Current through Register Vol. 48, No. 38, September 20, 2024
a) Any person who
administers or conspires to administer any foreign substance to any horse in
violation of this Part shall be subject to a fine and/or license suspension or
revocation and the purse money won may be redistributed.
b) Penalties for violations of this Part
shall be based on the following criteria:
1)
the nature of the foreign substance; e.g., cough medicine, steroid, narcotic,
stimulant, depressant, etc.;
2)
the accessibility of the drug; e.g., can be purchased over the counter, only
with a prescription, only with a license for controlled substances, cannot be
purchased in this country;
3) the
age and experience of the violator;
4) whether the violator has ever been the
subject of a medication ruling in this or any other racing
jurisdiction;
5) what action, if
any, was taken by the violator to avoid the violation;
6) the purse of the race.
c) Any person who violates any
provision of this Part for which no specific penalty is provided may be
penalized by the stewards or the Board in accordance with the provisions for
penalties contained elsewhere in this Chapter or in the Illinois Horse Racing
Act of 1975. When imposing penalties, the stewards or the Board shall consider
all relevant factors including, but not limited to those specified in this
Part.
d) In harness racing, any
trainer suspended for a violation of this Part shall, upon notice of the
violation, submit to the Stewards a current stable list on a form provided by
the Board.
1) The horses on the stable list
shall be placed on the Steward's List unless:
A) The owner of each horse on the stable list
secures the services of a trainer approved by the Stewards; and
B) The approved trainer stables the horses on
the stable list on the grounds of an organization licensee for the full term of
the penalized trainer's suspension;
2) Horses on the stable list shall be
permitted to leave to race in other racing jurisdictions or for medical
reasons.
e) Penalties
for Class 4 and 5 drug violations:
1) Class 4
as defined in the Association of Racing Commissioners International Uniform
Classification Guidelines for Foreign Substances (incorporated by reference in
Section
603.60(a)(3)
). Except as provided in Sections
603.60
and
603.70, upon finding
of a Class 4 substance, the trainer shall be subject to a fine and/or license
suspension or revocation and the purse money won may be re-distributed
according to the criteria set forth in subsection (e)(3).
2) Class 5 as defined in the Association of
Racing Commissioners International Uniform Classification Guidelines for
Foreign Substances (incorporated by reference in Section
603.60(a)(3)
). Except as provided in Sections
603.75
and
603.60(c),
upon finding of a Class 5 substance, the trainer shall be subject to a fine
and/or license suspension or revocation and the purse money won may be
re-distributed according to the criteria set forth in subsection
(e)(3).
3) In determining a
disqualification and purse redistribution under this subsection (e), the
Stewards shall use the following criteria:
A)
A recommendation by the Board veterinarian and/or Board chemist regarding the
significance of the concentration of the drug or metabolite present and the
estimated withdrawal time.
B) A
recommendation by industry experts, including equine pharmacologists and equine
physiologists, regarding the effect of the drug on the horse in the
concentration found and/or estimated withdrawal times.
C) Repeat violations of these medication and
prohibited substance rules by the same trainer or with respect to the same
horse.
D) Prior violations of
similar rules in other racing jurisdictions by the same trainer or with respect
to the same horse.
E) The criteria
set forth in subsection (b).
4) The provisions of this subsection (e)
shall be applied retroactively when substantively applicable, including all
actions pending before the Board, without regard to when the cause of action
accrued; provided, however, that this subsection (e)(4) shall not operate to
affect rights of individuals that have fully vested prior to April 23,
2007.
