§3057 Rule Violations and Civil Sanctions

Summary

The Authority must write rules that list what counts as safety, performance, and anti-doping rule violations for covered horses and covered people. The rules can hold trainers strictly responsible for banned drugs or methods, for allowed drugs above the limit, or for forbidden uses of allowed methods. They can also cover attempted use or possession, actual possession, giving or trying to give a banned substance, refusing a sample test, not cooperating or lying in an investigation, tampering (including interfering with officials, giving fake information, or trying to scare witnesses), trafficking, helping others break rules or hide violations, and trying to stop people from reporting problems. At least 120 days before the program effective date, the Authority must set standards and procedures for accrediting and testing labs, and the anti-doping and medication control enforcement agency will run accreditation and audits and can send certain tests to specialist labs. The Authority may extend temporary accreditation to labs formerly accredited by the Racing Medication and Testing Consortium, Inc. States may pick an accredited lab to test samples; if a State does not, the Authority will pick one. Also at least 120 days before the program effective date, the Authority must set rules for results handling and discipline, including notice, hearings, burden of proof, evidence rules, appeals, and confidentiality. The rules must provide fair due process with impartial decision-makers. The Authority must make uniform civil sanctions that fit horse racing, ensure fair races, and deter violations. Sanctions may include lifetime bans, purse forfeiture, fines, and changing race results, and anti-doping violators may get a chance to reduce penalties similar to the Protocol for Olympic Movement Testing of the United States Anti-Doping Agency. The Authority may propose rule changes to the Commission under section 3053.