, Erythropoietin, Darbepoetin, Oxyglobin, Hemopure, and such other beta-2 agonists, anabolic steroids, and blood doping agents determined from time to time by the Commission Veterinarian. (3)(A) The successful claimant shall be responsible for paying the cost for the test for beta-2 agonists, anabolic steroids, and blood doping agents. (B) This cost shall be posted by the Commission Veterinarian and shall be deducted from the successful claimant’s account with the horsemen’s bookkeeper. (4)(A) If for any reason the claimed horse is unable to go to the test barn following the race, the Commission Veterinarian or Commission Veterinarian’s assistant will make reasonable efforts to reach the horse and obtain a blood, urine, and/or hair sample for testing. (B) If for any reason the Commission Veterinarian or Commission Veterinarian’s assistant is unable or otherwise fails to obtain a blood, urine, or hair sample, the successful claimant's right to revoke the claim under this subsection shall be forfeited. (5) The successful claimant shall have the right to void the claim if the stewards determine that the blood, urine, or hair sample from the claimed horse exhibited a positive response to the test for any beta-2 agonist, anabolic steroid, or blood doping agent under the testing guidelines established by the Commission Veterinarian, provided, any such revocation of the claim must be submitted in writing to the stewards within the forty-eight-hour period after the stewards’ decision on the positive test result is made public, as set forth below. (6)(A) Once the stewards’ determination of the positive test result for beta-2 agonists, anabolic steroids, and a blood doping agent is made public, the successful claimant shall have forty-eight (48) hours thereafter to exercise his or her right to revoke the claim. (B) Such revocation must be in writing and must be submitted to the stewards within said forty-eight-hour time period. (C) If no such revocation is received by the stewards within the designated forty-eight-hour time period, the successful claimant shall forfeit the right to revoke the claim. (7) If the successful claimant revokes the claim in accordance with this subsection, the stewards shall order that the: (A) Horse be returned promptly to the former owner from whom the horse was claimed; and (B) Claim money be returned promptly to the claimant revoking the claim, regardless of any appeals, hearings, or other delays of any type. (8) The successful claimant shall be responsible for all expenses for the care and maintenance of the horse from the time the horse is transferred to the claimant until the time the horse is returned to the prior owner following revocation of the claim in accordance with this subsection. (9)(A) In the event a claimed horse suffers a fatality during the running of the race (or on the racetrack after the running of the race and before control of the horse is transferred to the claimant), or the horse is otherwise removed from the racetrack in the horse ambulance, the claim shall be declared void by the Board of Stewards unless the claimant notifies the Board of Stewards within fifteen (15) minutes after the race is declared official that the claimant desires for the claim to remain in effect. (B) Any such notice must be provided within said fifteen-minute period by the claimant-owner or the claimant-owner's trainer, or by a representative thereof designated in writing for this purpose by the claimant-owner or claimant-owner's trainer to the Board of Stewards prior to the running of the race with respect to which the claim was submitted. (10)(A) In the event a claimed horse suffers an injury during the running of the race (or on the racetrack after the running of the race and before control of the horse is transferred to the claimant), but the horse is not removed from the racetrack in the horse ambulance pursuant to instructions from the Association Veterinarian, contrary to instructions from the Association Veterinarian, because of unavailability of a horse ambulance, or because of other extenuating circumstances, e.g., horse is injured in the race, loses jockey, and runs loose off the track, the Board of Stewards may, after consultation with the Association Veterinarian, declare the claim void unless the claimant notifies the Board of Stewards within fifteen (15) minutes after the race is declared official that the claimant desires for the claim to remain in effect. (B) Any such notice must be provided within said fifteen-minute period by the claimant-owner or the claimant-owner's trainer, or by a representative thereof designated in writing for this purpose by the claimant-owner or claimant-owner's trainer to the Board of Stewards prior to the race with respect to which the claim was submitted. (l)(1) When claiming time has expired, the claiming box shall be delivered to the Racing Secretary or the Racing Secretary's deputy. (2) The Racing Secretary or the Racing Secretary's deputy shall open the box, and thereafter all claims are in their possession. (3) The claiming box shall be available in the office of the Racing Secretary each racing day until fifteen (15) minutes before scheduled post time of each race. (4) Where after the claiming box shall be available in the possession of the Racing Secretary or the Racing Secretary's deputy. (m) The Racing Secretary or the Racing Secretary's deputy, shall open the claim envelope for each race as soon as, but not until, the horses for said race enter the track on the way from paddock to post, and immediately thereafter check with the horsemen’s bookkeeper to ascertain whether or not the proper credit balance has been established with the franchise holder. (n) The stewards may at any time, in their discretion, require any person filing a claim to make affidavit in writing that they are claiming in accordance with the rules. (o) Claims that are made not in keeping with the rules shall be void. (p) A claimed horse shall run in the interest and for the