Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 06 - Racing Commission › Rule 006.06.17-004 - Rule 1217 (D) - Multiple Medication Violations

Current through Register Vol. 49, No. 6, June, 2024
(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
Vi
for first violation with an
						  additional
lA
point 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.