Current through Register Vol. 54, No. 50, December 14, 2024
Section 401.51 - Multiple medication violation points(a) A trainer, who receives a penalty for a medication violation based upon a horse testing positive for a Class 1-5 medication with a Category A-C penalty, as provided in the most recent version of the ARCI Uniform Classification Guidelines for Foreign Substances, or similar state regulatory guidelines, shall be assigned additional multiple medication violation (MMV) enhanced points as follows: | Penalty Class | Points If Controlled Therapeutic Substance | Points If Non-Controlled Substance |
| Class A | N/A | 6 |
| Class B | 2 | 4 |
| Class C | 1/2 for first violation with an additional 1/2 point for each additional violation within 365 days1 | 1 for first violation with an additional 1/2 point for each additional violation within 365 days |
| Class D | 0 | 0 |
1 Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded. Points are not to be separately assigned for a stacking violation.
(1) If the Standardbred or Thoroughbred Horse Racing Bureau Directors, or Judges and Stewards determine that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.(b) The points assigned to a medication violation ruling by the Judges or Stewards shall be included in the trainer's Commission licensing records and forwarded to the ARCI official database or any other similar recordkeeping entity. MMV points shall be recorded consistent with subsection (a) including when appropriate, a designation that points have been suspended for the medication violation. Points assigned by the Judges' or Stewards' rulings shall reflect, in the case of multiple positive tests as described in subsection (d), whether they constitute a single violation. The Judges' or Stewards' rulings shall be posted on the Commission's official web site and the official database of the ARCI or other record keeping entity. (1) If an appeal is pending, that fact shall be noted in the ruling.(2) No enhancement points shall be applied until a final adjudication of the enforcement of any violation.(c) A trainer's cumulative points for violations in all racing jurisdictions shall be maintained by the Commission, ARCI or other recordkeeping entities. Once all appeals are waived or exhausted, the points shall immediately become part of the trainer's official Commission records, ARCI or other recordkeeping entity's records and shall be considered by the Commission in its determination to subject the trainer to the mandatory enhanced penalties by the Judges or Stewards as provided in this regulation.(d) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the Commission may be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the Judges or Stewards may treat each substance found as an individual violation for which points will be assigned, depending upon the facts and circumstances of the case.(e) The official database shall be used to advise the Judges, Stewards or Commission of the trainer's record of past violations and the cumulative MMV points. Nothing in this administrative regulation shall be construed to confer upon a licensed trainer the right to appeal a violation for which all remedies have been exhausted or for which the appeal time has expired as provided by applicable law.(f) The Judges or Stewards shall consider all points for violations in all racing jurisdictions as contained in the trainer's official record when determining whether the mandatory enhancements provided in this regulation shall be imposed.