Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 017 - MAINE STATE HARNESS RACING COMMISSION › Chapter 17 - RULE VIOLATIONS; PENALTIES › Section 017-17-5 - Penalty Schedule for Violations of Chapter 11

Current through 2024-29, July 17, 2024
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.