SECTION 325:25-1-6. Determining eligibility

(a)   Determination of a horse's eligibility, penalty or penalties and the right to allowance or allowances for all races shall be from the date of the horse's last race unless the conditions specify otherwise. The Trainer is responsible for the eligibility of his/her horse and to properly enter his/her horse in condition. In the event the records of the Racing Secretary or the appropriate breed registry do not reflect the horse's most recent starts, the Trainer or Owner shall accurately provide such information. If a horse is not eligible under the first condition of any race, it cannot be eligible under subsequent conditions. If the conditions specify non-winners of a certain amount, it means that the horse has not won a race in which the winner's share was the specified amount or more. If the conditions specify non-earners of a stated amount, it means that the horse has not earned that stated amount in any total number of races regardless of the horse's placing.

(b)   Disqualification:

(1)   When the Commission receives an official testing laboratory report of a Positive Test or Overage for a winner of a race that requires a disqualification, change in the order of finish and redistribution of the purse, the horse in question shall maintain the win in past performance records and carry the penalty of a win when determining eligibility for entry in a subsequent race. This horse's condition and eligibility shall remain in effect until the Stewards issue a ruling disqualifying the aforementioned horse and order a redistribution of the purse.

(2)   The second place horse shall not carry the win in past performance records nor shall the second place horse carry the win in determining eligibility for entry in a subsequent race until the Stewards issue a ruling disqualifying the winner, change the order of finish and order a redistribution of the purse.

(3)   Should the aforementioned ruling be appealed, the disqualification, change in the order of finish and purse redistribution is stayed until final adjudication; and the winner must carry the win and the second place horse is not penalized for the condition.

[Source: Amended at 36 Ok Reg 1454, eff 9-14-19]