account of the owner from whom claimed. (q)(1) Title to a claimed horse shall be vested in the successful claimant at the time the horse becomes a starter, unless the claim is voided by the stewards or revoked by or on behalf of the claimant in accordance with this part. (2) A horse is a starter when the stall doors of the starting gate open in front of it at the time the starter dispatches the horses. (r)(1) Any horse that has been claimed shall, after the race has been run, be taken to a claimed horse exchange area approved by the Board of Stewards for delivery to the claimant. (2) However, if a urine or other test is to be made, the horse shall be taken to the test barn and the test made immediately. (3) Thereafter, possession of the horse shall be delivered to the claimant. (s) A horse claimed shall not be delivered by the original owner to the successful claimant until written authorization is given by the Racing Secretary. (t) No person shall refuse to deliver to the person legally entitled thereto a horse claimed out of a claiming race. (u) Multiple claims determined by draw — Invalid claims. (1) If more than one (1) claim is filed for the same horse, the title to the horse shall be determined by lot under the direction and supervision of one (1) or more of the stewards. (2) After title to the claimed horse is determined by lot under this subsection, all other claims on that horse in the race shall be deemed null and void. (3) Accordingly, if the winning claim determined by lot under this subsection is subsequently ruled invalid for any reason, title to the horse shall be returned to the owner of the horse prior to the lot draw. (4) The successful claimant shall be responsible for all expenses for the care and maintenance of the horse from the time the horse is transferred to the claimant until the time the horse is returned to the prior owner following invalidation of the winning claim. (v)(1) For a period of twenty-seven (27) days after the claim, a claimed horse shall not start in a race in which the determining eligibility price is less than twenty-five percent (25%) more than the price at which it was claimed. (2) The day claimed shall not count for purposes of counting the applicable twenty-seven-day period, and for this purpose, the immediate following calendar day after the day claimed shall be the first day. (3) The horse shall be entitled to enter whenever necessary so that the horse may start on the twenty-eighth calendar day following the claim, for any claiming price. (w)(1) No horse claimed in a claiming race shall be sold or transferred, wholly or in part, to anyone within thirty (30) days after the day claimed except in another claiming race. (2) Further, when a horse is claimed at a recognized race meeting under rules that are at variance with this subsection, title to such horse shall be recognized in Arkansas to follow the rule of the race meeting under which it was claimed. (x) No claimed horse shall remain in the same stable or under the care or management of the owner or trainer from whom claimed. (y) A horse claimed at a recognized race meeting under rules which are at variance with those of Arkansas shall, while racing in Arkansas, pay the penalties imposed on claimed horses by the Arkansas rules, and shall pay any additional penalty imposed by the rules under which it was claimed. (z)(1) The engagements of a claimed horse pass automatically with the horse to the claimant. (2) Notwithstanding any designation of sex or age appearing on the racing program or in any racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed. (aa)(1) The holder of a claim, whether it be a mortgage, bill of sale, or lien of any kind against a horse, shall be required to file the same with the Racing Secretary previous to the time the horse is entered. (2) Failure to do so shall forfeit his or her rights in the winnings of the horse previous to the time his or her claim is properly filed. (bb) No person shall enter a horse in a claiming race without disclosing its true ownership. (cc) An allegation of ownership of a horse entered in a claiming race will not be considered after closing time for claims on that race. (dd) No person shall offer or enter into an agreement to claim or not to claim, or attempt to prevent another person from claiming, any horse in a claiming race. (ee) No person shall attempt by intimidation to prevent anyone from running a horse in any claiming race for which it is entered. (ff) No owner or trainer shall make any agreement for the protection of each other's horses in a claiming race. (gg)(1) Any horse claimed at Oaklawn Jockey Club will not be eligible to start at any other track until the current Oaklawn meeting is closed, unless approved by the stewards. (2) See also subsection (hh) of this section for additional restrictions on starting horses at other racetracks after the current Oaklawn meeting is closed. (hh)(1) Except as otherwise provided in this subsection, no horse claimed during an Oaklawn race meet shall be eligible to race at another track for a period of thirty (30) days following the end of the Oaklawn racing season unless the claimed horse has subsequently run back in another race at Oaklawn following the claim. (2) Horses claimed during the final twenty-one (21) calendar days of an Oaklawn race meet are excepted from the requirements of subdivision (hh)(1) of this section. (3) Horses entered in good faith in a subsequent race at Oaklawn with appropriate conditions that are unable to run back because of failure of the subsequent race at Oaklawn to fill or failure to draw in from the also eligible list may be excepted from the requirements of subdivision (hh)(1) of this section, if approved by the Racing Secretary. (4) Horses also may be excused from the requirements of subdivision (hh)(1) of this section with approval by the Racing Secretary and stewards in other appropriate circumstances where the horse was unable for good cause to run back in a subsequent race at Oaklawn.