13:70-12.1
Claiming races on the flat
Owners who posses a current New Jersey
owners license will be permitted to claim horses prior to starting
a horse at the race meeting. All other provisions of the claiming
rules remain in effect.
13:70-12.2
Restriction; claiming privileges
Stewards at their discretion may permit
an owner racing from out of state to replace a horse claimed from
him even though the owner does not meet the stabling requirements.
13:7012.4
Claimed horse
FOR A PERIOD OF 20 DAYS AFTER THE CLAIM, ANY CLAIMED HORSE SHALL
NOT RACE FOR A CLAIMING PRICE OF LESS THAN 25% MORE THAN THE
PRICE FOR WHICH IT WAS CLAIMED. ANY SUBSEQUENT CHANGES IN THE OFFICIAL
ORDER OF FINISH POSTED BY THE STEWARDS ON THE DAY WHICH THE HORSE
WAS CLAIMED SHALL NOT AFFECT THIS REQUIREMENT. THE RULE WILL EFFECT
HORSES CLAIMED ON JUNE 13, 2001 OR LATER.
13:70-12.5
Claimed horse racing elsewhere
A claimed horse shall not race elsewhere
until after the close of the meeting at which it was claimed.
Nothing in this rule shall preclude any claimed horse from entering
any stake race.
13:70-12.6
Agents
A claim may be made by a licensed authorized
agent, but an agent may claim only for the account of those for whom
he is licensed as an agent.
13:70-12.7
Claiming own horse
No person shall claim his own horse,
or cause his own horse to be claimed, directly or indirectly, for
his own account.
13:70-12.8
Claimed horse; stabled
No claimed horse shall remain in the
same stable or under the care or management of the owner or trainer
from whom claimed.
13:70-12.9
Number of claims
No person shall claim more than one
horse in any one race. No authorized agent, although representing
several owners, shall submit more than one claim in any one race.
No person shall place or cause to be placed more than one claim form
in the claim box under any circumstances.
13:70-12.10
Stable claims
When a stable consists of horses owned
by more than one person, trained by the same trainer, not more than
one claim may be entered on behalf of such stable in any one race.
SALES TAX RULE
The sales tax on horses previously claimed in the state of New Jersey, within the calendar year beginning January 1, will be REDUCED to that portion of the claiming price which exceeds the highest prior claiming price. The 6% sales tax must still be on deposit with the horseman's bookkeeper (regardless of any previous claim) on the FULL claiming price!
13:70-12.11
Agreements
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; and no owner or
trainer shall make any agreement for the protection of each other's
horses in a claiming race.
13:70-12.12
Intimidation
No person shall attempt by intimidation
or threat of bodily harm to prevent anyone from racing a horse in
any claiming race for which it is entered.
13:70-12.13
Affidavits
The Stewards may, at any time, at their
discretion, require any person who has filed a claim to make affidavit
in writing that he is claiming in accordance with the rules; and claims
which are not made in keeping with the rule shall be void.
13:70-12.14
Form of claims
All claims must be made
in writing, on forms and in envelopes furnished by the association.
Both forms and envelopes must be filled out completely, and must be
accurate in every detail, otherwise, the claim shall be void. For
purposes of compliance with this rule, the name of the horse as appearing
in the program and/or Daily Racing Form shall govern.
13:70-12.15
No money in claim box
No money or its equivalent shall be
put in the claim box. For a claim to be valid the claimant must
have a credit balance in his account with the association's horseman's
accountant of not less than the amount of the claim, plus New Jersey
sales tax. No claimant shall deplete his account after entering
a claim for any horse for a period of two hours from the time the
said claim was entered.
13:70-12.16
Time; claims
Claims must be deposited in the claim
box at least 10 minutes before post time of each race.
13:70-12.17
Irrevocability
Claims
are irrevocable.
13:70-12.18
Opening claim envelopes
Prior to off-time, the stewards, or
their appointed deputy, shall open the claim envelopes to ascertain
whether the proper credit balance has been established with the association.
The association shall provide an agent who shall deliver the claim
box to the Steward's stand.
13:70-12.19
Title in claimed horse
Title in a claimed horse shall be vested
in a successful claimant from the time said horse is a starter, and
said claimant shall then become the owner of the horse whether it
be alive or dead, sound or unsound, or injured during the race or
after it.
13:70-12.20
Void claims
If a claimed horse is excused by the
stewards before it is a starter, any claim or claims for such horse
shall be void.
