CATEGORY "A" PENALTIES
Penalties for violations due to the presence of a drug substance in an official test sample, which CHRB drug classification is categorized as warranting a Category A penalty are as follows:
LICENSED TRAINER: | ||
1st offense | 2nd LIFETIME offense | 3rd LIFETIME offense |
* Minimum one - year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three-year suspension. | * Minimum two-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three-year suspension. | * Minimum three -year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of permanent license revocation. |
AND | AND | AND |
* Minimum fine of $10,000 or 10% of gross purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $25,000 or 25% of purse (greater of the two). | * Minimum fine of $20,000 or 25% of gross purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $50,000 or 50% of purse (greater of the two). | * Minimum fine of $25,000 or 50% of gross purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000 or 100% of purse (greater of the two). |
AND | AND | AND |
* May be referred to the Board for any further action deemed necessary by the Board. | * May be referred to the Board for any further action deemed necessary by the Board. | * May be referred to the Board for any further action deemed necessary by the Board. |
LICENSED OWNER: | ||
1st offense | 2nd LIFETIME offense in owner's stable | 3rd LIFETIME offense in owner's stable |
* Disqualification of horse and loss of purse. | * Disqualification of horse and loss of purse. | * Disqualification of horse, loss of purse and absent mitigating circumstances, minimum fine of $10,000. The presence of aggravating factors could be used to impose a maximum fine of $50,000. |
AND | AND | AND |
* Horse may be placed on the veterinarian's list for up to 90 days and must pass a Board - approved examination pursuant to Rule 1846 before becoming eligible to be entered. | * Horse shall-be placed on the veterinarian's list for up to 120 days and must pass a Board - approved examination pursuant to Rule 1846 before becoming eligible to be entered. | * Horse shall be placed on the veterinarian's list for up to 180 days and must pass a Board-approved examination pursuant to Rule 1846 before becoming eligible to be entered. |
AND | AND | AND |
* Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. | * Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. | * Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. |
AND | ||
* Referral to the Board with a recommendation of a suspension of owners license for a minimum of 90 days. | ||
CATEGORY "B" PENALTIES
Penalties for violations due to the presence of a drug substance in an official test sample, which CHRB drug classification is categorized as warranting a Category B penalty are as follows:
LICENSED TRAINER: | ||
1st offense | 2nd offense (within two year time period) | 3rd offense (within five year time period) |
* Minimum 30 -day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension. | * Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension. | * Minimum 90-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one-year suspension. |
AND/OR | AND/OR | AND/OR |
* Minimum fine of $500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $10,000. | * Minimum fine of $1,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $20,000. | * Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose-a maximum fine of $50,000 or 10% of purse (greater of the two). |
AND | ||
* May be referred to the Board for any further action deemed necessary by the Board. | ||
LICENSED OWNER: | ||
1st offense | 2nd offense in stable (within two year time period) | 3rd offense in stable (within five year time period) |
* Disqualification of horse and loss of purse. | * Disqualification of horse and loss of purse. | * Disqualification of horse, loss of purse and absent mitigating circumstances minimum fine of $5,000. The presence of aggravating factors could be used to impose a maximum fine of $20,000. |
AND | AND | AND |
* Horse must pass a Board-approved examination pursuant to Rule 1846 before becoming eligible to be entered. | * Horse must pass a Board-approved examination pursuant to Rule 1846 before becoming eligible to be entered. | * Horse shall be placed on the veterinarian's list for up to 45 days and must pass a Board-approved examination pursuant to Rule 1846 before becoming eligible to be entered. |
AND | AND | AND |
* Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. | * Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. | * Be subject to drug testing at the owner's expense and be negative for prohibited drug substances as defined in Rule 1843.1. |
CATEGORY "B" PENALTIES FOR RULE 1843.6 TOTAL CARBON DIOXIDE (TCO2) TESTING
Penalties for violations due to exceeding permitted levels of TCO2 as defined in Rule 1843.6 are as set forth below. All concentrations are for measurements in serum or plasma.
