††††† 811 KAR 2:100. Disciplinary measures and penalties.

 

††††† RELATES TO: KRS 230.215, 230.260, 230.265, 230.290, 230.300, 230.320, 230.361

††††† STATUTORY AUTHORITY: KRS 230.215, 230.240, 230.260, 230.320

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.260(8) authorizes the commission to promulgate necessary and reasonable administrative regulations under which racing shall be conducted in Kentucky. This administrative regulation establishes the penalty structure for rule violations and also establishes disciplinary powers and duties of the stewards and the commission.

 

††††† Section 1. Definitions. (1) "Associated person" means the spouse of an inactive person, or a companion, family member, employer, employee, agent, partnership, partner, corporation, or other entity whose relationship, whether financial or otherwise, with an inactive person would give the appearance that the other person or entity would care for or train a horse or perform veterinarian services on a horse for the benefit, credit, reputation, or satisfaction of the inactive person.

††††† (2) "Class A drug" means a drug, medication, or substance classified as a Class A drug, medication, or substance in the schedule.

††††† (3) "Class B drug" means a drug, medication, or substance classified as a Class B drug, medication, or substance in the schedule.

††††† (4) "Class C drug" means a drug, medication, or substance classified as a Class C drug, medication, or substance in the schedule.

††††† (5) "Class D drug" means a drug, medication, or substance classified as a Class D drug, medication, or substance in the schedule.

††††† (6) "Companion" means a person who cohabits with or shares living accommodations with an inactive person.

††††† (7) "Inactive person" means a trainer or veterinarian who has his or her license denied or suspended or revoked for thirty (30) or more days pursuant to 811 KAR Chapter 2 or KRS Chapter 230.

††††† (8) "NSAID" means a non-steroidal anti-inflammatory drug.

††††† (9) "Primary threshold" means the thresholds for phenylbutazone, flunixin, and ketoprofen provided in 811 KAR 2:096, Sections 8(1)(a), (b), and (c), respectively.

††††† (10) "Schedule" means the Kentucky Horse Racing Commission Uniform Drug, Medication, and Substance Classification Schedule as provided in 811 KAR 2:093.

††††† (11) "Secondary threshold" means the thresholds for phenylbutazone and flunixin provided in 811 KAR 2:096, Section 8(3)(b) and (c), respectively.

††††† (12) "Withdrawal guidelines" means the Kentucky Horse Racing Commission Withdrawal Guidelines Thoroughbred, Quarter Horse, Appaloosa and Arabians as provided in 811 KAR 2:093.

 

††††† Section 2. General Provisions. (1) An alleged violation of the provisions of KRS Chapter 230 relating to quarter horse, appaloosa and Arabian racing or 811 KAR Chapter 2 shall be adjudicated in accordance with 811 KAR 2:105, KRS Chapter 230, and KRS Chapter 13B.

††††† (2) If a drug, medication, or substance is found to be present in a pre-race or post-race sample or possessed or used by a licensee at a location under the jurisdiction of the commission that is not classified in the schedule, the commission may establish a classification after consultation with either or both of the Association of Racing Commissioners International and the Racing and Medication Testing Consortium or their respective successors.

††††† (3) The stewards and the commission shall consider any mitigating or aggravating circumstances properly presented when assessing penalties pursuant to this administrative regulation. A licensee may provide evidence to the stewards or the commission that the licensee complied fully with the withdrawal guidelines as a mitigating factor.

††††† (4) The commission may suspend or revoke the commission-issued license of an owner, trainer, veterinarian, or other licensee.

††††† (5) A licensee whose license has been suspended or revoked in any racing jurisdiction or a horse that has been deemed ineligible to race in any racing jurisdiction, shall be denied access to locations under the jurisdiction of the commission during the term of the suspension or revocation.

††††† (6) A suspension or revocation shall be calculated in Kentucky racing days, unless otherwise specified by the stewards or the commission in a ruling or order.

††††† (7) A person assessed any penalty, including a written warning, pursuant to this administrative regulation shall have his or her name and the terms of his or her penalty placed on the official Web site of the commission and the Association of Racing Commissioners International, or its successor. If an appeal is pending, that fact shall be so noted.

