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WEST VIRGINIA CODE

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§64-7-2. Racing Commission.

(a) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section two, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (thoroughbred racing, 178 CSR 01), is authorized with the following amendment:

On pages 91 through 93, by striking out all of subdivision 49.3.m. and inserting in lieu thereof a new subdivision 49.3.m. to read as follows:

49.3.m.  Multiple Medication Violations.  A trainer who receives a penalty for a medication violation based upon a horse testing positive for a Class 1-5 medication with a Penalty Class A- C, as provided in the Uniform Classification Guidelines for Foreign Substances as promulgated by the Association of Racing Commissioners International (RCI), Version 12.0 (revised April 8, 2016), set forth in table 178-1D at the end of this rule, shall be assigned points as follows:

Penalty Class

Points if Controlled Therapeutic Substance

Points if Non-Controlled Substance

Class A

N/A

6

Class B

2

4

Class C

½ for first violation with an additional ½ point for each additional violation within 365 days.  Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded.  Points are not to be separately assigned for a stacking violation.

1 for first violation with an additional ½ point for each additional violation within 365 days.

Class D

0

0

49.3.m.1. If the stewards or the Commission determine that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.

49.3.m.2.  The points assigned to a medication violation by the stewards’ or the Commission’s ruling shall be included in the Association of Racing Commissioners International official database. The Association of Racing Commissioners International shall record points consistent with the table set forth under subdivision 49.3.m. including, when appropriate, a designation that the points have been suspended for the medication violation.  Points assigned by such regulatory ruling shall reflect, in the case of multiple positive tests as described in paragraph 49.3.m.3, whether they shall constitute a single violation.  The stewards’ or the Commission’s ruling shall be posted on the official website of the Commission and within the official database of the Association of Racing Commissioners International.  If an appeal is pending, that fact shall be noted in such ruling.  No points shall be applied until a final adjudication of the enforcement of any such violation.

49.3.m.3.  A trainer’s cumulative points for violations in all racing jurisdictions shall be maintained by the Association of Racing Commissioners International.  Once all appeals are waived or exhausted, the points shall immediately become part of the trainer’s official Association of Racing Commissioners International record and shall be considered by the stewards or the Commission in their determination to subject the trainer to the mandatory enhanced penalties as provided in this rule.

49.3.m.4.  Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the stewards or the Commission may be treated as a single violation.  In the case of a positive test indicating multiple substances found in a single post-race sample, the stewards or the Commission may treat each substance found as an individual violation for which points will be assigned, depending upon the facts and circumstances of the case.

49.3.m.5.  The official Association of Racing Commissioners International record shall be used to advise the stewards or the Commission of a trainer’s past record of violations and cumulative points.  Nothing in this rule shall be construed to confer upon a trainer the right to appeal a violation for which the remedies have been exhausted or for which the appeal time has expired as provided by West Virginia Code §§ 19-23-16(c) and 19-23-17.

49.3.m.6.  The stewards or the Commission shall consider all points for violations in all racing jurisdictions as contained in the trainers’ official Association of Racing Commissioners International record when determining whether the mandatory enhancements provided in this rule shall be imposed.

49.3.m.7.  In addition to the penalty for the underlying offense, the following enhancements shall be imposed upon a trainer based upon the cumulative points contained in his or her official Association of Racing Commissioners International record:

Points

Suspension in days

5-5.5

15 to 30

6-8.5

45 to 60

9-10.5

90 to 180

11 or more

180 to 360

49.3.m.8.  The multiple medication violation penalty system is not a substitute for the penalty system otherwise set forth in this rule and is intended to be an additional uniform penalty when a permit holder:

49.3.m.8.A. Has more than one violation for the relevant time period; and

49.3.m.8.B.  Exceeds the permissible number of points.

49.3.m.9.  The stewards and the Commission shall consider aggravating and mitigating factors, including the trainer’s prior record for medication violations, when determining the appropriate penalty for the underlying offense.  The multiple medication violation penalty is intended to be a separate and additional penalty for a pattern of violations.

49.3.m.10.  The suspension periods as provided in the table set forth under paragraph 49.3.m.6. shall run consecutive to any suspension imposed for the underlying offense.

49.3.m.11.  The stewards’ or the Commission’s ruling shall distinguish between the penalty for the underlying offense and any enhancement based upon a stewards’ or Commission review of a trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case.

49.3.m.12.  Points shall expire as follows:

Penalty Classification

Time to Expungement

A

3 years

B

2 years

C

1 year

49.3.m.-13.  In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date of the date the suspension is completed.

(b) The legislative rule filed in the State Register on August 18, 2016, authorized under the authority of section six, article twenty-three, chapter nineteen of this code, modified by the Racing Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 19, 2016, relating to the Racing Commission (pari-mutuel wagering, 178 CSR 05), is authorized.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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