A.
After consideration of the reports, records, and statistics published by the
Daily Racing Form and other racing statistical publications, the stewards shall
determine eligibility, penalties, and allowances. The owner and trainer of a
horse shall ensure that the horse is eligible and carries the correct
weight.
B.Penalties and allowances
are not cumulative unless the racing secretary declares penalties and
allowances to be cumulative by the conditions of the race. Penalties and
allowances take effect at the time a race starts except that in an overnight
event, a horse shall have only the allowance to which it was entitled at the
time of entry.
C.Penalties are
obligatory. Allowances are optional in whole or in part. In an overnight event,
if an allowance is claimed, a horse's owner or trainer shall claim the
allowance at the time of entry.
D.
The stewards shall not disqualify a horse if the failure of the horse's owner
or trainer to claim a weight allowance results from an omission made by the
racing secretary on the overnight listing of races. If an owner or trainer
claims a weight allowance to which a horse is not entitled, the stewards shall
disqualify the horse only if the incorrect weight is carried in the race. The
Department shall subject a person who claims a weight allowance to which the
person's horse is not entitled to discipline authorized under A.R.S. §
5-108.05.
E. The stewards shall ensure that a horse
does not receive a weight allowance or is not relieved from a weight penalty as
a result of having lost one or more races. This Section does not prohibit a
maiden allowance or an allowance to a horse that has not won a race within a
specified period or a race of a specified value.
F. The stewards shall ensure that a horse:
1. Does not incur a weight penalty for
placing in a race from which the horse is disqualified;
2. Incurs a weight penalty if the horse
places as a result of the disqualification of another horse ; and
3. Is not disqualified for failing to take a
weight penalty in a race if the penalty results from the horse placing in a
previous race after the race to which the weight penalty would be applicable is
run.
G. The stewards
shall ensure that when a race is in dispute, both the horse that finished first
and any horse claiming to have finished first incur the weight penalty that
attaches to the winner of the race until the matter is decided.
H. The stewards shall consider a horse that
starts for a claiming price in optional or combination races to have started in
a claiming race.
I. When the
conditions of a race indicate the race is to be run under "scale weights" or
"weights for age," the stewards shall ensure that the race is run under the
scale approved by the Department.
J. The stewards shall ensure that in races of
intermediate length, all horses carry weights for the shorter distances
K.In all races except handicap
races and races in which conditions expressly provide otherwise:
1. Two-year-old fillies are allowed three
pounds,
2. Fillies and mares that
are 3 years old and older are allowed five pounds from January 1 through August
31 and three pounds from September 1 through December 31; and
3. The provisions of subsections (K)(1) and
(2) do not apply to quarter horse fillies and mares.
L. The racing secretary may write races either above or below
the scale, in the racing secretary's discretion; provided that:
1.
Not more than 10 pounds shall be deducted from the
scale of weights for age with the exception of allowances in overnight
races.
2.
The total allowances of any type shall not reduce
the lowest weights below 100 pounds in any race.
3.
The provisions of subsection (L)(1) of this Section
shall not apply to handicap races.
4.
The provisions of subsection (L)(2) of this Section
shall not apply to 2-year-olds racing with older horses.
M. Starter allowance
eligibility conditions.
1.
A horse shall have started in a claiming race, or in
an optional claiming race to be claimed, in order to establish eligibility in a
starter allowance race.
2.
In addition to the provisions of subsection (M)(1)
of this Section, to be eligible for a starter allowance a horse
shall:
a.
Have started for the claiming price designated in
the conditions of the race or have started for a price less than that claiming
race.
b.
Not have won for a price higher than that designated
in the conditions of the race since last starting for that price or for less
than that price.
c.
Not have won a race other than a claiming race since
last starting for the claiming price designated in the conditions of the race
or for less than that price.
3.
A horse claimed in a claiming race must subsequently
start for a claiming price to establish new eligibility for a starter allowance
race.
4.
Eligibility for a starter allowance race remains
unchanged following a private sale.