††††† (8) A horse administered a substance in violation of 811 KAR 2:096 may be required to pass a commission-approved examination pursuant to 811 KAR 2:065, Section 10, or be placed on the veterinarianís list pursuant to 811 KAR 2:096, Section 18.

††††† (9)(a) A claimed horse may be tested for the presence of prohibited substances if the claimant requests the test when the claim form is completed and deposited in the associationís claim box. The claimant shall bear the costs of the test. The results of the test shall be reported to the chief state steward.

††††† (b) A person who claims a horse may void the claim if the post-race test indicates a Class A, B, or C drug violation, or a total carbon dioxide (TCO2) level exceeding 37.0 millimoles per liter. If the claim is voided, the person claiming the horse shall then be entitled to reimbursement from the previous owner of all reasonable costs associated with the claiming process and the post-race testing, including the costs of transportation, board, training, veterinary, testing, and any other customary or associated costs or fees.

††††† (c) While awaiting test results, a claimant:

††††† 1. Shall exercise due care in maintaining and boarding a claimed horse; and

††††† 2. Shall not materially alter a claimed horse.

††††† (10) To protect the racing public and ensure the integrity of racing in Kentucky, a trainer whose penalty for a Class A violation or for a Class B third offense violation has not been fully and finally adjudicated may, if stall space is available, be required to house a horse that the trainer has entered in a race in a designated stall for the twenty-four (24) hour period prior to post time of the race in which the horse is entered. If the stewards require the trainerís horse to be kept in a designated stall, there shall be twenty-four (24) hour surveillance of the horse by the association, and the cost shall be borne by the trainer.

††††† (11) A veterinarian who administers, or is a party to, or facilitates the administration of, or is found to be responsible for the administration of a Class A drug to a horse, in violation of 811 KAR 2:096, or who has engaged in prohibited practices in violation of 811 KAR 2:096, shall be reported to the Kentucky Board of Veterinary Examiners and the state licensing Board of Veterinary Medicine by the stewards.

††††† (12) An administrative action or the imposition of penalties pursuant to this administrative regulation shall not constitute a bar or be considered jeopardy to prosecution of an act that violates the criminal statutes of Kentucky.

††††† (13) If a person is charged with committing multiple or successive overages involving a Class C or D drug, the stewards or the commission may charge the person with only one (1) offense if the person demonstrates that he or she was not aware that overages were being administered because the positive test results showing the overages were unavailable to the person charged. In this case, the person alleging that he or she was not aware of the overages shall bear the burden of proving that fact to the stewards or the commission.

 

††††† Section 3. Prior Offenses. A prior offense occurring in Kentucky or any other racing jurisdiction shall be considered by the stewards and by the commission in assessing penalties. The stewards shall attach to a penalty judgment a copy of the offenderís prior record containing 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. (1) Class A drug. A horse that tests positive for a Class A drug shall be disqualified and listed as unplaced and all purse money shall be forfeited. In addition, a licensee who administers, or is a party to or responsible for administering a Class A drug to a horse shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† (a) For a first offense:

††††† 1. A minimum one (1) year suspension, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a three (3) year suspension or revocation. Section 8 of this administrative regulation shall apply to the person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $5,000 to $10,000.

††††† (b) For a second lifetime offense in any racing jurisdiction:

††††† 1. A minimum three (3) year suspension or revocation, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a five (5) year suspension or revocation. Section 8 of this administrative regulation shall apply to the person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $10,000 to $20,000.

††††† (c) For a third lifetime offense in any racing jurisdiction:

††††† 1. A minimum five (5) year suspension or revocation, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a lifetime revocation. Section 8 of this administrative regulation shall apply to the person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $20,000 to $50,000.

††††† (d) Horse ineligible. A horse that tests positive for a Class A drug shall be ineligible to race in Kentucky as follows:

††††† 1. For a first offense, the horse shall be ineligible from zero days to sixty (60) days;

††††† 2. For a second offense in a horse owned by the same owner, the horse shall be ineligible from sixty (60) days to 180 days; and

††††† 3. For a third offense in a horse owned by the same owner, the horse shall be ineligible from 180 days to 240 days.

