Washington Administrative Code › Title 260 - Horse Racing Commission › Chapter 260-84 - Penalties › Section 260-84-090 - Equine medication and prohibited substances-Penalties-Guidelines

Current through Register Vol. 24-14, July 15, 2024
(1) Upon a finding
			 of a violation of the medication and prohibited substances rules in chapter
			 260-70 WAC, the stewards will consider the classification level of the
			 medication, drug or substance prior to imposing a penalty. The stewards will
			 also consult with an official veterinarian to determine the nature and
			 seriousness of the laboratory finding or the medication violation and whether
			 the violation was a result of the administration of a therapeutic medication as
			 documented in a veterinarian's report received per WAC
			 260-70-540.
(2)Upon the finding of the laboratory of a
			 positive test, the equine medical director shall prepare, for presentation at
			 the steward's conference, testimony to assist the stewards in determining the
			 seriousness of the violation. Industry experts should be contacted to assist
			 with the research as to whether the reported violation is of a nature that may
			 have affected the outcome of the race. The finding of the equine medical
			 director may be considered as mitigating or aggravating circumstances.
Based upon the finding of fact, if the quantification of a
				therapeutic substance is considered by the stewards and equine medical director
				to be of no significance, the trainer and veterinarian of record will be
				contacted for administration details, but a formal hearing notice may be
				waived.
(3)A lesser penalty
			 than that established in WAC
			 260-84-110 may be imposed if a
			 majority of the stewards determine that mitigating circumstances warrant a
			 lesser penalty. If a majority of the stewards determine a greater penalty is
			 appropriate or that a penalty in excess of the authority granted them is
			 appropriate, they may impose the maximum penalty authorized and refer the
			 matter to the commission with specific recommendations for further action. In
			 determining if there are mitigating circumstances surrounding a medication
			 violation for substances referred to in chapter 260-70 WAC, at least the
			 following will be considered:
(a)The past
			 record of the trainer and/or veterinarian in medication/drug cases;
(b) The potential of the medication/drug to
			 influence a horse's racing performance;
(c)The availability of the
			 medication/drug;
(d) Whether there
			 is reason to believe the responsible party knew of the administration of the
			 medication/drug used;
(e)The steps
			 taken by the trainer to safeguard the horse;
(f) The probability of environmental
			 contamination or inadvertent exposure due to human drug use;
(g)The purse of the race;
(h) Whether the medication found was one for
			 which the horse was receiving a treatment as determined by the veterinarian
			 report(s);
(i) Whether there was
			 any suspicious betting pattern in the race;
(j) Whether the presence of the
			 medication/drug in urine was confirmed in serum or plasma; and
(k) The level of the overage and its
			 probability to affect the outcome of the race.