163.254. Starting of claimed horses. For a period of 30 days after the claim, a claimed horse shall not start in a race in which the determining eligibility price is less than 25% more than the price at which it was claimed. The day claimed shall not count, but the following calendar day shall be the first day and the horse shall be entitled to enter whenever necessary so the horse may start on the 31st calendar day following the claim for any claiming price. This provision shall not apply to started handicaps in which the weight to be carried is assigned by the handicapper.
163.255. Sale and transfer of claimed horses. When 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 30 days from date of claim, nor shall it, unless reclaimed, remain in the same stable or under the control or management of its former owner or trainer for a like period. Further, it shall not race elsewhere until the end of the race season in progress or for a period 60 days, whichever shall first occur. The Commission shall have the authority to waive this rule upon application and demonstration that such waiver is in the best interest of horse racing in the Commonwealth of Pennsylvania.
163.256. Applicability of other rules. When a horse is claimed at a recognized meeting under provisions which are at variance with the provisions of this section, title to such horse shall be recognized in Pennsylvania to follow the rules of the meeting under which the claim was made, however, while racing in Pennsylvania, shall adhere to Rule XII.
163.262. Delivery of claimed horse.
(a) A horse claimed shall not be delivered by the original owner to the successful claimant until authorization shall be given by the Stewards, and every horse so claimed shall run in the interest and for the account of the owner who entered it in the race, but title to the claimed horse shall be vested in the successful claimant from time said horse becomes a Starter and said successful 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.
(b) Any trainer who claims a horse has the right to take that horse from the unsaddling area directly to the test barn, in the presence of an appropriate Commission employee, to have post race test samples taken. The prior trainer or his agent must accompany the horse until all samples are taken. The trainer who requested the test will pay for the test unless the test is required by this chapter. In the event that the test result is positive for any prohibited substance under section 163.302 et seq., the horse may be returned immediately to the seller, at the option of the claimant; in such case, all monies shall be returned to the claimant. (Effective January 1, 1987 per PSRC Commission December 16, 1986)
(c) No person shall refuse to deliver to the person illegally entitled thereto a horse claimed out of claiming race, and, furthermore, the horse in question shall be disqualified until delivery is made.
163.263. Interference with claiming races.
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 for which it is entered; nor shall any owner or trainer running a horse in any race for which it is entered; nor shall any owner or trainer running horses in any claiming race make any agreements for the protection of each other’s horses.
Verified Petition Seeking Waiver of 58 Pa. Code, 163.262 Relating to Rules for Claiming Races for Thoroughbred Race Horses: Petitioners’ request for Special Interim Relief in the form of a waiver and amendment of the Commission regulation at 58 Pa. Code, 163.262(a) is hereby GRANTED on an interim basis pending the outcome of aforesaid hearing of the State Horse Racing Commission and the Commission’s regulation at 58 Pa. code, 163.262(a) shall be waived and amended as follows:
- In the event a horse dies during a claiming race or is euthanized on the racetrack during a claiming race, any claim made on that horse will be declared void;
- In the event that a horse is vanned off the racetrack after a claiming race, that horse will be taken to the test barn for no longer than one (1) hour from post-time of the race. The successful claimant for such horse may declare the claim void at his/her election within one (1) hour of post-time of the race, except that the claim may not be declared void if the horse is vanned off the track due solely to heat stroke or bleeding from the nostrils, as determined by the track veterinarian. In the event the successful claimant exercises his/her discretion to declare the claim void, the horse will be returned to the custody of the original owner who entered the horse in the claiming race.