1. (a) At the time of entry into a claiming race, the owner may opt to declare a horse ineligible to be claimed, provided:

   1. (1) The horse has been laid off and has not started for a minimum of 120 days since its last race, and
   2. (2) The horse is entered for a claiming price equal to or greater than the price at which it last started.
2. (b) Failure to declare the horse ineligible at the time of entry may not be remedied.
3. (c) Ineligibility shall apply to the first start following each such layoff.

4. (d) Ineligibility may apply to a second consecutive start following each such layoff, provided:

   1. (1) The horse was declared ineligible in the first start following the layoff;
   2. (2) The horse did not win in its first start following the layoff;
   3. (3) The horse did not change majority ownership after its first start following the layoff; and
   4. (4) The provision in subsection (a)(2) still applies.

Note: Authority cited: Sections 19420 and 19440, Business and Professions Code. Reference: Sections 19408.2 and 19562, Business and Professions Code.

History

1. New section filed 8-21-2008; operative 9-20-2008 (Register 2008, No. 34).

2. Amendment of subsections (a)-(a)(1) and (c) and new subsections (d)-(d)(4) filed 1-22-2025; operative 4-1-2025 (Register 2025, No. 4).