New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VII - Agricultural Fairs › Part 352 - Testing Horses For Drugs At Pulling Contests › Section 352.5 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
The owner of any horse which tests positive for the presence
				  of drugs shall be held responsible for the violation.
(a) First violation. Within 15 days from the
				date of the notice of the first violation, the owner shall return to the
				director for refund to the appropriate fair, any premium awarded in the pulling
				contest for which the sample was taken. The owner shall be subject to a penalty
				pursuant to Agriculture and Markets Law, section
				40.
(b) Second violation. Within 15 days from the
				date of notice of the second violation, the owner shall return to the director
				for refund to the appropriate fair, any premium awarded in the pulling contest
				for which the sample was taken. The owner shall be subject to a penalty
				pursuant to Agriculture and Markets Law, section
				40.
(c) Third violation. Within 15 days from the
				date of the notice of the third violation, the owner shall return to the
				director for refund to the appropriate fair, any premium awarded in the pulling
				contest for which the sample was taken. The owner shall be subject to a penalty
				pursuant to Agriculture and Markets Law, section
				40. Further, the owner shall thereafter be
				prohibited from participating in pulling contests at fairs for two years from
				the date of the notification of the third violation.
(d) Succeeding violations. Within 15 days
				from the date of the notice of succeeding violations, the owner shall return to
				the director for refund to the appropriate fair, any premium awarded in the
				horse pulling contest for which the sample was taken. The owner shall be
				subject to a penalty pursuant to Agriculture and Markets Law, section
				40. Further, the owner shall be prohibited
				from participating in pulling contests at fairs for five years from the date of
				the notification of the succeeding violation.
(e) Failure to return the premium within the
				15-day period will result in the exclusion of the owner from participation in
				pulling contests at fairs thereafter, unless a request for hearing has been
				made pursuant to subdivision (f) of this section.
(f) If, within 15 days from the date of the
				notice of any violation, the owner makes a written request to the commissioner
				for a hearing, the commissioner, upon reasonable notice to all parties and to
				the fair at which the pulling contest was held and at which the sample in
				question was taken, shall fix a date for a hearing to be held pursuant to
				article 3 of the Agriculture and Markets Law of the State of New York and the
				rules and regulations of the New York State Department of Agriculture and
				Markets.
(1) Each request for a hearing must
				be accompanied by a security deposit in the form of a certified check or money
				order equal to the amount of premium moneys received in the pulling contest at
				which the alleged violation occurred. If, subsequent to the date of the pulling
				contest at which the violation occurred and before the determination is made
				upon the hearing, the owner receives any premium moneys from any other pulling
				contests in fairs, the amount of the security deposit shall be increased by the
				amount of such premium.
(2) After
				such hearing, the commissioner shall issue a determination and order setting
				forth any penalties which shall be assessed and the grounds upon which they are
				based, and any premium moneys which must be returned. The security deposit
				shall be applied to the payment of premium moneys. Any balance of security
				deposit funds remaining after such payments are deducted shall be returned to
				the owner. As required in this Part, the commissioner shall also order that the
				owner be prohibited from participating in pulling contests.