71 IAC 8-1-7.1 Multiple medication violations

Sec. 7.1. (a) A trainer who receives a penalty for a medication violation based on a horse testing positive for a Class 1-5 medication with Penalty Class A-C, as provided in the ARCI Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 18.0, may be assigned points as follows: Penalty Class Points if Controlled Therapeutic Substance Points if Noncontrolled Substance Class A N/A 6 Class B 2 4 Class C 1/2 for first violation with an additional 1/2 point for each additional violation within 365 days. 1 for first violation with an additional 1/2 point for each additional violation within 365 days. Class D 0 0 (b) The points assigned to a medication violation by the judges or commission ruling shall be included in the ARCI official database. The ARCI shall record points consistent with subsection (a), when appropriate, as a designation that points have been suspended or the medication violation. Points assigned by the regulatory ruling must reflect, based on multiple positive tests as described in subsection (d), whether they constitute a single violation. The judges' or commission ruling may be posted on the official website of the commission and in the official database of the ARCI. If an appeal is pending, that fact must be noted in the ruling. Points may not be applied until a final adjudication of the enforcement of any of these violations. (c) A trainer's cumulative points for violations in all racing jurisdictions shall be maintained by the ARCI. Once each appeal is waived or exhausted, the points immediately become part of the trainer's official ARCI record and considered by the judges or the commission in its determination to subject the trainer to the mandatory enhanced penalties by the judges or commission, as provided in this section. (d) Multiple positive tests for the same medication incurred by a trainer before delivery of official notice by the commission may be treated as a single violation. For a positive test indicating multiple substances found in a single post-race sample, the judges or commission may treat each substance as an individual violation for which points will be assigned, depending on the facts and circumstances of the case. (e) The official ARCI record must be used to advise the judges or commission of a trainer's past record of violations and cumulative points. Nothing in this section shall be construed to give a licensed trainer the right to appeal a violation for which all remedies have been exhausted or the appeal time has expired, as provided by applicable law. (f) The judges or commission shall consider the points for violations in each racing jurisdiction as contained in the trainer's official ARCI record when determining whether the mandatory enhancements provided in this regulation shall be imposed. (g) In addition to the penalty for the underlying offense, the following enhancements may be imposed on a licensed trainer based on the cumulative points contained in the trainer's official ARCI record: Points Suspension in Days 5-5.5 15 to 30 6-8.5 30 to 60 9-10.5 90 to 180 at least 11 180 to 360 Multiple medication violation penalties are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee: (1) has had more than one (1) medication violation for the relevant time period; and (2) exceeds the permissible number of points. (h) The suspension periods in subsection (g) run consecutive to any suspension imposed for the underlying offense. (i) The judges' or commission's ruling shall distinguish between the penalty for the underlying offense and any enhancement based on the judges' or commission's review of a trainer's cumulative points and regulatory record, which may be considered an aggravating factor in a case. (j) Points expire as follows: Penalty Classification Time to Expire A 3 years B 2 years C 1 year For a medication violation that results in a suspension, the points assessed expire on the anniversary date of the date the suspension ends.