LICENSED TRAINER: | ||
1st offense TCO2 ( > 37.0mml/l- <39mml/l) | 2nd offense TCO2 ( > 37.0mml/l- <39mml/l) | 3rd offense TCO2 ( > 37.0mml/l- <39mml/l) |
* Up to a 30-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension. | * Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 120-day suspension. | * Minimum 90-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension. |
AND/OR | AND/OR | AND/OR |
* Minimum fine of $1,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $5,000. | * Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $10,000. | * Minimum fine of $5,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $15,000. |
LICENSED OWNER: | ||
1st offense TCO2 ( > 37.0mml/l) | 2nd offense TCO2 ( > 37.0mml/l- <39mml/l) | 3rd offense TCO2 ( > 37.0mml/l- <39mml/l) |
* Disqualification of horse and loss of purse. | * Disqualification of horse and loss of purse. | * Disqualification of horse, loss of purse and in the absence of mitigating circumstances, $2,500 fine. |
LICENSED TRAINER: | ||
1st offense TCO2 (>= 39.0mml/l) | 2nd offense TCO2 (>= 39.0mml/l) | 3rd offense TCO2 (>= 39.0mml/l) |
* Minimum 30-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension. | * Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension. | * Minimum 90-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 365-day suspension. |
AND/OR | AND/OR | AND/OR |
* Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $10,000. | * Minimum fine of $5,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $15,000. | * Minimum fine of $10,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $25,000. |
LICENSED OWNER: | ||
1st offense TCO2 (>= 39.0mml/l) | 2nd offense TCO2 (>= 39.0mml/l) | 3rd offense TCO2 (>= 39.0mml/l) |
* Disqualification of horse and loss of purse. | * Disqualification of horse and loss of purse. | * Disqualification of horse, loss of purse and a fine ranging from a minimum of $5,000, up to a maximum of $20,000. |
CATEGORY "C" PENALTIES
Penalties for violations due to the presence of a drug substance in an official test sample, which CHRB drug classification is categorized as warranting a Category C penalty and furosemide as defined in Rule 1845 of this division in an official test sample are as set forth below. All concentrations are for measurements in serum or plasma.
LICENSED TRAINER: | ||
1st offense | 2nd offense (within 365-day period) | 3rd offense (within 365-day period) |
* Minimum fine of $500 to a maximum fine of $1,000 absent mitigating circumstances. | * Minimum fine of $1,000 to a maximum fine of $2,500, and up to a 15 - day suspension absent mitigating circumstances. | * Minimum fine of $2,500 and up to a 30 - day suspension absent mitigating circumstances |
Penalties for a fourth violation within a 365-day period shall require a minimum 15-day suspension and $2500 fine. Penalities for any subsequent violation within a 365-day period shall require a greater suspension and fine than the penalty imposed for the previous violation.
CATEGORY "D" PENALTIES
1st Offense (within 365-day period) | 2nd Offense (within 365-day period) | 3rd Offense (within 385-day period) |
Minimum of an official written warning to a maximum fine of $250. | Minimum of a $250 fine to a maximum fine of $500. | Minimum of a $500 fine to a maximum fine of $750. |
Cal. Code Regs. Tit. 4, § 1843.3
2. Amendment of subsection (d) (table for Category "C" penalties) and subsection (e) (including new tables for Category "D" penalties) filed 2-14-2012; operative 3-15-2012 (Register 2012, No. 7).
3. Amendment of subsection (d) (table for Category "B" Penalties) filed 6-6-2012; operative 7-6-2012 (Register 2012, No. 23).
4. Amendment filed 10-17-2016; operative 1-1-2017 (Register 2016, No. 43).
5. Amendment of subsection (d) -- Category C filed 11-20-2018; operative 1-1-2019 (Register 2018, No. 47).
6. Amendment of subsection (d) (Category "C" Penalties), subsection (e) (Category "D" Penalties) and subsections (f)-(g) filed 6-4-2020; operative 6-4-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 23).
7. Amendment of subsection (j) filed 12-30-2020; operative 4-1-2021 (Register 2021, No. 1).
8. Amendment of subsection (a) filed 1-14-2021; operative 4-1-2021 (Register 2021, No. 3).
Note: Authority cited: Sections 19440, 19461 and 19580, Business and Professions Code. Reference: Sections 19461, 19580, 19581 and 19582, Business and Professions Code; and Section 11425.50, Government Code.
2. Amendment of subsection (d) (table for Category "C" penalties) and subsection (e) (including new tables for Category "D" penalties) filed 2-14-2012; operative 3-15-2012 (Register 2012, No. 7).
3. Amendment of subsection (d) (table for Category "B" Penalties) filed 6-6-2012; operative 7-6-2012 (Register 2012, No. 23).
4. Amendment filed 10-17-2016; operative 1/1/2017 (Register 2016, No. 43).
5. Amendment of subsection (d) - Category C filed 11-20-2018; operative 1/1/2019 (Register 2018, No. 47).
6. Amendment of subsection (d) (Category "C" Penalties), subsection (e) (Category "D" Penalties) and subsections (f)-(g) filed 6-4-2020; operative 6/4/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 23).
7. Amendment of subsection (j) filed 12-30-2020; operative 4/1/2021 (Register 2021, No. 1).
8. Amendment of subsection (a) filed 1-14-2021; operative 4/1/2021 (Register 2021, No. 3).