††††† (2) Class B drug. A horse that tests positive for a Class B drug shall be disqualified and listed as unplaced and all purse money shall be forfeited. In addition, a licensee who administers, or is a party to or responsible for administering a Class B drug to a horse shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† (a) For a first offense:

††††† 1. A minimum fifteen (15) day suspension, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a sixty (60) day suspension or revocation. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $500 to $1,000.

††††† (b) For a second offense within a 365-day period in any racing jurisdiction:

††††† 1. A minimum sixty (60) day suspension, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a 180 day suspension. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $1,000 to $2,500.

††††† (c) For a third offense within a 365-day period in any racing jurisdiction:

††††† 1. A minimum 180 day suspension, absent mitigating circumstances. The presence of aggravating factors may be used to impose a maximum of a one (1) year suspension. Section 8 of this administrative regulation shall apply to the person whose licensing privileges have been suspended or revoked; and

††††† 2. Payment of a fine of $2,500 to $5,000.

††††† (d) Horse ineligible. A horse that tests positive for a Class B drug shall be ineligible to race in Kentucky as follows:

††††† 1. For a first offense, the horse shall be ineligible from zero days to sixty (60) days;

††††† 2. For a second offense in a horse owned by the same owner, the horse shall be ineligible from sixty (60) days to 180 days; and

††††† 3. For a third offense in a horse owned by the same owner, the horse shall be ineligible from 180 days to 240 days.

††††† (3) Class C drug or overage of either permitted NSAID flunixin or ketoprofen.

††††† (a)The following licensees shall be subject to the penalties in paragraphs (b) through (d) of this subsection as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† 1. A licensee who administers, or is a party to or responsible for administering a Class C drug to a horse, in violation of 811 KAR 2:096; and

††††† 2. A licensee who is responsible for an overage of either permitted NSAID flunixin or ketoprofen in the following concentrations in violation of 811 KAR 2:096:

††††† a. Flunixin, greater than 100 ng/ml; or

††††† b. Ketoprofen, greater than 50 ng/ml.

††††† (b) For a first offense:

††††† 1. A suspension or revocation of licensing privileges from zero days to ten (10) days;

††††† 2. Payment of a fine of $250 to $500; and

††††† 3. Forfeiture of purse money won.

††††† (c) For a second offense within a 365-day period:

††††† 1. A suspension or revocation of licensing privileges from ten (10) days to thirty (30) days;

††††† 2. Payment of a fine of $500 to $1,000; and

††††† 3. Forfeiture of purse money won.

††††† (d) For a third offense within a 365-day period:

††††† 1. A suspension or revocation of licensing privileges from thirty (30) days to sixty (60) days;

††††† 2. Payment of a fine of $1,000 to $2,500; and

††††† 3. Forfeiture of purse money won.

††††† (e) Notwithstanding paragraphs (a) through (d) of this subsection, a licensee who administers, or is a party to or responsible for an overage of either permitted NSAID flunixin or ketoprofen in the following concentrations shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† 1. Flunixin (21-99 ng/ml); or

††††† 2. Ketoprofen (11-49ng/ml).

††††† a. For a first offense:

††††† (i) A suspension or revocation of licensing privileges from zero days to five (5) days; and

††††† (ii) Payment of a fine of $250 to $500.

††††† b. For a second offense within a 365-day period:

††††† (i) A suspension or revocation of licensing privileges from five (5) days to ten (10) days; and

††††† (ii) Payment of a fine of $500 to $1,000.

††††† c. For a third offense within a 365-day period:

††††† (i) A suspension or revocation of licensing privileges from ten (10) days to fifteen (15) days.

††††† (ii) Payment of a fine of $1,000 to $2,500; and

††††† (iii) Forfeiture of purse money won.

††††† (4) Overage of permitted NSAID phenylbutazone.

††††† (a) A licensee who administers, or is a party to or responsible for an overage of the permitted NSAID phenylbutazone in a concentration of greater than 2.0 mcg/ml and less than 5.1 mcg/ml shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† 1. For a first offense:

††††† a. Minimum penalty of a written warning up to a maximum penalty of a $500 fine; and

††††† b. The horse may not be eligible to enter until it has been approved for racing by the commission veterinarian.

