West Virginia Code of State Rules › Agency 178 - Racing Commission › Title 178 - LEGISLATIVE RULE RACING COMMISSION › Series 178-01 - Thoroughbred Racing › Part 9 - WEST VIRGINIA THOROUGHBRED DEVELOPMENT FUND AND ACCREDITED RACE FUND › Table 178-1 E

Current through Register Vol. XLI, No. 28, July 12, 2024
The following are recommended penalties for violations due
					 to the presence of a drug carrying a Category "A" penalty.
LICENSED TRAINER
1st Offense
Minimum one (1) year suspension absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum of a three (3) year suspension.
AND
Minimum fine of $10,000.00 or 10% of total purse
								(greater of the two) absent mitigating circumstances. The presence of
								aggravating factors could be used to impose a maximum fine of $25,000.00 or 25%
								of purse (greater of the two).
AND
May be referred to the Racing Commission for any
								further action deemed necessary by the Commission.
2nd LIFETIME offense in any
								jurisdiction
Minimum three (3) year suspension absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum of permit revocation with no reapplication for a three (3) year
								period.
AND
Minimum fine of $25,000.00 or 25% of total purse
								(greater of the two) absent mitigating circumstances. The presence of
								aggravating factors could be used to impose a maximum fine of $50,000.00 or 50%
								of purse (greater of the two).
AND
May be referred to the Racing Commission for any
								further action deemed necessary by the Commission.
3rd LIFETIME offense in any
								jurisdiction
Minimum five (5) year suspension absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum of permit revocation with no reapplication for a five (5) year
								period.
AND
Minimum fine of $50,000.00 or 50% of total purse
								(greater of the two) absent mitigating circumstances. The presence of
								aggravating factors could be used to impose a maximum of $100,000.00 or 100% of
								purse (greater of the two).
AND
May be referred to the Racing Commission for any
								further action deemed necessary by the Commission.
LICENSED OWNER
1st Offense
Disqualification and loss of purse.
AND
Horse shall be placed on the veterinarian's list
								for one hundred eighty (180) days and must pass a Commission approved
								examination before becoming eligible to be entered.
2nd LIFETIME offense in owner's stable in any
								jurisdiction
Disqualification and loss of purse.
AND
Horse shall be placed on the veterinarian's list
								for one hundred eighty (180) days and must pass a Commission approved
								examination before becoming eligible to be entered.
3rd LIFETIME offense in owner's stable in any
								jurisdiction
Disqualification, loss of purse and $50,000.00
								fine.
AND
Horse shall be placed on the veterinarian's list
								for one hundred eighty (180) days and must pass a Commission approved
								examination before becoming eligible to be entered.
AND
Referral to the Commission with a recommended
								minimum suspension of ninety (90) days.
The following are recommended penalties for violations due
					 to the presence of a drug carrying a Category "B" penalty, or for the presence
					 of more than one NSAID in a plasma/serum sample, subject to the provisions of
					 Table 178-1 F of this rule, and for violations of the established levels for
					 total carbon dioxide.
LICENSED TRAINER
1st offense
Minimum fifteen (15) day suspension absent
								mitigating circumstances. The presence of aggravating factors could be used to
								impose a maximum of a sixty (60) day suspension.
AND
Minimum fine of $500.00 absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum of $1,000.00.
2nd offense (365 day period in any
								jurisdiction)
Minimum thirty (30) day suspension absent
								mitigating circumstances. The presence of aggravating factors could be used to
								impose a maximum of a 180 day suspension.
AND
Minimum fine of $1,000.00 absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum fine of $2,500.00.
3rd offense (365 day period in any
								jurisdiction
)
Minimum sixty (60) day suspension absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum of a one (1) year suspension.
AND
Minimum fine of $2,500.00 absent mitigating
								circumstances. The presence of aggravating factors could be used to impose a
								maximum fine of $5,000.00 or 5% of purse (greater of the two).
