Posted by Steve – January 19th, 2011 |
Summary of Notice of Decision concerning the official ApHC Registration Protest and Hearing of 2010 foal out of a Regular (#) ApHC-registered dam, and by an AQHA/APHA dual-registered stallion.
The ApHC conducted a hearing on Thursday, December 16, 2010, concerning an official Registration Protest by which the registration status of a 2010 foal (subject horse) out of a Regular (#) classified, ApHC-registered Appaloosa dam, and by an American Quarter Horse Association (AQHA) registered sire was protested under ApHC Rule 269 of the 2010 Official Handbook of the ApHC and other applicable ApHC Rules. The protest alleged, in part, that the subject horse is ineligible for ApHC-registration due to his sire being dual-registered with the American Paint Horse Association, and pursuant to ApHC Rule 205.B. Which states, “No horse shall be registered with the ApHC that has draft, pony, Pinto or Paint breeding.”
The ApHC Registrar, considered the testimony of the witnesses and the hearing record including but not limited to:
1. Rules and regulations relevant to this matter contained in the Official Handbook of the Appaloosa Horse Club in full force and effect beginning January 1, 2010.
2. ApHC records relevant to this matter as maintained by the ApHC in the regular course of conduct of its business.
All APHC registration requirements were satisfied prior to the horse being ApHC-registered and shown in ApHC-approved and/or sponsored events. The sire of the subject horse does not exhibit undesirable/excess white to make the horse ineligible for ApHC breeding purposes. The subject horse does not exhibit undesirable/excess white to make the horse ineligible for ApHC-registration or exhibition.
3. ApHC, AQHA, and APHA-Registration history, background and practice relevant to this matter and as historically and customarily applied in the ApHC’s reviews of ApHC registration applications.
The registration procedure followed by the ApHC has been to consistently allow dual AQHA/APHA-registered horses to be used as ApHC breeding animals, and resulting Appaloosa foals have been eligible for ApHC-registration as long as all other requirements for ApHC-registration were met.
4. A brief discussion of genetics relevant to this matter.
The discussion on genetics contained in the Notice of Decision illustrates the point that excess/undesirable white markings are not evidence of Paint breeding in an AQHA-registered horse; rather, that undesirable/excess white markings are commonly present for genetic reasons in horses other than Paint horses.
5. Pedigree of the subject horse.
The sire of the subject horse is dual-registered with AQHA and APHA. His sire, (the subject foal’s grandsire) and his dam, (the subject foal’s granddam) are dual-registered with AQHA and APHA. The dual-registration statuses on the top side of the subject foal’s pedigree are evident only of APHA-registration; they are not evident of Paint breeding. There is no persuasive evidence that the subject horse has Paint breeding.
6. Legal Considerations.
For the ApHC Registrar, in this case, to part with past custom and practice in the interpretation and application of its registration rules could subject the ApHC to the claim that it had acted arbitrarily and, therefore, unreasonably, thus giving further cause for a potential restraint of trade claim against it.
The dam of the subject foal is an ApHC-registered Appaloosa classified as Regular (#), making her eligible for ApHC breeding purposes under ApHC Rule 204.
The sire of the subject foal is registered with AQHA and does not have an undesirable white notation on his AQHA Certificate of Registration, making him eligible for ApHC breeding purposes under ApHC Rule 204.
All ApHC-registration requirements according to the 2010 Official Handbook of the ApHC were met. The subject foal was parentage verified by DNA genetic testing, met all other ApHC-registration requirements and was properly registered by the ApHC as a Non-Characteristic (N) Appaloosa in accordance with ApHC rules and regulations contained in the 2010 Official Handbook of the ApHC and customary registration practices of the ApHC consistently applied and without mistakes. There is no persuasive evidence that the subject horse has Paint breeding.
The subject protest of the ApHC-registration status of the foal as a Non-Characteristic (N) Appaloosa is hereby denied.