††††† 2. For a second offense within a 365-day period:

††††† a. Minimum penalty of a written warning up to a maximum penalty of a $750 fine; and

††††† b. The horse shall not be eligible to enter until it has been approved for racing by the commission veterinarian.

††††† 3. For a third offense within a 365-day period:

††††† a. A fine of $500 to $1,000;

††††† b. Forfeiture of purse money won;

††††† c. The horse shall be disqualified and listed as unplaced; and

††††† d. The horse shall not be eligible to enter until it has been approved for racing by the commission veterinarian.

††††† (b) A licensee who administers, or is a party to or responsible for an overage of the permitted NSAID phenylbutazone in a concentration of greater than 5.0 mcg/ml shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† 1. For a first offense, payment of a fine from $1,000 to $1,500; and

††††† 2. For a second offense within a 365-day period:

††††† a. Payment of a fine from $1,500 to $2,500;

††††† b. A suspension of licensing privileges for fifteen (15) days, unless the stewards or the commission finds mitigating circumstances;

††††† c. Forfeiture of purse money won; and

††††† d. The horse shall be disqualified and listed as unplaced.

††††† 3. For a third offense within a 365-day period:

††††† a. A fine of $2,500 to $5,000;

††††† b. A suspension of licensing privileges for thirty (30) days, unless the stewards or the commission finds mitigating circumstances;

††††† c. Forfeiture of purse money won; and

††††† d. The horse shall be disqualified and listed as unplaced.

††††† (5) Furosemide violations.

††††† (a) The following licensees shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† 1. A licensee who administers, or is party to or responsible for administering an overage of furosemide in a concentration greater than 100 ng/ml; and

††††† 2. A licensee who has not administered furosemide when notice has been made that the horse shall run on furosemide pursuant to 811 KAR 2:096, Section 7.

††††† (b) For a first offense:

††††† 1. A suspension or revocation of licensing privileges from zero days to five (5) days; and

††††† 2. Payment of a fine of $250 to $500.

††††† (c) For a second offense within a 365-day period:

††††† 1. A suspension or revocation of licensing privileges from five (5) days to ten (10) days; and

††††† 2. Payment of a fine of $500 to $1,000.

††††† (d) For a third offense within a 365-day period:

††††† 1. A suspension or revocation of licensing privileges from ten (10) days to fifteen (15) days;

††††† 2. Payment of a fine of $1,000 to $2,500; and

††††† 3. Forfeiture of purse money won.

††††† (6) Multiple NSAIDs. A licensee who is responsible for an overage of two (2) of the permitted NSAIDs flunixin, ketoprofen, or phenylbutazone shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† (a) For violations where the concentrations of both of the two (2) permitted NSAIDs is above the primary thresholds:

††††† 1. For a first offense:

††††† a. A suspension or revocation of licensing privileges from zero days to sixty (60) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $500 to $1,000; and

††††† c. Forfeiture of purse money won.

††††† 2. For a second offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from sixty (60) days to 180 days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $1,000 to $2,500; and

††††† c. Forfeiture of purse money won.

††††† 3. For a third offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from 180 days to one (1) year. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $2,500 to $5,000; and

††††† c. Forfeiture of purse money won.

††††† (b) For violations where the concentration of one (1) of the two (2) permitted NSAIDs is above the primary threshold and one (1) of the two (2) permitted NSAIDs is above the secondary threshold:

††††† 1. For a first offense:

††††† a. A suspension or revocation of licensing privileges from zero days to fifteen (15) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $250 to $750; and

††††† c. Forfeiture of purse money won.

††††† 2. For a second offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from fifteen (15) days to thirty (30) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $750 to $1,500; and

††††† c. Forfeiture of purse money won.

††††† 3. For a third offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from thirty (30) days to sixty (60) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked;

††††† b. Payment of a fine of $1,500 to $3,000; and

††††† c. Forfeiture of purse money won.

††††† (c) For violations where the concentrations of both of the two (2) permitted NSAIDs are below the primary threshold and both of the two (2) permitted NSAIDs are above the secondary threshold:

††††† 1. For a first offense:

††††† a. A suspension or revocation of licensing privileges from zero days to five (5) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked; and

††††† b. Payment of a fine of $250 to $500.

