REG101. Assignment of Burden of Persuasion for Registration Eligibility


REG101. Assignment of Burden of Persuasion for Registration Eligibility. In all proceedings concerned with or affecting the registrations and records of AQHA, and in all disciplinary actions, the burden of resolving any doubt as to the true parentage, identification of a horse or qualification for registration shall be upon the applicant, owner, lessee or other member or members involved. The determination, decision and action of the Executive Committee upon all such questions shall be final and binding upon all parties. As the above specified party or parties have the burden of persuasion, by failure to present relevant evidence concerning such questions to AQHA or at a hearing scheduled to resolve the question, they shall be deemed to have waived their right to later present such evidence to a court of law, if they seek judicial review of AQHA’s action.

  • REG101.1 Burden of Persuasion. The burden of persuasion of a controverted registration fact is that amount of evidence admissible under AQHA’s rules pertaining to disciplinary procedure, which will convince an ordinary prudent person.
  • REG101.2 Parentage Testing. Genetic tests may be required as the Executive Committee determines, including, but not limited to, questions of true parentage or identification of horses. Taking into consideration the results of such tests, and other information as may be available, the Executive Committee may authorize such corrections in the records as may be determined necessary or appropriate.
  • REG101.3 Conditional Issuance. The certificate evidencing registration is issued on the following condition, which shall be printed on the face thereof: “The certificate is issued in reliance on the written application signed and attested by the individual specified by AQHA rules; and upon the express condition that AQHA has the privilege to correct and/or cancel the certificate for cause under its rules and regulations.”
  • REG101.4 Registration of Offspring. In order to protect innocent, third party owners of offspring that are the product of breedings of previously eligible parents taking place prior to date of cancellation of the registration certificate of a parent or parents, such offspring are eligible for registration; however, a previously issued registration certificate shall be recalled to designate the pedigree behind the cancelled parents as “unknown.”