PURPOSE: This rule sets forth rules for claiming races and claiming of horses.

1. (1) In claiming races, any horse is subject to claim for its entered price by any licensed owner in good standing or by the holder of a certificate of eligibility to claim. The procedure for obtaining a certificate of eligibility to claim shall be as follows:

   1. (A) Applicant, fifteen (15) days prior to entering a claim, shall submit an application for owner’s license, accompanied by a financial statement, a fingerprint card, the name of a licensed trainer or person eligible to be licensed as trainer, who will assume care and 12 CSR 50-70

responsibility for the horse claimed and the requisite fee for owners’ license; and

1. (B) This certificate will be valid for the remainder of the calendar year.

1. (2) A person shall not claim more than one
2. (1) horse in a race and the claim shall only be made for the account of the owner making the claim or for whom the claim was made by the agent.
3. (3) An authorized agent, although representing more than one (1) owner, shall not submit more than one (1) claim in any one (1) race.
4. (4) When a stable consists of horses owned by more than one (1) person and trained by the same trainer, not more than one (1) claim shall be entered on behalf of this stable in any one (1) race.
5. (5) Any horse that has been claimed, after the race has been run, shall be delivered to the claimant who must present written authorization for the claim from the racing secretary. Horses which are sent to the detention area for post race testing shall be delivered at that point; others are to be delivered in the paddock. No person shall refuse to deliver to the legally entitled person a horse claimed out of a claiming race and the horse in question shall be disqualified from further racing until delivery is made.
6. (6) Title to a claimed horse shall be vested in the successful claimant from the time the horse is a starter and the claimant shall become the owner of the horse whether it be alive or dead, sound or unsound or injured during the race or after it. A claimed horse shall run in the interest of and for the account of the owner from whom claimed.
7. (7) The stewards in their discretion may require any person making a claim for a horse in any claiming race to make affidavit in writing that s/he is claiming the horse for his/her own account, or as authorized agent, and not for any other person.
8. (8) 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; nor shall any person attempt by intimidation to prevent anyone from running a horse in any race; nor shall owners or trainers running horses in any claiming race make any agreement for the protection of each other’s horses against claims.
9. (9) A person shall not enter, or allow to be entered, in a claiming race, a horse against which any claim is held, either as a mortgage, bill of sale or lien of any kind unless when, or before entering the horse, the written consent of the holder of the claim is filed with the clerk of the course of the association conducting the race.
10. (10) A person shall not claim ownership in a horse after the horse has run in a claiming race in the name of another person, who at the time of the race, had peaceable and undisputed possession of the horse.
11. (11) A person shall not claim his/her own horse or cause his/her own horse to be claimed, directly or indirectly for his/her account.
12. (12) Owners having the same trainer are not permitted to claim any horses in the custody of that trainer, nor can any such horse be claimed for their account.
13. (13) If a horse is claimed, it shall not start in a claiming race for a period of thirty (30) days from date of claim (the day of claim shall not count), for less than twenty-five percent (25%) more than the amount for which it was claimed.
14. (14) If a horse is claimed, it shall not be sold or transferred to anyone, wholly or in part, except in a claiming race, for a period of sixty
15. (60) days from date of claim (the day of claim shall not count). Unless reclaimed, the horse shall not remain in the same stable or under control or management of its former owner or trainer for a like period, nor may it race outside of the state of Missouri for a period of sixty (60) days from the day of the claim (the day of the claim shall not count) or the end of the race meeting at which it was claimed, whichever is shorter, except to fulfill a previously committed stakes engagement.
16. (15) The claiming price of each horse in a claiming race shall be printed on the program and all claims for the horse shall be for the amount so designated. If more than one (1) claim is filed for the same horse, the disposition of the horse shall be determined by lot under the direction and supervision of the stewards.
17. (16) All claims shall be made in writing on a form provided by the association. It shall be properly made out, signed and enclosed in an envelope provided by the association. The envelope shall have no identification marked on it, but shall be marked with the number of the race for which the claim is being made. It shall be sealed and deposited in a timed lock box provided for this purpose by the association. Money shall not accompany the claim.
18. (17) All claims shall be deposited in the claiming box at least fifteen (15) minutes before post time of the race with respect to which the claim is made.
19. (18) The stewards or their designee shall open the claim envelopes for each race when the horses for the race enter the track on the way from the paddock to post. Then they shall ascertain from the horsemen’s bookkeeper whether or not the proper credit balance has been established with the association.
20. (19) If the stewards, after the running of a race, are of the opinion that the lease or the entry of a horse was not made in good faith, but was made for the purpose of obtaining the privilege of entering a claim, then in each case they shall disallow or cancel any claim and offer the return of a horse that shall have been delivered and refer the case to the commission for further action.
21. (20) All horses claimed in other states and racing here shall be subject to the conditions of the claiming rule in the state where the claim was made.
22. (21) A member of a partnership shall claim only for the partnership, unless s/he has started a horse entirely owned by him/herself, at which time s/he may claim for him/herself.
23. (22) 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.
24. (23) If the stewards determine that a horse was improperly entered in a claiming race, they may void a claim of the horse and order the claiming monies, including all taxes, refunded to the original owner through the clerk of the course, the horsemen’s bookkeeper or otherwise.

AUTHORITY: section 313.540, RSMo 1986.* Original rule filed Oct. 16, 1986, effective Feb. 12, 1987.

*Original authority: 313.540, RSMo 1986.