††††† 2. For a second offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from five (5) days to ten (10) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked; and

††††† b. Payment of a fine of $500 to $1,000.

††††† 3. For a third offense within a 365-day period:

††††† a. A suspension or revocation of licensing privileges from ten (10) days to fifteen (15) days. Section 8 of this administrative regulation shall apply to a person whose licensing privileges have been suspended or revoked; and

††††† b. Payment of a fine of $1,000 to $2,500.

††††† (7) Class D Drug.

††††† (a) The penalty for a first violation involving a Class D drug shall be a written warning to the trainer and owner.

††††† (b) For multiple violations involving a Class D drug the licensee may be subject to a suspension of licensing privileges from zero days to five (5) days and a fine of no more than $250 as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case.

 

††††† Section 5. Out-of-Competition Testing. The penalties established in 811 KAR 2:150, Section 8, shall apply to violations involving the prohibited substances and practices described in Section 2 of that administrative regulation.

 

††††† Section 6. TCO2 penalties. A person who violates or causes the violation of 811 KAR 2:096, Section 20(6), (7), or (8), shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case:

††††† (1) For a first offense:

††††† (a) A suspension or revocation of licensing privileges from zero days to three (3) months;

††††† (b) Payment of a fine of $1,000 to $1,500; and

††††† (c) Forfeiture of purse money won.

††††† (2) For a second offense:

††††† (a) A suspension or revocation of licensing privileges from three (3) months to six (6) months;

††††† (b) Payment of a fine of $1,500 to $3,000; and

††††† (c) Forfeiture of purse money won.

††††† (3) For a third offense:

††††† (a) A suspension or revocation of licensing privileges from six (6) months to one (1) year;

††††† (b) Payment of a fine of $3,000 to $5,000; and

††††† (c) Forfeiture of purse money won.

††††† (4) For subsequent offenses:

††††† (a) A suspension or revocation of licensing privileges from one (1) year up to a lifetime license revocation; and

††††† (b) Forfeiture of purse money won.

††††† (5) Horse ineligible. A horse that registers a TCO2 level in violation of 811 KAR 2:096, Section 20(6), (7), or (8), shall be ineligible to race in Kentucky as follows:

††††† (a) For a first offense, no period of ineligibility;

††††† (b) For a second offense in the same horse, the horse shall be ineligible from fifteen (15) days to sixty (60) days;

††††† (c) For a third offense in the same horse, the horse shall be ineligible from sixty (60) days to 180 days; and

††††† (d) For a fourth offense in the same horse, the horse shall be ineligible from 180 days to one (1) year.

 

††††† Section 7. Shock Wave Machine and Blood Gas Machine Penalties. A person who violates or causes the violation of 811 KAR 2:096, Section (5), (9), or (10), shall be subject to the following penalties as deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case.

††††† (1) For a first offense:

††††† (a) A suspension or revocation of licensing privileges from one (1) month to three (3) months;

††††† (b) Payment of a fine of $1,000 to $5,000; and

††††† (c) Forfeiture of purse money won.

††††† (2) For a second offense:

††††† (a) A suspension or revocation of licensing privileges from three (3) months to six (6) months;

††††† (b) Payment of a fine of $5,000 to $10,000; and

††††† (c) Forfeiture of purse money won.

††††† (3) For a third offense:

††††† (a) A suspension or revocation of licensing privileges from six (6) months to one (1) year;

††††† (b) Payment of a fine of $10,000 to $20,000; and

††††† (c) Forfeiture of purse money won.

 

††††† Section 8. Persons with a Suspended or Revoked License. (1) A person shall not train a horse or practice veterinary medicine for the benefit, credit, reputation, or satisfaction of an inactive person. The partners in a veterinary practice may provide services to horses if the inactive person does not receive a pecuniary benefit from those services.

††††† (2) An associated person of an inactive person shall not:

††††† (a) Assume the inactive personís responsibilities at a location under the jurisdiction of the commission;

††††† (b) Complete an entry form for a race to be held in Kentucky on behalf of or for the inactive person or an owner or customer for whom the inactive person has worked; or

††††† (c) Pay or advance an entry fee for a race to be held in Kentucky on behalf of or for the inactive person or an owner or customer for whom the inactive person has worked.

