Authority: IC 4-31-3-9

Affected: IC 4-31

Sec. 3. (a) Any owner may claim any horse subject to be claimed in flat racing in Indiana provided the owner:

1. (1) has started a horse at the current race meeting; or
2. (2) has been issued an open claiming certificate by the stewards.

(b) All quarter horses must have the required foal paperwork on file with the Indiana Grand racing office, to be subject to claim.

(c) The stewards shall issue an open claiming certificate to any person who:

1. (1) makes application for an owner's license;
2. (2) meets all requirements for the issuance of an owner's license;

3. (3) does not own, nor has a spouse who:

   1. (A) owns a horse who is eligible and able to race at Indiana Grand; or
   2. (B) has foal papers on file in the Indiana Grand racing office with respect to a horse eligible to race at Indiana Grand;
4. (4) has an agreement with a trainer licensed in Indiana to take charge of, care for, and train any horse claimed by the holder of the open claiming certificate; and
5. (5) has at a minimum, the amount of the claim and applicable taxes on deposit with the horsemen's bookkeeper.

(d) An open claiming certificate may not be issued to any person licensed as a trainer 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 an open claiming certificate, and the claim is being made by that entity.

(e) The open claiming certificate shall be valid for the calendar year in which it is issued or until the person to whom the open claiming certificate is issued executes a claim and becomes an owner of a horse through the use of the open claiming certificate, whichever period is shorter.

(f) An open claiming certificate shall not be effective until the next racing day following the date of approval by the stewards.

(g) The open claiming certificate shall be enclosed in the envelope provided for the purpose of claiming by the racing office.

(Indiana Horse Racing Commission; 71 IAC 6.5-1-3; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2862, eff Jul 1, 1995; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR- 071070030RFA; readopted filed Nov 26, 2013, 11:25 a.m.: 20131225-IR-071130345RFA; emergency rule filed Jun 10, 2016, 11:11 a.m.: 20160615-IR-071160257ERA; emergency rule filed Apr 18, 2017, 12:54 p.m.: 20170426-IR-071170215ERA; emergency rule filed Mar 15, 2019, 2:42 p.m.: 20190320-IR-071190167ERA; emergency rule filed Dec 5, 2019, 1:56 p.m.: 20191211-IR-071190646ERA; readopted filed Apr 20, 2023, 3:49 p.m.: 20230517-IR-071230071RFA; readopted filed Aug 3, 2023, 12:49 p.m.: 20230830-IR-071230428RFA)