WSR 17-07-056
PERMANENT RULES
HORSE RACING COMMISSION
[Filed March 10, 2017, 3:23 p.m., effective April 10, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Adds a matrix to address penalties given to trainer[s] that have multiple medication violations within a three hundred sixty-five day period.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 17-04-064 on January 30, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 1, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 10, 2017.
Douglas L. Moore
Executive Secretary
NEW SECTION
WAC 260-84-125 Multiple medication violations.
(1) A trainer who receives a penalty for a medication violation based upon a horse testing positive for a class 1-5 medication, as provided in WAC 260-70-685 shall be assigned points based upon the substances penalty class designation for the substance.
Class
Points if Threshold is Established by WHRC
Points if No Threshold is Established by WHRC
Class A
N/A
6
Class B
2
4
Class C
1/2, with incremental increases of 1/2 point for each additional violation within 365 days
1, with incremental increases of 1/2 point for each additional violation within 365 days
Class D
0
0
If the stewards or commission determine that the violation is due to environmental contamination, they may assign fewer or no points against a trainer based on specific facts of the case.
(a) The points assigned to a medication violation shall be included in the steward's or commission ruling. The ruling will contain the penalty imposed for the original violation as defined in chapters 260-70 and 260-84 WAC.
(b) If an appeal is filed after the original ruling is issued, a second ruling will be issued citing the appeal and stating that no points shall be applied until the licensee has exhausted their rights of appeal.
(c) If the trainer's point total exceeds the limit for a secondary suspension, a conference will be held to assess the suspension. Once all appeals period have expired or all appeals are exhausted or waived, the second conference will be held at which time the points, based on the WHRC guidelines shall immediately become part of the trainer's record and shall then subject the trainer to the enhanced penalties imposed by the stewards or commission.
(d) A trainer's cumulative points, based on the commission guidelines, for violations in all jurisdictions shall be used in determining the enhanced penalty for medication violations and whether enhanced penalties shall be imposed. Points will be reported to Association of Racing Commissioners International and become part of the trainer's official record.
(e) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice of the violations by the commission may be treated as a single violation.
(f) The official ARCI record of the trainer's past violations shall be prima facie evidence of a trainer's past violations.
(2) In addition to the penalty imposed for the original violation, the following enhanced penalty shall be imposed upon a trainer based on the cumulative points as determined by the stewards or commission.
Points
Suspension in Days
5 to 5.5
15 to 30 days
6 to 8.5
30 to 60 days
9 to 10.5
90 to 180 days
11 or more
180 to 360 days
(a) Enhanced penalties for multiple medication violations are not a substitute for the original penalty and are intended to be an additional penalty when the licensee:
(i) Has more than one violation for the relevant time period; and
(ii) Exceeds the permissible number of points.
(b) The suspension periods as provided above shall run consecutive to any suspension imposed for the original offense. The stewards or commission ruling shall distinguish the penalty for the original offense and enhanced penalty based on the trainer's cumulative points.
(c) Points shall expire as follows:
Penalty Classification
Expunged Time
Class A
3 years
Class B
2 years
Class C
1 year
In the case of a medication violation that results in a suspension, any points assessed expire on the anniversary date when the suspension is completed.