1. (a) “Entry” shall mean according to the requirements of the test:

   1. (1) A horse made eligible to run in a race; or

   2. (2)

      1. (A) Two (2) or more horses that are entered or run in a race and are coupled because of common ties.
      2. (B) However, there shall be no coupling because of same-owner common ties in stakes races, maiden special weight races, or allowance races (excluding starter allowance races), and each such horse shall run as a separate betting interest.
      3. (C) Horses in claiming races with a claiming price of twenty thousand dollars ($20,000) or greater may run as separate betting interests if approved by the Racing Secretary in coordination with the stewards.
      4. (D) Furthermore, in any race where two (2) or more horses owned by different owners but trained by the same trainer are entered to run in the race, the horses may run in said race as separate betting interests if approved by the Racing Secretary in coordination with the stewards.
      5. (E) In races that overfill, the trainer or trainers (in accordance with instructions from the owner) must declare a preference of runners with same owner/common ties at time of entry, and same owner/common ties second-choice horses shall be least preferred.
2. (b) A horse shall not be qualified to start in any race unless he or she has been and continues to be properly entered therein.
3. (c) For all races, the Racing Secretary is the person authorized to receive entries and declarations.
4. (d) Entries and declarations shall be made in writing and signed by the owner of the horse or by the owner's authorized agent or some person deputed by the owner, and each franchise holder shall provide blank forms on which entries and declarations are to be made.

5. (e)

   1. (1) The Racing Secretary may also allow entries to be made by telephone or other electronic means in a manner and form acceptable to the Racing Secretary.
   2. (2) Entries may not be made via text messages to the personal phone of any racing office employee.
6. (f) Any person having a recorded interest in a horse may enter that horse unless prohibited by the terms of the partnership papers registered with the Arkansas Racing Commission.

7. (g)

   1. (1) Joint subscriptions and entries may be made by any one or more of the owners.
   2. (2) However, all partners and each of them shall be jointly and separately liable for all fees and forfeits.
8. (h) The Racing Secretary may call upon an owner or trainer for any proof of the eligibility of any entered horse or of any horse offered for entry, and in default of such proof may decline to accept the entry.

9. (i)

   1. (1) The entries of any person, or the transfer of any entry, may be refused with or without either notice or reason being given therefor.

   2. (2)

      1. (A) The franchise holder, with permission from the stewards, shall have the right to refuse the acceptance of any nomination to any stakes race, and to revoke any previously accepted nomination, for any reason.
      2. (B) If a nomination is denied or revoked, all nomination fees tendered or paid with respect to the horse for its nomination for such race shall be returned to the owner of the horse whose nomination was denied or revoked.
      3. (C) Denial or refusal to allow a horse to enter or start because of a race being postponed or cancelled, overfill of entries, failure to satisfy any eligibility condition, scratch by stewards for horse’s actions in paddock, during warm-up, or in starting gate (including breaking through the gate), scratch by stewards on advice of the Track Veterinarian, or scratch by stewards for violation of any other rule, shall not be grounds for refund of any nomination fee.
10. (j) No horse shall be allowed to enter or start in any flat race unless duly registered and named at the Registry Office of The Jockey Club (New York).

11. (k)

    1. (1) No horse shall be allowed to start unless the registration papers are on file with the Racing Secretary.
    2. (2) For horses running in stakes and allowance races, the stewards may waive this requirement, provided the horse can be positively identified by the identifier.

12. (l)

    1. (1) If a horse's name is changed, the horse's new name shall be registered with The Jockey Club (New York).
    2. (2) The horse's old name, as well as the horse's new name, must be given in every entry list until the horse has run three (3) races.
    3. (3) Both names must be printed on the official program for those three (3) races.

13. (m)

    1. (1) At the time of entry of a horse starting for the first time, a certificate of registration shall be required by the Racing Secretary.

    2. (2)

       1. (A) No horse shall be entered or started unless in the care, custody, and complete control of the licensed registered trainer.
       2. (B) Program trainers are not permitted.
    3. (3) No horse shall be permitted to start that has not been fully identified.

