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09.10.03 - Maryland Racing Commission - Emergency Regulations

EMERGENCY ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 42, ISSUE 1,
FRIDAY, JANUARY 9, 2015

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Emergency Action
[14-333-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .01-1 under COMAR 09.10.03 Prohibited Acts.

Emergency status began: January 1, 2015.
Emergency status expires: May 31, 2015.

Editor’s Note: The text of this document will not be printed here because it appeared as a Notice of Proposed Action in 41:23 Md. R. 1383—1384 (November 14, 2014), referenced as [14-333-P].

J. MICHAEL HOPKINS
Executive Director

.02 Sanctions.
In addition to a specific sanction applicable to a particular violation, an individual found by the:
  A. Stewards or judges to have violated a provision of this chapter may be subject to:
    (1) (text unchanged)
    (2) The suspension of any license issued by the Commission for a period of up to [90] 360 days[,]; and
    (3) (text unchanged)
  B. (text unchanged)
  C. 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 with Penalty Class A—D, as provided in the most recent version of the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances, shall be assigned points as follows:

Penalty Class Points for Controlled Medication Points for Noncontrolled Medication
Class A N/A 6
Class B 2 4
Class C 1 2
Class D 1/2 1

    (2) The points assigned to a medication violation by the stewards or judges shall not be applied until a final adjudication of the enforcement of any such violation.
    (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 record and shall be considered by the Commission in its determination to subject the trainer to the mandatory enhanced penalties by the stewards or judges as provided in this regulation.
    (4) Multiple positive tests for the same medication incurred by a trainer prior to delivery of the official notice by the laboratory 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 judges may treat each substance found as an individual violation for which points will be assigned.
    (5) The stewards or judges shall consider all points for violations in all racing jurisdictions as contained in the trainer’s official record when determining whether the mandatory enhancements provided in this regulation shall be imposed.
    (6) In addition to the penalty for the underlying offense, the following penalty shall be imposed upon a licensed trainer based upon the cumulative points contained in their official record:

Points Suspension in Days
3—5.5 30
6—8.5 60
9—10.5 180
11 or more 360

    (7) Multiple medication points are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee:
      (a) Has more than one violation for the relevant time period; and
      (b) Exceeds the permissible number of points.
    (8) The suspension periods, as provided in §C(6) of this regulation, shall run consecutive to any suspension imposed for the underlying offense.
    (9) The stewards’ or judges’ ruling shall distinguish between the penalty for the underlying offense and any penalty based upon a steward’s or judge’s review of a the trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case.
    (10) Any trainer who has received points for a medication violation shall have their points expunged from their record as follows:

Penalty Classification Time to Expungement
A Permanent
B 3 years
C 2 years
D 1 year