AND
May be referred to the Racing Commission for any
								further action deemed necessary by the Commission.
LICENSED OWNER
1st offense
Disqualification and loss of purse [in the absence
								of mitigating circumstances].
AND
Horse must pass a Racing Commission approved
								examination before becoming eligible to be entered.
2nd offense in stable (365 day period in any
								jurisdiction)
Disqualification and loss of purse [in the absence
								of mitigating circumstances].
AND
Horse must pass a Racing Commission approved
								examination before becoming eligible to be entered.
3rd offense in stable (365 day period in any
								jurisdiction)
Disqualification, loss of purse and in the absence
								of mitigating circumstances a $5,000.00 fine.
AND
Horse shall be placed on the veterinarian's list
								for forty-five (45) days and must pass a Racing Commission approved examination
								before becoming eligible to be entered.
The following are recommended penalties for violations due
					 to the presence of a drug carrying a Category "C" penalty and overages for
					 permitted NSAIDs and furosemide:
(All concentrations are for measurements
					 in serum or plasma.)
LICENSED TRAINER
Phenylbutazone (>2.0-5.0
								mcg/ml)*
Flunixin (>20-100 ng/ml)
Ketoprofen (2-50 ng/ml)
Furosemide (100 ng/ml) and/or
no furosemide when identified as
								administered
Phenylbutazone (5.0 mcg/ml)
Flunixin (100 ng/ml)
Ketoprofen (50 ng/ml) and
CLASS C VIOLATIONS
1st Offense (365-day period) in any
								jurisdiction
Minimum of a written warning to a maximum fine of
								$500.00
Minimum fine of $1,000.00 absent mitigating
								circumstances
2nd Offense (365-day period) in any
								jurisdiction
Minimum of a written warning to a maximum fine of
								$750.00
Minimum fine of $1,500.00 and 15-day suspension
								absent mitigating circumstances
3rd Offense (365-day period) in any
								jurisdiction
Minimum fine of $500.00 and to a maximum fine of
								$1,000.00
Minimum fine of $2,500 and 30-day suspension absent
								mitigating circumstances
LICENSED OWNER
Phenylbutazone (2.0-5.0
								mcg/ml)*
Flunixin (20-100 ng/ml)
Ketoprofen (2-50 ng/ml)
Furosemide (100 ng/ml) and/or no furosemide
								when identified as administered
Phenylbutazone (5.0 mcg/ml)
Flunixin (100 ng/ml)
Ketoprofen (50 ng/ml) and
CLASS C VIOLATIONS
1st Offense (365-day period) in any
								jurisdiction
Horse may be required to pass a Racing Commission
								approved examination before being eligible to run.
Loss of purse in the absence of mitigating
								circumstances. Horse must pass commission-approved examination before being
								eligible to run.
2nd Offense (365-day period) in any
								jurisdiction
Horse may be required to pass a Racing Commission
								approved examination before being eligible to run.
Loss of purse. If same horse, placed on
								veterinarian's list for 45 days, must pass commission-approved examination
								before being eligible to run
3rd Offense (365-day period) in any
								jurisdiction
Disqualification and loss of purse. Horse must pass
								Racing Commission approved examination before being eligible to run.
Loss of purse. Minimum $5,000.00 fine. If same
								horse, placed on veterinarian's list for 60 days, must pass commission-approved
								examination before being eligible to run
*If the trainer has not had more than one violation within
					 the previous two years, the stewards are encouraged to issue a warning in lieu
					 of a fine provided the reported level is below 3.0 mcg/ml, absent aggravating
					 factors.
After a two year period, if the permit holder has had no
					 further violations, any penalty due to an overage in the 2.0 - 5.0 category
					 shall be expunged from the permit holder's record for penalty purposes.
_______________________________________________________________________________________________
The recommended penalty for a violation involving a drug
					 that carries a Category "D" penalty is a written warning to the trainer and
					 owner. Multiple violations may result in fines and/or suspensions.