N.Y. Comp. Codes R. & Regs. tit. 1 § 352.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 352.5 - Penalties

The owner of any horse which tests positive for the presence of drugs shall be held responsible for the violation.

(a) First violation. Within 15 days from the date of the notice of the first violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40.

(b) Second violation. Within 15 days from the date of notice of the second violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40.

(c) Third violation. Within 15 days from the date of the notice of the third violation, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40. Further, the owner shall thereafter be prohibited from participating in pulling contests at fairs for two years from the date of the notification of the third violation.

(d) Succeeding violations. Within 15 days from the date of the notice of succeeding violations, the owner shall return to the director for refund to the appropriate fair, any premium awarded in the horse pulling contest for which the sample was taken. The owner shall be subject to a penalty pursuant to Agriculture and Markets Law, section 40. Further, the owner shall be prohibited from participating in pulling contests at fairs for five years from the date of the notification of the succeeding violation.

(e) Failure to return the premium within the 15-day period will result in the exclusion of the owner from participation in pulling contests at fairs thereafter, unless a request for hearing has been made pursuant to subdivision (f) of this section.

(f) If, within 15 days from the date of the notice of any violation, the owner makes a written request to the commissioner for a hearing, the commissioner, upon reasonable notice to all parties and to the fair at which the pulling contest was held and at which the sample in question was taken, shall fix a date for a hearing to be held pursuant to article 3 of the Agriculture and Markets Law of the State of New York and the rules and regulations of the New York State Department of Agriculture and Markets.

(1) Each request for a hearing must be accompanied by a security deposit in the form of a certified check or money order equal to the amount of premium moneys received in the pulling contest at which the alleged violation occurred. If, subsequent to the date of the pulling contest at which the violation occurred and before the determination is made upon the hearing, the owner receives any premium moneys from any other pulling contests in fairs, the amount of the security deposit shall be increased by the amount of such premium.

(2) After such hearing, the commissioner shall issue a determination and order setting forth any penalties which shall be assessed and the grounds upon which they are based, and any premium moneys which must be returned. The security deposit shall be applied to the payment of premium moneys. Any balance of security deposit funds remaining after such payments are deducted shall be returned to the owner. As required in this Part, the commissioner shall also order that the owner be prohibited from participating in pulling contests.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 352.5