††††† (3) An associated person who assumes the responsibility for the care, custody, or control of an unsuspended horse owned (fully or partially), leased, or trained by an inactive person shall not:

††††† (a) Be paid a salary directly or indirectly by or on behalf of the inactive person;

††††† (b) Receive a bonus or any other form of compensation in cash, property, or other remuneration or consideration;

††††† (c) Make a payment or give remuneration or other compensation or consideration to the inactive person or associated person; or

††††† (d) Train or perform veterinarian work for the inactive person or an owner or customer of the inactive person at a location under the jurisdiction of the commission.

††††† (4) A person who is responsible for the care, training, or veterinarian services provided to a horse formerly under the care, training, or veterinarian services of an inactive person shall:

††††† (a) Bill customers directly on his or her bill form for any services rendered at or in connection with any race meeting in Kentucky;

††††† (b) Maintain a personal checking account totally separate from and independent of that of the inactive person to be used to pay expenses of and deposit income from an owner or client of the inactive person;

††††† (c) Not use the services, directly or indirectly, of current employees of the inactive person; and

††††† (d) Pay bills related to the care, training, and racing of the horse from a separate and independent checking account. Copies of the invoices for the expenses shall be retained for not less than six (6) months after the date of the reinstatement of the license of the inactive person or the expiration of the suspension of the inactive personís license.

 

††††† Section 9. Other Disciplinary Measures. (1) A person who violates 811 KAR 2:096, Section 20(2), shall be treated the same as a person who has committed a drug violation of the same class, as determined by the commission after consultation with the Equine Drug Research Council.

††††† (2) A person who violates 811 KAR 2:096, Section 20(3), shall be treated the same as a person who has committed a Class A drug violation.

 

††††† Section 10. Disciplinary Measures by Stewards. Upon finding a violation or an attempted violation of the provisions of KRS Chapter 230 relating to quarter horse, appaloosa and Arabian racing or 811 KAR Chapter 2, if not otherwise provided for in this administrative regulation, the stewards may impose one (1) or more of the following penalties:

††††† (1) If the violation or attempted violation may affect the health or safety of the horse or a participant in a race or may affect the outcome of a race, declare a horse or a licensee ineligible to race or disqualify a horse or licensee in a race;

††††† (2) Suspend or revoke a personís licensing privileges for a period of time of not more than five (5) years as may be deemed appropriate by the stewards in keeping with the seriousness of the violation and the facts of the case;

††††† (3) Cause a person, licensed or unlicensed, found to have interfered with, or contributed toward the interference of the orderly conduct of a race or race meeting, or person whose presence is found by the stewards to be inconsistent with maintaining the honesty and integrity of the sport of horse racing to be excluded or ejected from association grounds or from a portion of association grounds; or

††††† (4) Payment of a fine in an amount not to exceed $50,000 as may be deemed appropriate by the stewards in keeping with the seriousness of the violation and the facts of the case.

 

††††† Section 11. Disciplinary measures by the commission. Upon finding a violation or an attempted violation of the provisions of KRS Chapter 230 relating to quarter horse, appaloosa and Arabian racing or 811 KAR Chapter 2, if not otherwise provided for in this administrative regulation, the commission may impose one (1) or more of the following penalties:

††††† (1) If the violation or attempted violation may affect the health or safety of the horse or a participant in a race or may affect the outcome of a race, declare a horse or a licensee ineligible to race or disqualify a horse or licensee in a race;

††††† (2) Suspend or revoke a person's licensing privileges for a period of time of not more than five (5) years as may be deemed appropriate by the commission in keeping with the seriousness of the violation;

††††† (3) Eject or exclude persons from association grounds for a length of time the commission deems necessary; or

††††† (4) Payment of a fine in an amount not to exceed $50,000 as may be deemed appropriate by the commission in keeping with the seriousness of the violation and the facts of the case. (Recodified from 812 KAR 1:100, 6-10-87; 38 Ky.R. 2093; 39 Ky.R. 251; eff. 8-31-12.)