Section 017-17-6 - Multiple Medication Violations (MMV)1. A trainer who receives a penalty for a medication or prohibited substance 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 Association of Racing Commissioners International (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 | 1/2 for first violation with an additional 1/2 point for each additional violation within 365 days | 1 for first violation with an additional 1/2 point for each additional violation within 365 days |
Class D | 0 | 0 |
If the Commission determines that the violation is due to environmental contamination, it may assign fewer or no points against the trainer based upon the specific facts of the case.
2. The Commission shall assign and record points consistent with Section 6 (1). Points assigned by Commission rulings shall reflect, in the case of multiple positive tests as described in paragraph (3), whether they constitute a single violation.3. Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the Commission may, depending on circumstances, be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the Commission may treat each substance found as an individual violation for which points will be assigned, depending upon the facts and circumstances of the case.4. The Commission shall consider all points for violations when determining whether mandatory enhancements provided in this section shall be imposed.5. In addition the penalty for the underlying offense, the following enhancement shall be imposed upon a licensed trainer based upon the cumulative points contained in his/her record: Points 5-5.5 | Suspension in days 15 to 30 |
6-8.5 | 30 to 60 |
9-10.5 | 90-180 |
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:
A. Has had more than one medication violation for the relevant time period, andB. Exceeds the permissible number of points.6. The Commission shall consider the trainer's prior record for medication violations, when determining the appropriate penalty for the underlying offense. The MMV is intended to be a separate and additional penalty for a pattern of violations. A. The suspension periods as provided in Section 6(5) shall run consecutive to any suspension imposed for the underlying offense.B. The Commission ruling shall distinguish between the penalty for the underlying offense and any enhancement based upon a Commission's review of the trainer's cumulative points and violation history, which may be considered an aggravating factor in a case.C. Points shall expire as follows: Penalty Classification | Time to Expire |
A | 3 years |
B | 2 years |
C | 1 year |
D. 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.01-017 C.M.R. ch. 17, § 6