    4. (4)

       1. (A) No horse shall be allowed to race unless the horse has been lip-tattooed, microchipped, and/or digitally tattooed in conformity with T.R.P.B. protocols or other manner approved by the stewards which properly identifies the horse.
       2. (B) For good cause, the stewards or the identifier may waive this requirement if the horse is otherwise properly identified.
       3. (C) However, the horse shall be tattooed, microchipped, and/or digitally tattooed as set forth above thereafter within such time as set by the stewards.
    5. (5) Any person attempting to establish the identity of a horse or the horse's ownership shall be held to account, the same as the owner, and shall be subject to the same penalty in case of fraud or attempted fraud.

14. (n)

    1. (1) No horse shall be permitted to enter unless stabled on the grounds of the franchise holder, except with the permission of the Racing Secretary.
    2. (2) No horse shall be permitted to start unless the horse has been stabled on the grounds of the franchise holder for at least seventy-two (72) hours immediately prior to the race, except with the permission of the Racing Secretary.
15. (o) No horse shall be permitted to start whose name and true ownership is not registered with the Racing Secretary.
16. (p) All ownerships in a horse, except a trainer's percentage of his or her winnings, shall be filed with the Racing Secretary before the horse shall start, as also shall every change in ownership thereafter during the race meeting.
17. (q) No horse may be entered in two (2) or more races scheduled to run on the same day unless all of the races into which the horse is entered for such day are stakes races.
18. (r) To compete in a race, a horse must be eligible at the time of starting that race.
19. (s) A horse shall not be qualified to be entered or to start in any race if owned in whole or in part, or if under the management, directly or indirectly, of a disqualified or ineligible person.

20. (t)

    1. (1) If an entry from any disqualified person or a disqualified horse is received, such entry shall be void and any money paid for such entry shall be returned, if the disqualification is disclosed forty-five (45) minutes before post time for the race.
    2. (2) Otherwise, any such money shall be paid to the winner.
21. (u) No entry shall be accepted from husband or wife while either is disqualified.
22. (v) No horse on the schooling list shall be qualified to be entered or to start.
23. (w) No horse on the Official Starter’s or veterinarian’s list shall be allowed to start.
24. (x) If a horse is sold to a disqualified person, said horse's racing engagements shall be void as of the date of sale.
25. (y) No horse shall be allowed to enter or to start in any race if the owner of that horse is in arrears, except with the approval of the stewards.

26. (z)

    1. (1) In divided races, the starters in the separate divisions shall be determined by the Racing Secretary, provided, however, when it is determined that an overnight handicap will be divided, the event must be divided by listing the entries consecutively according to weights assigned, and assigning entries to each division from high weights to low weights.
    2. (2) No entry will be permitted to start in one division to the exclusion of a single entry regardless of the type of conditions of any overnight race.
    3. (3) However, an entry may be split into each division of the divided race and be treated as separate single entries.
    4. (4) All divided races will be considered separate races.

27. (aa)

    1. (1) Entries in claiming races may be accepted for not more than two (2) horses, whether they are owned by the same or different interests.
    2. (2) At the time of entry, a preference must be made to the end that each interest may have an entry in each division should the race be divided.

28. (bb) In making multiple entries to purse races, trainers and owners must signify a preference.

    1. (cc) The franchise holder shall have the right to withdraw or change any unclosed race.

       1. (dd) If a race is declared off because of insufficient entries, the franchise holder may split any overnight race that may have closed, and cause a new drawing for post positions.
29. (ee) An entry in a sweepstakes is a subscription and cannot be withdrawn.
30. (ff) If a horse is excused from the race by the stewards before off time, the starting fee shall be refunded.

31. (gg)

    1. (1) If a horse is locked in the gate and if the conditions of that race include fees of any kind (nominating or starting), such fees, together with the jockey fees, shall be returned to the owner of any horse so prevented from participating in that race.
    2. (2) If for any reason a race is not run, said fees shall be returned to the owners.