13:70-12.21
Delivery to claimant
Any horse that has been claimed shall,
after the race has been run, be taken to the detention barn for delivery
to the claimant.
13:70-12.22
Delivery; written authorization
A claimed horse shall not be delivered
to the successful claimant until written authorization is given by
the racing secretary; or his deputy.
13:70-12.23
Cooling the horse
A trainer whose horse has been claimed
is responsible for cooling his horse out until after the collection
of any blood and/or urine specimen and he shall sign for the witnessing
thereof. Failure to comply shall be subject to penalty.
13:70-12.24
Required delivery
No person shall refuse to deliver to
the person legally entitled there to a horse claimed out of a claiming
race, and furthermore, the horse in question is disqualified until
delivery is made.
13:70-12.25
Title; more than one claim
If more than one claim is filed for
the same horse, title to the horse shall be determined by lot under
the direction or supervision of the Stewards, or their appointed deputy.
13:70-12.26
Engagements
When a horse is claimed the horse's
engagements are included.
13:70-12.27
Liens
No person shall enter a horse against
which there is a mortgage, bill of sale, or lien of any kind, unless
the written consent of the holder of the claim shall be filed with
the Racing Secretary of the association conducting such claiming race.
13:70-12.28
Eliminated stables
Should any stable registered at a meeting
be eliminated by sale or removal from the grounds, the right to claim
is void.
13:70-12.29
Right to claim
(a) An owner whose stable has been eliminated
by claiming shall have the right to claim during the remainder of
the meeting at which his stable was eliminated, or for 30 New Jersey
racing days, whichever period is longer.
(b) If the 30 day period should extend into the next succeeding meeting, the owner must obtain a certificate from the Stewards of the meeting at which his last horse was claimed, and must present this certificate when filing a claim at the next meeting.
(c) Stables eliminated by fire or other hazards may also be permitted to claim under this rule at the discretion of the Stewards.
13:70-12.30
Claiming Price
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.
13:70-12.31
Sale of claimed horse
No horse claimed in a claiming race
shall be sold or transferred, wholly or in part, to any one within
30 days after the day he was claimed except in another claiming race.
13:70-12.32
Conflict of rules
A horse claimed at a recognized meeting
under rules at variance with those contained in this subchapter, shall
while racing in New Jersey, serve any additional penalty imposed by
the rules of the state wherein claimed.
13:70-12.33
Circumvention of rules
If an owner ships away only part of
his horses, the Stewards shall be free to decide whether or not a
part was left behind merely to circumvent the claiming rules.
If they should decide an attempt was made at the circumvention of
the rules, the claim shall be void and the owner or stable considered
an eliminated stable under Section 29 of this subchapter.
13:70-12.34
Sex of horse claimed
Notwithstanding any designation of sex
appearing on the racing program or in any racing publication, the
claimant of a horse shall be solely responsible for determining the
sex of the horse claimed.
13:70-12.35
Protests
A protest of the claim of a horse must
be filed with the Stewards within 48 hours of the claim. No
protest will be accepted after that time.
13:70-12.36
Testing
A post race urine test shall be taken
in full compliance with subchapter 14 from any horse claimed in a
race. The claimant shall have the right to void said claim should
the forensic analysis of the sample so taken be positive for any drug.
13:70-12.37
Open Claiming
(a) This section is not applicable to
any licensed owner that has claiming privileges pursuant to N.J.A.C.
13:70-12.1.
(b) Any individual or entity may claim a horse by obtaining an open claiming license pursuant to (c) below.
(c) An applicant may obtain an open claiming license by complying with the following procedures:
1. The applicant shall file a completed license application on the form prescribed by the New Jersey Racing Commission and will be required to be fingerprinted and photographed at the discretion of the Commission. The applicant must pay for the costs of the fingerprint card checks consistent with the charge set by the reviewing agency, which provides the fingerprint card checks, according to the type of investigation requested2. The applicant shall deposit, with the Horsemen's Bookkeeper, an amount no less than the minimum claiming price, plus sales tax and any other application charges required at that race meet. Such amount shall remain on account until a claim is made. In the event the funds are withdrawn or withdrawn prior to completion of a claim, any license issued will be automatically revoked and terminated.
3. The applicant shall declare a trainer, currently licensed by the New Jersey Racing Commission, who will represent the new owner once a claim is made.
(d) Claiming privileges executed under this section shall be limited to one time during a race meet.
(e) Unless approval has been granted by the stewards to the contrary, the claimed horse must race back at that race meet.
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