If the entries in an overnight race exceed the acceptable number, as many as six of those that have not been drawn shall also be listed on the entry sheet as "also eligible" to start. After any horses in the body of the race have been excused at scratch time, a new drawing shall be taken from horses on the also-eligible list, and their order of post position shall be determined by the sequence in which they are drawn. The owner or trainer of any horse on the also-eligible list who does not wish to start shall so notify the racing secretary prior to scratch time on the day of the race.
N.J. Admin. Code § 13:70-29.6