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09.10.03 - Maryland Racing Commission - Final Regulations

FINAL ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 44, ISSUE 8,
FRIDAY, APRIL 14, 2017

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

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

Notice of Final Action
[17-077-F]

On March 23, 2017, the Maryland Racing Commission adopted amendments to Regulation .02 under COMAR 09.10.03 Prohibited Acts. This action, which was proposed for adoption in 44:3 Md. R. 192 (February 3, 2017), has been adopted as proposed.

Effective Date: April 24, 2017.

J. MICHAEL HOPKINS
Executive Director

.02 Sanctions.
In addition to a specific sanction applicable to a particular violation, an individual found by the:
  A.—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] C, 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 (text unchanged)  
Class B (text unchanged)  
Class C [1] 1/2, with incremental increases of 1/2 point for each additional violation within 365 days [2] 1, with incremental increases of 1/2 point for each additional violation within 365 days
Class D [1/2] 0 [1] 0

    (2)—(3) (text unchanged)
    (4) If the Stewards, Judges, or Commission determine that the violation is due to environmental contamination, they may assign fewer or no points against the trainer based upon the specific facts of the case.
    [(4)] (5)—[(5)] (6) (text unchanged)
    [(6)] (7) 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] 5-5.5 [30] 15 to 30
6—8.5 [60] 30 to 60
9—10.5 [180] 90 to 180
11 or more [360] 180 to 360

    [(7)] (8)—[(9)] (10) (text unchanged)
    [(10)] (11) [Any] Points assigned to a trainer [who has received points] for a medication violation shall [have their points expunged] expire on the anniversary date of the date the suspension is completed [from their record] as follows:

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