01-017-17 Me. Code R. § 5
The following guidelines shall be used to establish minimum and maximum penalties for violation of the prohibited substance rule. For the purposes of prohibited substance penalty classes, multiple positive tests shall be treated as a 1st, 2nd, 3rd, etc. offenses based on other positives within the same penalty class. However, the Commission may consider the overall pattern and history of prohibited substance violations by a licensee in determining the appropriate penalty within a range. Penalty enhancements based on a history of prohibited substance violations may be levied consistent with Section 6.
Class "A" Penalty- The following are recommended penalties for violations due to the presence of a drug carrying a Class "A" penalty and for violations of Prohibited Practices:
LICENSED TRAINER | ||
1ST Offense | 2nd Lifetime Offense | 3rd Lifetime Offense |
-Minimum one-year suspension, not to exceed a three year suspension. AND -Minimum fine of $1,000, not to exceed $2,500. | -Minimum three-year suspension, not to exceed a 5 year suspension. AND -Minimum fine of $2,500, not to exceed $5,000. | -Minimum five-year suspension, not to exceed a 7 year suspension. AND -Minimum fine of $5,000, not to exceed $10,000. |
LICENSED OWNER | ||
1st Offense | 2nd Lifetime Offense in owner's stable | 3rd Lifetime Offense in owner's stable |
-Loss of Purse AND -Horse shall be disqualified and placed on the steward's list for 45 days, and must pass a Commission approved examination to be eligible to be entered. | -Loss of Purse AND -Horse shall be disqualified and placed on the steward's list for 60 days, and must pass a Commission approved examination to be eligible to be entered. | -Loss of Purse AND -Horse shall be disqualified and placed on the steward's list for 90 days and must pass a Commission-approved examination before becoming eligible to be entered. |
Class "B" Penalty-The following are recommended penalties for violations due to the presence of a drug carrying Class "B" penalty or for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions set forth in Chapter 11 and for violations of the established levels for carbon dioxide.
LICENSED TRAINER | ||
1ST Offense | 2nd Offense (365 day period) | 3rd Offense (365 day period) |
-Minimum 15- day suspension. Not to exceed a 60 day suspension. AND -Minimum fine of $500, not to exceed $1,000. | -Minimum 30-day suspension. Not to exceed a 180 day suspension. AND -Minimum fine of $1,000, not to exceed $2,500. | -Minimum 60-day suspension. Not to exceed 365 day suspension. AND -Minimum fine of $2,500, not to exceed $5,000. |
LICENSED OWNER | ||
1st Offense | 2nd Offense in owner's stable (365 day period) | 3rd Offense in owner's stable (365 day period) |
-Loss of Purse AND -Horse shall be disqualified for 30 days and must pass a Commission approved examination before becoming eligible to be entered. | -Loss of Purse AND - Horse shall be disqualified for 30 days and must pass a Commission approved examination before becoming eligible to be entered. | -Loss of Purse AND -Horse shall be disqualified, placed on the steward's list for 45 days and must pass a Commission approved examination before becoming eligible to be entered. |
Class "C" Penalty-The following are recommended penalties for violations due to the presence of a drug carrying a Class "C" penalty; overages for permitted NSAIDs; and the presence of more than one NSAID in a plasma/serum sample.
LICENSED TRAINER | Phenylbutazone (>5.0-8.0 mcg/ml) Flunixin (>20-100 ng/ml) Ketoprofen (>2-50 ng/ml) | Phenylbutazone (>8.0 mcg/ml) Flunixin (>100 ng/ml) Ketoprofen (>50 ng/ml) Class C Violations |
1st Offense (365 day period) | -Minimum penalty of a written warning to a maximum fine of $250.00 | -Minimum penalty of $500 |
2nd Offense (365 day period) | -Minimum penalty of a written warning to a maximum fine of $500.00 | -Minimum penalty of $1,000 and 15-day suspension |
3rd Offense (365 day period) | -Minimum penalty of $500 to a maximum fine of $1,000 | -Minimum penalty of $2,500 and 30-day suspension |
LICENSED OWNER | Phenylbutazone (>5.0-8.0 mcg/ml) Flunixin (>20-100 ng/ml) Ketoprofen (>2-50 ng/ml) | Phenylbutazone (>8.0 mcg/ml) Flunixin (>100 ng/ml) Ketoprofen (>50 ng/ml) Class C Violations |
1st Offense (365 day period) | -Minimum penalty of a written warning | -Loss of Purse |
2nd Offense (365 day period) | -Minimum penalty of a written warning | -Loss of Purse |
3rd Offense (365 day period) | -Loss of Purse | -Loss of Purse. If same horse, placed |
Class "D" Penalty- The recommended penalty for a violation involving a drug that carries a Class D penalty is a written warning to the trainer and owner. Multiple violation may result in fines and/or suspensions.
01-017 C.M.R. ch. 17, § 5