1. (1) When imposing penalties for a violation of s. Game 14.03, 14.04, or 14.05 the stewards and the division shall consider but not be limited to the following factors:

   1. (a) The nature of the effect foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;
   2. (b) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country;
   3. (c) The age and experience of the violator;
   4. (d) Whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;
   5. (e) What action, if any, was taken to avoid such violation;
   6. (f) The average handle at the race meeting where the violation occurred and the purse of the race.

2. (2) When imposing penalties for a violation of s. Game 14.16 the stewards and the division shall consider but not be limited to the following matters:

   1. (a) What action, if any, was taken by the trainer to guard the animal during the 24 hours prior to the race;
   2. (b) What action, if any, was taken by the trainer to guard the animal during the period between entry and the race;
   3. (c) The nature of the effect of foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;
   4. (d) The accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country, etc.;
   5. (e) The age and experience of the trainer;
   6. (f) Whether the trainer has been the subject of a medication ruling in this or any other racing jurisdictions;
   7. (g) The average handle at the race meeting where the violation occurred and the purse of the race.
3. (3) The steward shall not be required to specifically articulate any of the foregoing in their ruling nor shall ignorance of the rules be deemed a mitigating factor.

History

History: Cr. Register, March, 1990, No. 411, eff. 4-1-90; correction in (1) (intro.) and (2) (intro.), made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471.