Via TD Thornton
The New York State Gaming Commission (NYSGC) released a pure claim rule proposal Monday aimed at addressing invalidation of claims and ineligible potential claimants. conditions, establish procedures for addressing challenges to claims, and outline a specific procedure for custodial ponies if administrators discover a claimant has been ineligible.
The proposal was adopted by unanimous vote without discussion or debate among the members. The full text of the revised rules will now be published in the New York State Register. After a period of public comment, the NYSGC will convene again for a final vote on the measure.
In a summary included in the August 22 meeting package, NYSGC general counsel Edmund Burns explained the overall purpose of the proposed changes to the rules under section 4038.
Burns writes: “It is in everyone’s interest to have any objections to the claim and any order by the steward concerning the ownership of a horse to be raised and resolved as quickly as possible, so that custody of the horse can be determined immediately.
“This proposal would clarify the current practice that the track’s race secretary is responsible for verifying the eligibility of potential claimants and to proceed with batch-by-lot disposition of horses in the event of an accident. many requests,” Burns wrote.
“The proposal would establish a deadline of one hour after a race to oppose a claimed award is launched, in which case the curators would hear from the stakeholders on the same day and determine if dismiss the claim or not and then give it to one remaining qualified potential claimant, in batches if more than one qualified potential claimant remains.
Burns writes: “There will be no further appeal against the Commission as long as this process is followed, with the need for finality to determine custody and care of the horse.
“Similarly, under this proposal, if administrators discover, even without the rider’s objection, that a claim has been given to an ineligible claimant, the administrators Managers would need to act within 24 hours of the race in order to order Burns to write.
“The proposal would make it clear that a horse catcher who submits a potential claim despite being ineligible, and keeps track of the office worker charged with verifying eligibility who fails to do the right thing, could face with Commission discipline.
“The proposal would make it clear that the claim would be void for any horses that were scratched before the race started,” Burns wrote.
