R 431.3165 Eligibility; allowances; penalties.

Rule 3165. (1) In determining eligibility, allowances, and penalties, only reports, records, and statistics as published by the official database of racing information and statistics, a corresponding publication of a foreign country, or sworn statements as specified in subrule (2) of this rule shall be considered, unless otherwise provided by the published conditions of the race. Interpretations of the conditions of a race when in dispute, shall be made by the racing secretary with approval of the stewards. (2) If during the previous calendar year, or if at any time for a maiden race, a horse has started in a race which is not reported by the official database of racing information and statistics, the horse shall not be entered to race until the owner has furnished the racing secretary, not less than 48 hours before the entry, performance records showing all of the following information: (a) Where and when the horse raced. (b) The distance. (c) The weight carried. (d) Amount earned. (e) The horse's finishing position and time. (f) The sworn statement and signature of the owner of the horse. (3) Penalties and allowances are not cumulative unless so declared by the conditions of the race and shall take effect at the time of starting, except that in overnight races, a horse shall have only the allowance it was entitled to at the time of entry. (4) Penalties are obligatory. Allowances are optional except filly and mare weight allowances. As to all or any part of the allowance thereof, and, in overnight races, allowances shall be claimed at the time of entry. (5) Allowances to the produce of untried horses shall be claimed before the expiration of the time of the naming and shall not be lost by winning after that time. (6) A horse shall not receive allowances of weight or be relieved from extra weight for having been beaten in 1 or more races, but this rule does not prohibit maiden allowances or allowances to horses that have not won a race within a specified period or a race of a specified value. (7) When a race is in dispute, both the horse that finished first and any horse for which the race is authoritatively claimed are liable to all penalties attached to the winning of that race until the matter is decided. (8) When winners of claiming races are exempt from penalties, the exemption shall apply to the winners of optional claiming races only if such winner was entered to be claimed. (9) For every handicap, the handicapper shall append to the weights the day and hour from which winners will be liable to a penalty, if any, and an alteration shall not be made after publication, except in case of omission through error of the name or weight of a horse entered. In case of such omission, and by permission of the stewards, the omission may be rectified by the handicapper. (10) Penalties shall not be recognized against horses, except maidens, or apply to jockeys in respect to the apprentice allowance, for winning races on minor tracks. In determining which tracks are minor tracks, the executive director may consider tracks that are not reported in the daily racing form or a corresponding publication of a foreign country.