32. (hh) The nominator is liable for the entrance money or stake, and the death of an entered horse or a mistake in his or her entry (if eligible) shall not release the nominator or transfer from such liability, nor shall the entrance money or stake of an eligible horse to any race which is run off be returnable for the entry's failure to start for any cause.

    1. (ii)
    2. (1) Except in a match race, no entry, subscription, or right of entry under it shall become void on the death of the nominator or subscribed.
    3. (2) Such rights shall follow the horse.

33. (jj)

    1. (1) Entries shall be closed at an established time.
    2. (2) The Racing Secretary, however, may postpone the closing of entries for any day's racing schedule, with the approval of the stewards.

34. (kk) The franchise holder, through its Racing Secretary, shall establish the time of closing of entries, subject to the approval of the commission.

    1. (ll)
    2. (1) In the absence of notice to the contrary, entrance and declarations for sweepstakes, which close during or on the eve of a race meeting, close at the office of the Racing Secretary, who shall make provision therefor.

    3. (2) Closing at all other times for sweepstakes shall be at the office of the franchise holder.

       1. (mm) Except in overnight races, if the hour for closing of entries or for declarations is not stated, it is understood to be midnight at the close of the day specified.
35. (nn) Nominations for stakes races shall be valid if received or postmarked before midnight on the established day of closing of nominations as printed in the condition of the stakes.
36. (oo) If a miscarriage of any nomination or declaration in a stakes race is claimed, satisfactory proof that it was mailed or telegraphed must be presented within a reasonable time, or such evidence will not be considered.
37. (pp) Entries that have closed shall be compiled without delay by the Racing Secretary and conspicuously posted.

38. (qq)

    1. (1)

       1. (A) The maximum number of starters in any race shall be limited to the number of starting positions afforded by the association starting gate and extensions thereof.
       2. (B) The maximum number of starters shall further be limited by the number of horses that, in the opinion of the stewards, considering the safety of the horses and riders, can be afforded a fair and equal start.
       3. (C) A fully paid entry in a stakes race, when denied the opportunity of starting because the number of entries exceeds the capacity of the starting gate and extensions thereof, will be entitled to refund of nomination and/or entry fee.

    2. (2)

       1. (A) In handicaps (stakes and overnights), preference will be given to high weights.
       2. (B) In allowance stakes, if the number of entries exceeds the limitations of the starting gate and extensions thereof, preference will be given to horses that have accumulated the highest earnings, excluding earnings won in restricted races.

       3. (C) For the purpose of this preference, a restricted race shall mean a:

          1. (i) State bred race. A race where entries are restricted to horses qualifying under state breeding programs; or
          2. (ii)
39. (a) (a) Sales restricted race. A race where entries are restricted by origin of purchase.

40. (b) (b) On restricted stakes races for Arkansas-breds, total earnings in either open or restricted races will determine preference to start.

    1. (3) In the event part or all of a purse for a race is sponsored and provided by a party other than the franchise holder, the conditions imposed on the race by the sponsor for the selection of starters and the distribution of that part of the purse provided by the third party for the sponsored race shall supersede any contrary provisions of this part, if approved by the commission.

41. (rr)

    1. (1) In a purse race, twelve (12) horses only will be drawn to compete.
    2. (2) See 23 CAR § 357-409 for disposition of excess entries.

42. (ss) Purse distribution for each race shall be paid on the following basis:

    1. (1) Stakes races.

       1. (A) In stakes races, two and five-tenths percent (2.5%) of the purse shall be paid with respect to each of the official starters sixth through last in the final race result, and the balance of the purse shall be paid:

          1. (i) Winner, sixty percent (60%);
          2. (ii) Place, twenty percent (20%);
          3. (iii) Show, ten percent (10%);
          4. (iv) Fourth, six percent (6%); and
          5. (v) Fifth, four percent (4%).

