W. Va. Code R. agency 178, tit. 178, ser. 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 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 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 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 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 15 day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 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 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 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 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 asa dministered | 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.
_______________________________________________________________________________________________
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. agency 178, tit. 178, ser. 178-01, pt. 9, tbl. 178-1 E