71 IAC 8-1-7 Drug classification and penalties

Sec. 7. (a) Except as provided in subsection (b), upon a finding of a violation of this rule, the judges shall consider the classification level of the violation as currently established by the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 18.0 and impose penalties and disciplinary measures consistent with the recommendations contained in those guidelines. However, if a majority of the judges determine that mitigating circumstances require imposing a lesser penalty, they may impose the lesser penalty. If a majority of the judges wish to impose a greater penalty or a penalty exceeding the authority the judges are granted, they may impose the greater penalty authorized and refer the matter to the commission with specific recommendations for further action. (b) Cobalt shall carry a category "B" penalty, as established by the Recommended Penalties and Model Rule, regardless of its presence in a post-race or out of competition sample. The judges shall consider levels less than fifty (50) parts per billion a mitigating factor, and levels of at least one hundred (100) parts per billion an aggravating factor when determining penalties.