23 CAR § 357-409 – Preferred and also-eligible lists

(a)
1. (1) The Racing Secretary shall keep a list of all horses excluded from races because of too many entries, and horses on such list are to have preference in any race in which they may afterwards be entered in accordance with the regulations adopted by the Racing Secretary for the race meeting.
2. (2) This shall be known as the preferred list.
(b) The Racing Secretary may, in his or her sole discretion, decide for any race meeting whether or not there shall be an also-eligible list.
(c)
1. (1) If more than twelve (12) horses are entered for any purse race, a list of names not to exceed six (6) may be drawn in order of preference from the overflow entries and listed as eligible to start, if originally carded horse or horses are excused from the race.
2. (2) The owner or trainer of any horse on the also-eligible list shall, if he or she does not intend to start, so notify the Racing Secretary not later than scratch time.
(d) If the entries in a race exceed eighteen (18) and the also-eligible list is being used, then those in excess of eighteen (18) not drawn automatically go on the preferred list.
(e) If the also-eligible list is not being used, all horses in excess of twelve (12) not so drawn as eligible, or also eligible, automatically go on the preferred list.
(f) Division of the preferred list with regard to claiming price and/or to distance shall be made at the discretion of the Racing Secretary, but whichever system is adopted shall be maintained for the entire race meeting.
(g) The name of no horse shall be placed on the preferred list if the owner thereof did not accept when presented the opportunity of starting.
(h) Horses whose names appear in the entries and have an opportunity to start, excepting horses entered in sweepstakes, will be given no consideration whatsoever should they be entered for the following day and the race overfill.
(i) A copy of the preferred list will be posted each day by 7:00 a.m., and any claim of error must be made by 12:00 noon of that same day.
(j)
1. (1) In entering horses on the preferred list, a claim of preference must be made at time of entry and noted on the entry, or the preference shall be lost.
2. (2) No claim of error will be considered by the stewards if the person making the claim has signed an entry not marked in keeping with this subsection.