       2. (B) For example, in a stakes race with twelve (12) official starters and a two-hundred-thousand-dollar purse:

          1. (i) Sixth through twelfth would each receive five thousand dollars ($5,000), i.e., two and five-tenths percent (2.5%) each, for a total of thirty-five thousand dollars ($35,000); and
          2. (ii) The remaining one hundred sixty-five thousand dollars ($165,000) would then be paid out:
43. (a) (a) Sixty percent (60%) (ninety-nine thousand dollars ($99,000)) to the winner;

44. (b) (b) Twenty percent (20%) (thirty-three thousand dollars ($33,000)) to second;

    1. (c) (c) Ten percent (10%) (sixteen thousand five hundred dollars ($16,500)) to third;

       1. (d) (d) Six percent (6%) (nine thousand nine hundred dollars ($9,900)) to fourth; and

45. (e) (e) Four percent (4%) (six thousand six hundred dollars ($6,600)) to fifth.

    1. (C) If there are only five (5) official starters in the stakes race, the purse shall be paid:

       1. (i) Winner, sixty percent (60%);

          1. (ii) Place, twenty percent (20%);
          2. (iii) Show, ten percent (10%);
          3. (iv) Fourth, six percent (6%); and
          4. (v) Fifth, four percent (4%).
       2. (D) If there are fewer than five (5) official starters in the stakes race, the purse shall be paid in accordance with the specified percentages in the immediately preceding sentence above, and the balance of the purse for the race shall revert to the purse fund; and

    2. (2) Nonstakes races.

       1. (A) In all other races, i.e., nonstakes races, purse distribution shall be paid:

          1. (i) Winner, sixty percent (60%);
          2. (ii) Place, twenty percent (20%);
          3. (iii) Show, ten percent (10%);
          4. (iv) Fourth, five percent (5%); and
          5. (v) The remaining five percent (5%), divided and paid equally among the other official starters in the race, i.e., fifth through last.

       2. (B) However, if there are only five (5) official starters in the nonstakes race, the purse shall be paid:

          1. (i) Winner, sixty percent (60%);
          2. (ii) Place, twenty percent (20%);
          3. (iii) Show, ten percent (10%);
          4. (iv) Fourth, six percent (6%); and
          5. (v) Fifth, four percent (4%).
       3. (C) If there are fewer than five (5) official starters in the nonstakes race, the purse shall be paid in accordance with the specified percentages in the immediately preceding sentence above, and the balance of the purse for the race shall revert to the purse fund.
46. (tt) No alterations shall be made in any entry after the closing of entries, but an error may be corrected.

47. (uu) Any horse that has been excused from starting on account of sickness or physical disability will not be allowed to run for ten (10) days after such excuse.

    1. (vv)
    2. (1) Any horse that has been the subject of fraudulent practice may be disqualified by the stewards for no longer period than the duration of the meeting.

    3. (2)

       1. (A) Any horse exhibiting a positive response to a test for the presence of any clenbuterol or other beta-2 agonists, or antibodies of any blood doping agent, including, but not limited to erythropoietin, darbepoetin, oxyglobin, and Hemopure, (a “blood doping agent”) shall be ineligible to start or race until the owner or trainer, at his or her own expense, provides proof, in a form and substance acceptable to the stewards, of a subsequent negative test result for the presence of clenbuterol or other beta-2 agonists and antibodies of blood doping agents from a laboratory approved by the commission, provided any such test sample and test must be obtained and conducted under collection and test procedures acceptable to the Commission Veterinarian.
       2. (B) The beta-2 agonists and blood doping agents to be tested for shall include clenbuterol, erythropoietin, darbepoetin, oxyglobin, Hemopure, and such other beta-2 agonists and blood doping agents determined from time to time by the Commission Veterinarian.
    4. (3) Notwithstanding any inconsistent provision of this part, the trainer of the horse shall not be subject to application of the trainer’s responsibility penalty based solely on a finding by the laboratory that the beta-2 agonist or blood doping agent first detected in the initial positive test remains present in the horse in a subsequent sample taken from that horse for purposes of any subsequent test for beta-2 agonists and blood doping agents performed on the horse in an effort to determine the horse’s re-eligibility to start and race again pursuant to subdivision (vv)(2) of this section.

Codification Notes: “T.R.P.B.” means Thoroughbred Racing Protective Bureau.