Kentucky Administrative Regulations
Title 810 - PUBLIC PROTECTION CABINET - KENTUCKY HORSE RACING COMMISSION
Chapter 8 - Medication Guidelines
Section 810 KAR 8:030 - Disciplinary measures and penalties
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 230.215, 230.260, 230.265, 230.290, 230.300, 230.310, 230.320, 230.361
NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) and 230.260(8) authorize the Kentucky Horse Racing Commission to promulgate administrative regulations under which racing shall be conducted in Kentucky. KRS 230.240(2) requires the commission to promulgate administrative regulations restricting or prohibiting the use and administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race. This administrative regulation establishes the penalty structure for rule violations and also establishes disciplinary powers and duties of the stewards, judges, and the commission.
Section 1. Definitions.
Section 2. General Provisions.
Section 3. Prior Offenses. A prior offense occurring in Kentucky or any other racing jurisdiction shall be considered by the stewards, judges, and the commission in assessing penalties. The stewards or judges shall attach to a penalty judgment a copy of the offender's prior record listing violations that were committed both inside and outside of Kentucky.
Section 4. Penalties for Class A, B, C, and D Drug Violations and NSAID and Furosemide Violations.
First offense |
Second lifetime offense in any racing jurisdiction |
Third lifetime offense in any racing jurisdiction |
One (1) to three (3) year suspension, absent mitigating circumstances; AND $10,000 to $25,000 fine, absent mitigating circumstances. |
Three (3) to five (5) year suspension, absent mitigating circumstances; AND $25,000 to $50,000 fine, absent mitigating circumstances. |
Five (5) year suspension to a lifetime ban, absent mitigating circumstances; AND $50,000 to $100,000 fine, absent mitigating circumstances. |
First offense |
Second lifetime offense in any racing jurisdiction in a horse owned by the same owner |
Third lifetime offense in any racing jurisdiction in a horse owned by the same owner |
Disqualification and loss of purse; AND Horse shall be placed on the stewards' list or judges' list for sixty (60) days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; AND Horse shall be placed on the stewards' list or judges' list for 120 days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; AND Ninety (90) day suspension, absent mitigating circumstances; AND $50,000 fine, absent mitigating circumstances; AND Horse shall be placed on the stewards' list or judges' list for 180 days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Thirty (30) to sixty (60) day suspension, absent mitigating circumstances; AND $500 to $1,000 fine, absent mitigating circumstances. |
Sixty (60) to 180 day suspension, absent mitigating circumstances; AND $1,000 to $2,500 fine, absent mitigating circumstances. |
180 to 365 day suspension, absent mitigating circumstances; AND $2,500 to $5,000 fine, absent mitigating circumstances. |
First offense |
Second offense within a 365-day period in any racing jurisdiction in a horse owned by the same owner |
Third offense within a 365-day period in any racing jurisdiction in a horse owned by the same owner |
Disqualification and loss of purse; Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges; AND For a cobalt violation, the horse shall be placed on the stewards' list or judges' list until the horse tests below twenty-five (25) parts per billion. The owner shall be responsible for the cost of testing. |
Disqualification and loss of purse; AND Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; AND Horse shall be placed on the stewards' list or judges' list for forty-five (45) days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Zero to ten (10) day suspension absent mitigating circumstances; AND $500 to $1,500 fine absent mitigating circumstances. |
Ten (10) to thirty (30) day suspension absent mitigating circumstances; AND $1,500 to $2,500 fine absent mitigating circumstances. |
Thirty (30) to sixty (60) day suspension absent mitigating circumstances; AND $2,500 to $5,000 fine absent mitigating circumstances. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Disqualification and loss of purse; AND Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; AND If same horse as first offense, horse shall be placed on the stewards' list or judges' list for forty-five (45) days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; $5,000 fine, absent mitigating circumstances; AND If same horse as first and second offenses, horse shall be placed on the stewards' list or judges' list for sixty (60) days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Written warning to a $500 fine, absent mitigating circumstances. |
Written warning to a $750 fine, absent mitigating circumstances. |
$500 to $1,000 fine, absent mitigating circumstances. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges; AND For a cobalt violation, the horse shall be placed on the stewards' list or judges' list until the horse tests below twenty-five (25) parts per billion. The owner shall be responsible for the cost of testing. |
Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
If same horse as first and second offenses, disqualification and loss of purse; AND Horse may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Concentrations of both permitted NSAIDs above the NSAID threshold. |
|
First offense |
Zero to sixty (60) day suspension, absent mitigating circumstances; AND $500 to $1,000 fine, absent mitigating circumstances. |
Second offense within a 365-day period in any racing jurisdiction |
Sixty (60) to 180 day suspension, absent mitigating circumstances; AND $1,000 to $2,500 fine, absent mitigating circumstances. |
Third offense within a 365-day period in any racing jurisdiction mitigating circumstances. |
180 to 365 day suspension, absent mitigating circumstances; AND $2,500 to $5,000 fine, absent |
Concentrations of both permitted NSAIDs above the NSAID threshold. |
|
First offense |
Disqualification and loss of purse. |
Second offense within a 365-day period in any racing jurisdiction |
Disqualification and loss of purse. |
Third offense within a 365-day period in any racing jurisdiction |
Disqualification and loss of purse. |
One (1) to four (4) offenses within a 365-day period in any racing jurisdiction |
Five (5) or more offenses within a 365-day period in any racing jurisdiction |
Zero to five (5) day suspension, absent mitigating circumstances; AND $250 to $500 fine, absent mitigating circumstances. |
Five (5) to ten (10) day suspension, absent mitigating circumstances; AND $500 to $1,000 fine, absent mitigating circumstances. |
Section 5. TCO2 Penalties. The penalties established in subsections (1) and (2) of this section shall apply to a violation of 810 KAR 8:010, Section 21(6), (7), or (8).
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Subsequent offenses within a 365-day period in any racing jurisdicti on |
Zero to ninety (90) day suspensi on, absent mitigating circumstances; AND $1,000 to $1,500 fine, absent mitigating circumst ances. |
Ninety (90) to 180 day suspension, absent mitigating circumstances; AND $1,500 to $3,000 fine, absent mitigating circumstances. |
180 to 365 day suspensi on, absent mitigating circumstances; AND $3,000 to $5,000 fine, absent mitigating circumstances. |
One (1) year suspensi on to lifetime ban, absent mitigating circumstances. |
First offense |
Second offense within a 365-day period in any racing jurisdiction |
Third offense within a 365-day period in any racing jurisdiction |
Subsequent offenses within a 365-day period in any racing jurisdiction |
Disqualif ication and loss of purse. |
Disqualifi cation and loss of purse; AND If same horse as first offense, horse shall be placed on the stewards' list from fifteen (15) to sixty (60) days and may be required to pass a commission-approved examination before being eligible to enter as determin ed by the stewards. |
Disqualifi cation and loss of purse; AND If same horse as first and second offenses, horse shall be placed on the stewards' list from sixty (60) to 180 days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards. |
Disqualif ication and loss of purse; AND If same horse as first, second, and third offenses , horse shall be placed on the steward s' list from 180 to 365 days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards. |
Section 6. Shock Wave Machine and Blood Gas Machine Penalties. The penalties established in subsections (1) and (2) of this section shall apply to a violation of 810 KAR 8:010, Section 21(5), (9), or (10).
First offense |
Second lifetime offense in any racing jurisdiction |
Third lifetime offense in any racing jurisdiction |
Thirty (30) to sixty (60) day suspension absent mitigating circumstances; AND $1,000 to $5,000 fine absent mitigating circumstances. |
Sixty (60) to 180 day suspension absent mitigating circumstances; AND $5,000 to $10,000 fine absent mitigating circumstances. |
180 to 365 day suspension absent mitigating circumstances; AND $10,000 to $20,000 fine absent mitigating circumstances. |
First offense |
Second lifetime offense in any racing jurisdiction |
Third lifetime offense in any racing jurisdiction |
Disqualification and loss of purse. |
Disqualification and loss of purse; AND If same horse as first offense, horse shall be placed on the stewards' list or judges' list from fifteen (15) to sixty (60) days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Disqualification and loss of purse; AND If same horse as first and second offenses, horse shall be placed on the stewards' list or judges' list from sixty (60) to 180 days and may be required to pass a commission-approved examination before being eligible to enter as determined by the stewards or judges. |
Section 7. Persons with a Suspended or Revoked License.
Section 8. Other Disciplinary Measures.
Section 9. Disciplinary Measures by Stewards or Judges. Upon finding a violation or an attempted violation of the provisions of KRS Chapter 230 or KAR Title 810, if not otherwise provided for in this administrative regulation, the stewards or judges may impose one (1) or more of the following penalties:
Section 10. Disciplinary Measures by the Commission.
STATUTORY AUTHORITY: KRS 230.215(2), 230.240(2), 230.260(8), 230.265, 230.320