006.06.17 Ark. Code R. 004
Current through Register Vol. 49, No. 10, October, 2024
Rule 006.06.17-004 - Rule 1217 (D) - Multiple Medication Violations(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.
006.06.17 Ark. Code R. 004