Sec. 09.10.04.15. Disputes, Protests

A. Penalties.

(1) Except as provided in §A(2) of this regulation, if a race is in dispute, both the horse or horses affected by the dispute, and the horse or horses against which the dispute is lodged, are subject to all penalties attaching to the highest position to which they may be entitled until the dispute is settled by the Commission.

(2) A horse against which a dispute is lodged is not subject to the penalties attaching to the highest position to which the horse may be entitled if:

(a) The horse is a registered thoroughbred;

(b) The dispute is the direct result of a positive finding of a prohibited drug in the urine or blood specimen of a horse, and:

(i) The positive finding is not challenged; or

(ii) A confirmatory test of the blood or urine specimen substantially confirms the positive finding; and

(c) The race is not a stake race.

B. Proof of the qualifications of a horse against which a protest has been lodged may be demanded by the stewards or judges.

C. If the owner or trainer of a horse against which a protest has been lodged fails to provide proof of those qualifications as demanded by the stewards or judges, the horse may be disqualified.