Section 294-9.004 - PENALTIES AND ALLOWANCES9.004.01 Penalties and allowances are not cumulative, unless so declared by the conditions of the race, and shall take effect at the time of starting, except that in overnight events a horse shall have only the allowance to which it was entitled at the time of entry.9.004.02 Penalties are obligatory. Allowances are optional as to all or any part thereof, and in overnight events must be claimed at the time of entry.9.004.03 Allowances to the produce of untried horses shall be claimed before the expiration of the time for naming, and shall not be lost by winning after that time.9.004.04 No horse shall receive allowance of weight nor be relieved from extra weight for having been beaten in one or more races, but this rule shall not prohibit maiden allowance or allowances to horses that have not won a race within a specified period or a race of specified value.9.004.05 Failure to claim a weight allowance by oversight or omission is not cause of disqualification. Claims of weight allowance to which a horse is not entitled shall not disqualify unless such incorrect weight is carried in the race. However, a fine may be imposed upon the person claiming allowance to which a horse is not entitled.9.004.06 Daily Racing Form and Equibase charts and past performances, and all official or recognized reports, records, and statistics concerning races at recognized meets shall be considered in determination of eligibility and penalties and allowances of weight. The owner and trainer shall be responsible for eligibility and correct weight assignment. The owner and trainer shall be responsible for disclosure at or prior to time of entry, any past performances affecting the eligibility, or penalties or allowances of weight, if such past performances are not disclosed on an official win record that is a part of, or is attached to, the foal registration certificate.
9.004.07 No horse shall incur a weight penalty for placement from which he is disqualified, but a horse placed through the disqualification of another horse shall incur the weight penalties of that placement. No such placement shall make a horse ineligible to a race which has already been run.9.004.08 When a race is in dispute, both the horse that finished first and any horse claiming the race shall be liable to all penalties attached to the winner of that race until the matter is decided.9.004.09 Races written to be run under "Scale of Weights or Weight for Age" shall be run under the weights as provided for in the Scale of Weights Chart appearing in this book. (See Chapter 20.001.01.)9.004.10 It shall be within the power of the racing secretary to write races either above or below scale as he may see fit.294 Neb. Admin. Code, ch. 9, § 294-9.004