In the event there are two tiers of horses, the withdrawing of a horse that has drawn or earned a position in the front tier shall not affect the position of the horses that have drawn or earned positions in the second tier. Whenever a horse is withdrawn from any tier horses in their tier move in to fill up the vacancy. Should the second tier consist of one horse, that horse may start from any position in the second tier. Should the second tier consist of two or more horses, each horse must start from his drawn post position.
N.J. Admin. Code § 13:71-17.3
See: 11 New Jersey Register 352(a), 11 New Jersey Register 522(b).