R 431.4140 Claiming; title transfer.

Rule 4140. (1) A horse claimed shall race in all heats or dashes of the race in the interest and for the account of the owner who declared it in the race, but title to the claimed horse shall be vested in the successful claimant from the time when the word “go” is given in the first heat or dash except as provided in these rules. (2) The stewards shall require a person making a claim for a horse to file an affidavit that he or she is claiming the horse for his or her own account or as authorized agent and not for any other person. Any person who files a false affidavit shall be subjected to disciplinary action. (3) A claimed horse shall not be sold or transferred, wholly or in part, to anyone within 30 days after the day it was claimed, except in another claiming race. (4) If a horse in a claiming race is scratched by the stewards for any reason, including being declared a non-starter, any claims on that horse are void. However, that horse in its next start, regardless of the condition of the race entered, may be claimed for the same price as the race from which it was scratched. This subrule applies from the date of the scratch or declaration of a non-starter until the last day of the final harness race meeting licensed by the executive director that year. This subrule does not include horses scratched due to entry error or ineligibility, which is verified by the race office in writing. Any horse scratched from a claiming race and taken out of state to race shall upon its return to Michigan be bound by this subrule within the same year. (5) If the analysis of a post-race blood or urine sample taken from a claimed horse results in a post-race positive test for an ARCI class 1 drug, the claimant’s trainer shall be promptly notified by the stewards and the claimant shall have the option to void the claim within 3 days of the notice by the claimant’s trainer. An election to void a claim shall be submitted in writing to the stewards by the claimant or the claimant’s trainer. If the claim is voided, the horse shall be returned to the owner of the horse who subjected the horse to claiming in the race from which the positive test resulted. (6) If a horse is claimed, a blood sample may be taken by a licensed veterinarian to be tested for equine infectious anemia. The sample shall be forwarded within 24 hours to an approved laboratory. Pending the receipt of a negative test for equine infectious anemia, the money paid for the claimed horse shall be held by the association. If the test is positive 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. (7) A claimed horse is not eligible to race in any other jurisdiction other than Michigan for a period of 30 days from the date of claim or until after the close of the live race meeting at which it was claimed, whichever period of time is the less. (8) The stewards shall be the judges of the validity of a claim. (9) A claim not filled out completely or that does not accurately identify the claim renders the claim void. (10) Notwithstanding any incorrect designation of sex or age appearing in the racing publication, the claimant of a horse shall be solely responsible for determining the age or sex of the horse claimed. (11) A person shall not enter a horse in a claiming race without disclosing the horse’s true ownership. When a horse is claimed, the change of ownership of a horse entered in a claiming race by someone who does not have undisputed possession of the horse shall not be considered after closing time for claims of that race.