The Multiple Medication Violation Penalty System mandates enhanced penalties for repeat violators of the racing industry’s medication regulations and is designed to address trainers who habitually violate the regulations.
The program assigns points to each medication violation based upon the particular medication’s penalty class (Class A through Class C), similar in design to the motor vehicle licensing system. Trainers are subject to mandatory penalties when they exceed a specified number of penalty points within a specified time frame. Points (with the exception of those for Class A violations) expire after a specified time has elapsed.
The program applies only to medication violations. Other state racing regulatory violations are not subject to the penalty system.
Typically, the appropriate regulatory authority will consult the ARCI Penalty Guidelines in adjudicating each underlying individual violation. The multiple medication violation penalties are issued in addition to, and not instead of, any underlying violation and penalty.
After a regulatory agency adjudicates a medication violation and assigns points for that violation, it must then consult the trainer’s points record as reflected in the ARCI national database. If the points on the trainer’s record exceed a specified threshold, the regulatory agency must then impose a separate additional penalty. Suspension under the multiple medication violation system must run consecutive to the underlying penalty and may not be served concurrently with another suspension.
Mandatory penalties can only result from multiple violations and not from points incurred from a single violation. For example, if a trainer incurs points from a single Class A or Class B prohibited substance violation and does not have any points on his/her record, the MMV would not apply.
Stewards and commissions can only exercise discretion when: 1) assigning points if it is determined that the violation is due to environmental contamination; or 2) assigning suspension days within the range specified for points thresholds.
Points do not attach to a trainer’s record until there is a final adjudication of the violation. Points go back to the date the violation occurred and not to the final date of adjudication. The time period after which a trainer may apply to expunge points from his/her record runs from the date of final adjudication of the violation and not from the date of the violation.
Regulators are required to report all finally adjudicated medication violations, and the assigned points, to the ARCI for entry into the national database. Regulators will consult the ARCI database to obtain a trainer’s current record and points.
Here is a link to the ARCI Uniform Classification Guidelines for Foreign Substances, which lists all medications, their Classification (Class 1-5) and Penalty Class (Class A-D).
Here are the points system, mandatory suspensions and time for expiration of points: