71 IAC 6.5-1-1 General provisions

Sec. 1. (a) A person entering a horse in a claiming race warrants that the title to the horse is free and clear of any existing claim or lien, either as security interest mortgage, bill of sale, or lien of any kind, unless before entering the horse, the written consent of the holder of the claim or lien has been filed with the stewards and the racing secretary and its entry approved by the stewards. A transfer of ownership arising from a recognized claiming race will terminate any existing prior lease for the horse. (b) Every horse claimed shall race for the account of the owner at the time of entry, but title to a claimed horse shall be vested in the successful claimant at the time the horse leaves the starting gate and is declared an official starter. (c) All claimed horses shall go to the test barn for the collection of biological samples, and for observation by the racing veterinarian. (d) A claim shall be voided, and ownership of the horse retained by the owner at the time of entry, if: (1) the horse dies on the racetrack; (2) the horse is euthanized before leaving the racetrack; (3) the horse is vanned off the racetrack at the direction of the racing veterinarian; (4) the racing veterinarian determines within one (1) hour of the race that the horse will be placed on the veterinarian's list as physically distressed, medically compromised, unsound, or lame before the horse is released to the successful claimant; and (5) the biological samples collected confirm the presence of a prohibited substance. (e) The claim shall not be voided if, prior to the race in which the horse is claimed, the claimant elects to claim the horse regardless of whether the racing veterinarian determines that the horse will be placed on the veterinarian's list or the horse's biological samples confirm the presence of a prohibited substance. (f) An in-foal filly or mare shall be eligible to be entered into a claiming race only if all of the following conditions are fulfilled: (1) Full disclosure of such fact is on file with the racing secretary and such information is posted in the racing secretary's office. (2) The stallion service certificate has been deposited with the racing secretary's office. (3) All payments due for the service in question and for any live progeny resulting from that service are paid in full. (4) The release of the stallion service certificate to the successful claimant at the time of claim is guaranteed. (g) The stewards may set aside and order rescission of a claim for any horse from a claiming race run in this jurisdiction upon a showing that any party to the claim committed a prohibited action, as specified in section 4 of this rule, or that the owner of the horse at the time of entry in the claiming race failed to comply with any requirement of this article. Should the stewards order a rescission of a claim, they may make a further order for the costs of maintenance and care of the horse as they may deem appropriate.