For Opinion, click here for View from the Racetrack Grandstand

Monday, May 20, 2019

Input Requested on Draft Penalty Guideline Rewrite

Lexington, KY – The Drug Testing Standards and Practices (DTSP) Committee of the Association of Racing Commissions International (ARCI) has released for industry and public comment Proposed Revised Penalty Guidelines for violations of the antidoping or medication rules in horse racing.
The proposed modifications represent the first major rewrite of the penalty guidelines in more than a decade and would dramatically increase sanctions on those violations that can be considered “doping” or “equine endangerment.”
The committee is seeking industry and public input before modifying or advancing the proposed revisions which were developed by a workgroup consisting of past AAEP Presidents Dr. Kathy Anderson, DVM and Dr. Charles Vail, DVM; trainer and former regulator John Ward; current regulators Rick Baedeker (CHRB), Mike Hopkins (MD), and Dan Hartman (CO).
The proposal would create two categories of violations, “Doping or Equine Endangerment” and “Treatment Misapplication & Mismanagement”.
Penalties for “Doping or Equine Endangerment” violations would be effectively doubled from the existing Class A penalties, with a first violation requiring a two to five year suspension of the trainer and a minimum $50,000 fine which could be increased to $100,000 with aggravating circumstances. A second violation in any jurisdiction would trigger a license revocation.
The proposal would also impose a $25,000 fine on an owner if there is a second lifetime offense in the owner’s stable in any jurisdiction. A third offense would suspend the owner for a minimum of thirty days to as much as a year and impose a minimum fine of $50,000 which could be increased to $100,000.
Because of the seriousness of “Doping or Equine Endangerment” violations a summary suspension would be immediately required, regardless of whether there is an appeal or not.
As the ARCI Model Rules require disclosure to a commission or the maintenance of required treatment records for certain substances, a new recommended penalty for failure to do so would require a minimum $500 fine for a first-time offense. A second offense would bring a $2,500 fine, a third offense a $5,000 fine plus referral to the commission for possible license review.
The draft penalty matrix for “Doping and Equine Endangerment” can be downloaded here or at http://arci.com/2019/05/doping-and-equine-endangerment-draft-penalty-matrix/
The draft modified Classification schedule along with suggested penalty categories can be downloaded here or at http://arci.com/2019/05/draft-of-modified-classifications-schedule/. (Please note the tabs at the bottom of the page on the Classification schedule which organizes substances by Class.)
Industry and public comments and proposed modifications to the proposal should be submitted prior to August 1, 2019 and emailed to rules@arci.com.

The ARCI Model Rules Committee will meet in Saratoga Springs on Thursday, August 8, 2019. The Drug Testing Standards and Practices Committee will review comments and proposed changes via a conference call meeting prior to the Saratoga meeting.