(a) A trainer who receives a penalty for a
medication violation based upon a horse testing positive for a Class 1-5
medication with Penalty Class A-C, as provided in the most recent version of
the ARCI Uniform Classification Guidelines for Foreign Substances, shall be
assigned 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
|
Vifor first violation with an
additional lApoint for each
additional violation within 365 days1
|
1 for first violation with an additional
Vi point for each additional violation within 365 days
|
|
Class D
|
0
|
0
|
If the Stewards or Commission 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 by the Stewards or Commission ruling shall be included in the ARCI
official database. The ARCI shall record points, including, when appropriate, a
designation that points have been suspended for the medication violation.
Points assigned by such regulatory ruling shall reflect, in the case of
multiple positive tests whether they constitute a single violation. The
Stewards' or Commission's Ruling shall be posted on the official website of the
Commission and within the official database of the Association of Racing
Commissioners International. If an appeal is pending, that fact shall be noted
in such Ruling. No points shall be applied until a final adjudication of the
enforcement of any such violation.
(c) A trainer's cumulative points for
violations in all racing jurisdictions shall be maintained by the ARCI. Once
all appeals are waived or exhausted, the points shall immediately become part
of the trainer's official ARCI record and shall be considered by the Commission
in its determination to subject the trainer to the mandatory enhanced penalties
by the Stewards or Commission 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 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.
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.
(e) The
official ARCI record shall be used to advise the Stewards or Commission of a
trainer's past record of violations and cumulative 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 Stewards or Commission shall consider
all points for violations in all racing jurisdictions as contained in the
trainer's official ARCI record when determining whether the mandatory
enhancements provided in this regulation shall be imposed.
(g) In addition to the penalty for the
underlying offense, the following enhancements shall be imposed upon a licensed
trainer based upon the cumulative points contained in his/her official ARCI
record:
|
Points
|
Suspension in days
|
|
5-5.5
|
15 to 30
|
|
6-8.5
|
30 to 60
|
|
9-10.5
|
90 to 180
|
|
11 or more
|
180 to 360
|
MMV penalties are not a substitute for the current penalty
system and are intended to be an additional uniform penalty when the
licensee:
(i) Has had more than one
medication violation for the relevant time period, and;
(ii) Exceeds the permissible number of
points.
The Stewards and Commission shall consider aggravating and
mitigating circumstances, including the trainer's prior record for medication
violations, when determining the appropriate penalty for the underlying
offense. The MMV penalty is intended to be a separate and additional penalty
for a pattern of violations.
(h) The suspension periods shall run
consecutive to any suspension imposed for the underlying offense.
(i) The Stewards' or Commission's Ruling
shall distinguish between the penalty for the underlying offense and any
enhancement based upon a Stewards' or Commission's review of the trainer's
cumulative points and regulatory record, which may be considered an aggravating
factor in a case.
(j) Points shall
expire as follows:
|
Penalty Classification
|
Time to Expire
|
|
A
|
3 years
|
|
B
|
2 years
|
|
C
|
1 year
|
In the case of a medication violation that results in a
suspension, any points assessed expire on the anniversary date of the date the
suspension is completed.
