(1) At the time of entry, the owner, trainer, or if designated, the jockey agent, may opt to declare a horse ineligible to be claimed provided: The horse has been laid off and has not started in a race for a minimum of one hundred days and is entered for a claiming price equal to or greater than the price at which the horse last started. For counting purposes the day following the horses last race will count as day one. The horse is eligible to start on day one hundred one.

(2) Failure to declare the horse ineligible to be claimed at the time of entry may not be remedied.

(3) A horse that enters a claiming race and is declared ineligible to be claimed in such race, cannot consider that race for eligibility in a starter's allowance race.