La. Admin. Code tit. 35 § I-1797

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-1797 - Penalty Guidelines

A. Upon finding a violation by a permittee of prohibited medication rules, of prohibited substance rules, or of improper or excessive use of permitted medications, the stewards, or the commission, shall consider the classification level as set forth in §1795 and will, in the absence of mitigating or aggravating circumstances, endeavor to impose penalties and disciplinary measures consistent with the recommended guidelines contained herein. Whenever a majority of the stewards find or conclude that there are mitigating or aggravating circumstances, they should so state in their ruling such finding or conclusion, and should impose the penalty which they find is appropriate under the circumstances to the extent of their authority or, if necessary, refer the matter to the commission with specific recommendations for further action.

B. The recommended guidelines for a violation of each classification level are as follows.

1. Class I: suspension of license for a period of not less than one year and not more than five years and a fine of $5,000. The purse shall be redistributed.

2. Class II: suspension of license for a period of not less than six months and not more than one year and a fine of not less than $1,500 and not more than $2,500. The purse shall be redistributed.

3. Class III: suspension of license for a period of not less than 60 days and not more than six months and/or a fine of not more than $1,500. The purse shall be redistributed.

4. Classes IV and V: the trainer may be suspended for a period not more than 60 days and a fine of not less than $500 nor more than $1,500, or both, depending on the severity and number of violations occurring within a 12-month period. The purse may be redistributed on referral to the commission at its discretion.

a. On ordinary violation(s) of classes IV or V within a 12-month period, the trainer shall be fined $500 on the first violation; $1,000 on the second violation; and on the third and subsequent violations the trainer shall be fined $1000, the purse shall be redistributed and the case referred to the commission for further action.

b. On extraordinary violation(s) of classes IV or V in a manner that might affect the performance of a horse within a 12-month period, the trainer shall be fined $1,000 and the purse shall be redistributed on the first offense. On the second and subsequent violations, the trainer shall be fined $1000, the purse shall be redistributed and the case referred to the commission for further action.

c. On gross violation(s) of classes IV or V in a manner that intends to affect the performance of a horse, the trainer shall be fined not less than $1,000, the purse shall be redistributed and the case referred to the commission for further action.

La. Admin. Code tit. 35, § I-1797

Promulgated by the Department of Economic Development, Racing Commission, LR 19:613 (May 1993), amended by the Office of the Governor, Division of Administration, Racing Commission, LR 28:1014 (May 2002), LR 30:1017 (May 2004), LR 40:528 (March 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 4:141 and R.S. 4:148.