(a) Where a protest is made prior to a race, and the judges find satisfactory evidence to warrant excluding a horse, such horse shall be scratched unless the owner thereof in good faith requests that the horse start under protest and waives any right of reimbursement against the track under section 4121.20 of this Part, in the event the commission should thereafter make a determination allowing said protest. Such request shall be granted by the judges except where permitting said horse to compete would be contrary to the public interest.

(b) Where a protest is made prior to or after the race and the horse protested has started the judges shall notify the track to withhold payment of the portion of the purse affected pending determination by the commission.