20 : 04 : 27 : 17 . Penalties for violations. When imposing a penalty for a violation of any rules pertaining to medication or drugs in a horse, the stewards and the commission shall follow the penalty guidelines established in the Association of Racing Commissioners (ARCI) International Uniform Classification Guidelines Version 14.4 dated December, 20 20 , and the Uniform Clarification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April, 2023 .

A trainer penalized for a medication violation based on a horse testing positive for a drug classified as a Class 1 through 5 with a penalty of Class A through C must be assigned points as follows:

Penalty Class

Points if Controlled

Therapeutic Substance

Points if Non-Controlled

Substance

Class A

N/A

6

Class B

2

4

Class C

1/2 for first violation with an additional 1/2 point for each additional violation within 365 days

1 for first violation with an additional 1/2 point for each additional violation within

365 days

Class D

0

0

If the stewards or the commission determine that the violation is due to environmental contamination they may assign less points or no points against the trainer based on the specific facts of the case.

The stewards and the commission shall consider all points for violations in all racing jurisdictions as contained in the trainer's official record maintained by ARCI.

In addition to the penalty imposed for the underlying offense the following enhancements must be imposed upon a trainer based on the cumulative points contained in the trainer's record of violations maintained by ARCI.

Points

Suspension in days

5 to 5.5

15 to 30

6 to 8.5

30 to 60

9 to 10.5

90 to 180

11 or more

180 to 360

The stewards and the commission shall consider aggravating and mitigating circumstances including the trainer's prior record of medication violations when determining the penalty for a violation of these rules.

Multi-medication violation points are a separate and additional penalty to be imposed upon a trainer who has a pattern of violations.

The stewards or commission ruling shall distinguish between the penalty for the underlying offense and any enhancement penalty based on the stewards or commission review of the trainer's cumulative record of violations.

Reference: Association of Racing Commissioners International (ARCI), ARCI Controlled Therapeutic Medication Schedule for Horses Version 4.2.1 dated December, 2020 and Uniform Classification Guidelines for Foreign Substances and Recommended Penalties Model Rule Version 16.0 dated April, 2023. Copies of both documents may be obtained from the ARCI website at www.arci.com free of charge.

Source: 43 SDR 150 , effective June 1, 2017; 49 SDR 9, effective August 9, 2022; 50 SDR 15, effective August 13, 2023 .

General Authority: SDCL 42-7-56 (4).

Law Implemented: SDCL 42-7-56 (4) (11), 42-7-93 .

Prior versions effective: 2022-08-09, 2017-06-01.