§ 1843.4. Multiple Medication Violations (MMV).
4 CA ADC § 1843.4Barclays Official California Code of Regulations
4 CCR § 1843.4
§ 1843.4. Multiple Medication Violations (MMV).
Penalty Class | Points If Controlled Therapeutic Substance | Points If Non-Controlled Substance |
Class A | N/A | 6 |
Class B | 2 | 4 |
Class C | ½ for first violation with an additional ½ point for each additional violation within 365 days | 1 for first violation with an additional ½ point for each additional violation within 365 days |
Class D | 0 | 0 |
If the Board determines that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.
(b) The points assigned to a medication violation by the Board shall be included in the Association of Racing Commissioners International (ARCI) official database and the Board shall assign points consistent with this section for advisory purposes for medication violations where points have not been assigned by regulatory action. Points assigned by such regulatory action shall reflect, in the case of multiple positive tests as described in subsection (d), whether they shall thereafter constitute a single violation. The Board's ruling shall be posted on the official website and within the official database of the ARCI. If an appeal is pending, that fact shall be noted in such Ruling. No points shall be applied until a final adjudication of the enforcement of any such violation.
(c) A trainer's cumulative points for violations in all racing jurisdictions shall be maintained by the Board and ARCI. Once all appeals are waived or exhausted, the points shall immediately become part of the trainer's official Board and ARCI record and shall be considered by the Board in its determination to subject the trainer to the mandatory enhanced penalties by the Board as provided in this regulation.
(d) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official notice by the Board may be treated as a single violation. In the case of a positive test indicating multiple substances found in a single post-race sample, the Board may treat each substance found as an individual violation for which points will be assigned.
(e) The official Board and ARCI record shall be used to advise the Board of a trainer's past record of violations and cumulative points. Nothing in this administrative regulation shall be construed to confer upon a licensed trainer the right to appeal a violation for which all remedies have been exhausted or for which the appeal time has expired as provided by applicable law.
Points | Suspension in days |
5-5.5 | 15 to 30 |
6-8.5 | 30 to 60 |
9-10.5 | 90 to 180 |
11 or more | 360 |
MMV penalties are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee:
The Board shall consider aggravating and mitigating circumstances, including the trainer's prior record for medication violations, when determining the appropriate penalty for the underlying offense within the applicable suspension day range. The MMV is intended to be a separate and additional penalty for a pattern of violations.
Credits
Note: Authority cited: Sections 19440, 19461 and 19580, Business and Professions Code. Reference: Sections 19461, 19580, 19581 and 19582, Business and Professions Code; and Section 11425.50, Government Code.
History
1. New section filed 1-14-2021; operative 4-1-2021 (Register 2021, No. 3).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 4, § 1843.4, 4 CA ADC § 1843.4
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