Current through Register Vol. XLI, No. 50, December 13, 2024
Section 178-1-41 - Declarations and Scratches41.1. Declarations. The following provisions apply to declarations: 41.1.a. A declaration is the act of withdrawing an entered horse from a race prior to the closing of entries.41.1.b. The declaration of a horse from a race is irrevocable.41.1.c. If the miscarriage of any declaration by mail or otherwise is alleged, satisfactory proof of the miscarriage is required of the complainant. Otherwise, the declaration shall not be accepted.41.2. Scratches. The following provisions apply to scratches: 41.2.a. A scratch is the act of withdrawing an entered horse from a contest after the closing of entries.41.2.b. A scratch of a horse from a race is irrevocable.41.2.c. No horse shall be considered to be scratched from a race until the trainer or his or her designee notifies the association's racing secretary within the prescribed time period established by the association.41.2.d. Scratches from stakes races shall close four (4) hours before post time for that race, unless otherwise approved by the stewards.41.2.e. No horse in an overnight race shall be scratched without the approval of the stewards.41.2.f. A recommendation from a Racing Commission veterinarian to scratch a horse shall be given to the stewards and shall be used only as an aid in determining whether a scratch shall be approved.41.2.g. A horse which has been scratched, or excused from starting by the stewards, because of a sickness will be permitted to run following the expiration of five (5) days after such horse was scratched or excused and the horse has been removed from the veterinarians' list by a Racing Commission veterinarian.W. Va. Code R. § 178-1-41