N.J. Admin. Code § 13:71-23.7

Current through Register Vol. 56, No. 23, December 2, 2024

Section 13:71-23.7 - Penalties

(a) Should the judges determine that any person or persons have violated any section of this subchapter, they may punish the offending party consistent with the penalties provided for in these rules and regulations.

(b) In addition thereto, the judges may penalize the owner of any horse, or any entry of which said horse is a part, that has started in any race with any drug or substance foreign to the natural horse in its body by disqualification and denial of any part of the purse with redistribution of purse moneys as in the case of a disqualification.

(c) Any individual suspended or disciplined in any fashion for multiple violations of this subchapter or any comparable rule of any other racing commission or turf governing body shall be deemed a repeat offender and shall be subject to enhanced penalties pursuant to RCI Model Rule ARCI-025-020B(13), Multiple Medication Violations (MMV) (version 5.7, Approved April 9, 2014), which is incorporated herein by reference, as amended and supplemented, or as otherwise ordered by the Commission or its Board of Judges (see N.J.A.C. 13:71-8). RCI Model Rule ARCI-025-020B(13), Multiple Medication Violations (MMV) may be accessed at

http://ua-rtip.org/sites/ua-rtip.org/files/Harness%20Racing%20Chapters%20(19-25).pdf. The Commission may, at its discretion, consider evidence of compliance with the guidelines set forth in the "Dosing Specifications" and "Withdrawal Guideline" columns of the Schedule as mitigating factors, when appropriate, in determining the penalty to be imposed for a violation of the levels listed in the "Threshold" column.

(d) Horses owned wholly or in part by persons suspended for violations of this subchapter or any comparable rule of any other racing commission or turf governing body are ineligible to start during the period of such suspension or as ordered by the Commission or its judges, unless sold to a bona fide purchaser (see N.J.A.C. 13:71-8). Horses trained by a person suspended for such violations, wherein the trainer does not have an ownership interest, are automatically eligible to start when placed in the hands of a licensed trainer approved by the judges. (See N.J.A.C. 13:71-3 for rules concerning appeals.)

N.J. Admin. Code § 13:71-23.7

Amended by 46 N.J.R. 2162(a), effective 11/3/2014.