S.D. Admin. R. 20:04:27:17

Current through Register Vol. 51, page 54, October 28, 2024
Section 20:04:27:17 - Penalties for violations

When imposing a penalty for a violation of any rules pertaining to medication or drugs in a horse, the stewards and the commission shall follow the penalty guidelines established in the Association of Racing Commissioners International Uniform Classification Guidelines Version 14.4 dated December, 2020, and the Association of Racing Commissioners International Uniform Clarification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April 2023, which is incorporated by reference.

A trainer who receives a penalty for a medication violation based on a horse testing positive for a drug Class 1 through 5 with a penalty Class A through C shall be assigned points as follows:

Penalty Class

Points if Controlled Therapeutic Substance

Points if Non-Controlled Substance

Class A

N/A

6

Class B

2

4

Class C

1/2 for first violation with an additional 1/2 point for each additional violation within 365 days

1 for first violation with an additional 1/2 point for each additional violation within 365 days

Class D

0

0

If the stewards or the commission determine that the violation is due to environmental contamination they may assign less points or no points against the trainer based on the specific facts of the case.

The stewards and the commission shall consider all points for violations in all racing jurisdictions as contained in the trainer's official record maintained by the Association of Racing Commissioners International.

In addition to the penalty imposed for the underlying offense the following enhancements shall be imposed upon a trainer based on the cumulative points contained in the trainer's record of violations maintained by the Association of Racing Commissioners International.

Points

Suspension in days

5 to 5.5

15 to 30

6 to 8.5

30 to 60

9 to 10.5

90 to 180

11 or more

180 to 360

The stewards and the commission shall consider aggravating and mitigating circumstances including the trainer's prior record of medication violations when determining the penalty for a violation of these rules.

Multi-medication violation points are intended to be a separate and additional penalty to be imposed upon a trainer who has a pattern of violations.

The stewards or commission ruling shall distinguish between the penalty for the underlying offense and any enhancement penalty based on a stewards or commission review of the trainer's cumulative record of violations.

S.D. Admin. R. 20:04:27:17

43 SDR 150, effective 6/1/2017; 49 SDR 009, effective 8/9/2022; 50 SDR 015, effective 8/13/2023

General Authority: SDCL 42-7-56(4).

Law Implemented: SDCL 42-7-56(4)(11), 42-7-93.

Association of Racing Commissioners International Uniform Classification Guidelines Version 14.4 dated December, 2020 and the Association of Racing Commissioners International Uniform Clarification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April 2023. Copies may be obtained from the Association of Racing Commissioners International web site at www.arci.com free of charge.