W. Va. Code R. tit. 178, series 178-01, pt. 9, tbl. 178-1 E
The following are recommended penalties for violations due to the presence of a drug carrying a Category "A" penalty.
LICENSED TRAINER | ||
1st Offense Minimum one (1) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three (3) year suspension. AND Minimum fine of $10,000.00 or 10% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $25,000.00 or 25% of purse (greater of the two). AND May be referred to the Racing Commission for any further action deemed necessary by the Commission. | 2nd LIFETIME offense in any jurisdiction Minimum three (3) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of permit revocation with no reapplication for a three (3) year period. AND Minimum fine of $25,000.00 or 25% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $50,000.00 or 50% of purse (greater of the two). AND May be referred to the Racing Commission for any further action deemed necessary by the Commission. | 3rd LIFETIME offense in any jurisdiction Minimum five (5) year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of permit revocation with no reapplication for a five (5) year period. AND Minimum fine of $50,000.00 or 50% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000.00 or 100% of purse (greater of the two). AND May be referred to the Racing Commission for any further action deemed necessary by the Commission. |
LICENSED OWNER | ||
1st Offense Disqualification and loss of purse. AND Horse shall be placed on the veterinarian's list for one hundred eighty (180) days and must pass a Commission approved examination before becoming eligible to be entered. | 2nd LIFETIME offense in owner's stable in any jurisdiction Disqualification and loss of purse. AND Horse shall be placed on the veterinarian's list for one hundred eighty (180) days and must pass a Commission approved examination before becoming eligible to be entered. | 3rd LIFETIME offense in owner's stable in any jurisdiction Disqualification, loss of purse and $50,000.00 fine. AND Horse shall be placed on the veterinarian's list for one hundred eighty (180) days and must pass a Commission approved examination before becoming eligible to be entered. AND Referral to the Commission with a recommended minimum suspension of ninety (90) days. |
The following are recommended penalties for violations due to the presence of a drug carrying a Category "B" penalty, or for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions of Table 178-1 F of this rule, and for violations of the established levels for total carbon dioxide.
LICENSED TRAINER | ||
1st offense Minimum fifteen (15) day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a sixty (60) day suspension. AND Minimum fine of $500.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $1,000.00. | 2nd offense (365 day period in any jurisdiction) Minimum thirty (30) day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180 day suspension. AND Minimum fine of $1,000.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $2,500.00. | 3rd offense (365 day period in any jurisdiction) Minimum sixty (60) day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one (1) year suspension. AND Minimum fine of $2,500.00 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum fine of $5,000.00 or 5% of purse (greater of the two). AND May be referred to the Racing Commission for any further action deemed necessary by the Commission. |
LICENSED OWNER | ||
1st offense Disqualification and loss of purse [in the absence of mitigating circumstances]. AND Horse must pass a Racing Commission approved examination before becoming eligible to be entered. | 2nd offense in stable (365 day period in any jurisdiction) Disqualification and loss of purse [in the absence of mitigating circumstances]. AND Horse must pass a Racing Commission approved examination before becoming eligible to be entered. | 3rd offense in stable (365 day period in any jurisdiction) Disqualification, loss of purse and in the absence of mitigating circumstances a $5,000.00 fine. AND Horse shall be placed on the veterinarian's list for forty-five (45) days and must pass a Racing Commission approved examination before becoming eligible to be entered. |
The following are recommended penalties for violations due to the presence of a drug carrying a Category "C" penalty and overages for permitted NSAIDs and furosemide: (All concentrations are for measurements in serum or plasma.)
LICENSED TRAINER | Phenylbutazone (>2.0-5.0 mcg/ml)* Flunixin (>20-100 ng/ml) Ketoprofen (2-50 ng/ml) Furosemide (100 ng/ml) and/or no furosemide when identified as administered | Phenylbutazone (5.0 mcg/ml) Flunixin (100 ng/ml) Ketoprofen (50 ng/ml) and CLASS C VIOLATIONS |
1st Offense (365-day period) in any jurisdiction | Minimum of a written warning to a maximum fine of $500.00 | Minimum fine of $1,000.00 absent mitigating circumstances |
2nd Offense (365-day period) in any jurisdiction | Minimum of a written warning to a maximum fine of $750.00 | Minimum fine of $1,500.00 and 15-day suspension absent mitigating circumstances |
3rd Offense (365-day period) in any jurisdiction | Minimum fine of $500.00 and to a maximum fine of $1,000.00 | Minimum fine of $2,500 and 30-day suspension absent mitigating circumstances |
LICENSED OWNER | Phenylbutazone (2.0-5.0 mcg/ml)* Flunixin (20-100 ng/ml) Ketoprofen (2-50 ng/ml) Furosemide (100 ng/ml) and/or no furosemide when identified as administered | Phenylbutazone (5.0 mcg/ml) Flunixin (100 ng/ml) Ketoprofen (50 ng/ml) and CLASS C VIOLATIONS |
1st Offense (365-day period) in any jurisdiction | Horse may be required to pass a Racing Commission approved examination before being eligible to run. | Loss of purse in the absence of mitigating circumstances. Horse must pass commission-approved examination before being eligible to run. |
2nd Offense (365-day period) in any jurisdiction | Horse may be required to pass a Racing Commission approved examination before being eligible to run. | Loss of purse. If same horse, placed on veterinarian's list for 45 days, must pass commission-approved examination before being eligible to run |
3rd Offense (365-day period) in any jurisdiction | Disqualification and loss of purse. Horse must pass Racing Commission approved examination before being eligible to run. | Loss of purse. Minimum $5,000.00 fine. If same horse, placed on veterinarian's list for 60 days, must pass commission-approved examination before being eligible to run |
*If the trainer has not had more than one violation within the previous two years, the stewards are encouraged to issue a warning in lieu of a fine provided the reported level is below 3.0 mcg/ml, absent aggravating factors.
After a two year period, if the permit holder has had no further violations, any penalty due to an overage in the 2.0 - 5.0 category shall be expunged from the permit holder's record for penalty purposes.
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The recommended penalty for a violation involving a drug that carries a Category "D" penalty is a written warning to the trainer and owner. Multiple violations may result in fines and/or suspensions.
W. Va. Code R. tit. 178, series 178-01, pt. 9, tbl. 178-1 E