Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 8 - HUMAN AND EQUINE HEALTH › Rule 1 - Equine Health; Medication Rules › Section 1-7.1 - Multiple medication violations

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC
				  4-31-12
Sec. 7.1.
(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 or similar state regulatory guidelines, may be assigned
				points as follows:
Penalty Class
Points if Controlled Therapeutic Substance
Points if Noncontrolled Substance
Class A
N/A
6
Class B
2
4
Class C
½ for first violation with an additional
							 ½ point for each additional violation within 365 days.
1 for first violation with an additional ½
							 point for each additional violation within 365 days.
Class D
0
0
(b)
				The points assigned to a medication violation by the judges or commission
				ruling shall be included in ARCI official database. The ARCI shall record
				points consistent with subsection (a) when appropriate, a designation that
				points have been suspended or the medication violation. Points assigned by such
				regulatory ruling shall reflect in the case of multiple positive tests as
				described in subsection (d), whether they constitute a single violation. The
				judges' or commission ruling may be posted on the official website of the
				commission and within the official database of the ARCI. 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 judges or
				the commission in its determination to subject the trainer to the mandatory
				enhanced penalties by the judges or the commission as provided in this
				section.
(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 judges or commission may treat each substance as an
				individual violation for which points will be assigned, depending on the facts
				and circumstances of the case.
(e)
				The official ARCI record shall be used to advise the judges or commission of a
				trainer's past record of violations and cumulative points. Nothing in this
				section 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 judges 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 may be imposed upon a licensed
				trainer based upon the cumulative points contained in his or 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
Multiple medication violation penalties are not a substitute
				  for the current penalty system and are intended to be an additional uniform
				  penalty when the licensee:
(1) has had
				more than one (1) medication violation for the relevant time period;
				and
(2) exceeds the permissible
				number of points.