NY to Adopt ARCI Rules on Multiple Violations

New York regulators have preliminarily adopted a new system of minimum penalties for multiple equine drug violations, similar to a point-type system that states have in place for motor vehicle drivers.



The rules, recommended by the Association of Racing Commissioners International, would set a specific number of points for equine drug violators based on the type of drug found in a horse that would then lead to an automatic license suspension for a minimum, pre-determined period of time.



"The new rules are designed to ensure that every state imposes a mandatory minimum penalty whenever a horseperson, typically the trainer, reaches a certain level of multiple equine drug violations," according to a New York Gaming Commission staff document to the agency's board. The proposed rulemaking action was adopted Dec. 22 by the board.



The document states that an illegal drug with "a high potential" to affect a race's outcome would be assigned the highest number of points. New York officials say the state has not had the same problem as seen in some other racing jurisdictions in which stewards do not always take into account previous equine drug violations.



Still, the rules would "serve a prophylactic purpose in New York," the agency document states. "Our rule proposal explicitly permits our stewards, for a person's latest equine drug violation, to continue to enhance the penalty based on the person's prior violations, but allows our official who assesses the mandatory enhancement to ensure that the person is not punished twice," the agency document states.



The rules stress the proposed penalties will be a floor in the state. New York, according to the proposed rulemaking adopted Dec. 22, requires that the racing commission "continue to apply its own much broader and stricter standards when determining the appropriate penalty for the precipitating and other equine drug violations."



Drug violations that are assigned the Class A level by the ARCI's penalty guidelines, for instance, will be set with an automatic six points against violators. Drugs in ARCI's Penalty Class B will be worth four points on a person's license, as will drugs not listed by the ACRI guidelines but have a "high degree" of affecting a race performance, and "has a high potential for abuse or has no generally accepted veterinary use in racing horses." In that category, points levied against someone during the prior three years will be added to the number assigned in a new violation.



Points will not be imposed for drugs that have no effect "on the physiology of a racing horse except to improve nutrition or to treat or prevent infections or parasite infestations," and no points will be counted for violations occurring before Jan. 1, 2014, according to the provisions that will now go before a normal rulemaking process before being given likely final adoption next year.



The penalties range for getting points in different time periods. For instance, a minimum license suspension of 30 days for someone getting slapped with three to 5 1/2 points, while a total of 11 accumulated points will be worth at least a one-year suspension. License suspension can still be stayed during adjudicatory hearings.



The New York agency said the rules have widespread support, including by groups such as the New York Racing Association, The Jockey Club and, the New York Thoroughbred Horsemen's Association.



The Racing Commission's staff declined to back one of The Jockey Club's recommendation, which would have had a group such as the ARCI keep tallies of penalties and to be charged with notifying states of penalties.



"While the commission has participated in ARCI for several decades, primarily because ARCI serves as the database for al of the racing commissions' rulings, and is participating in submitting New York rule violations in a format that will allow ARCI to provide such information as a recommendation, staff did not make this suggested revision because it would be unlawful for the commission to delegate its authority for licensing sanctions," the staff memo to the racing commission states.