Weekly Stewards and Commissions Rulings, Sept. 12-18

Every week, the TDN publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

California

Track: Los Alamitos
Date: 09/15/2023
Licensee: Kent Desormeaux, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Having received notice from the California Horse Racing Board that the appeal of DMTD Ruling #16 (August 3, 2023) has been withdrawn, the original ruling is reinstated. Jockey Kent Desormeaux is suspended for 3 racing days (September 29, 30, and October 1, 2023).

Track: Los Alamitos
Date: 09/15/2023
Licensee: Antonio Fresu, jockey
Penalty: one-day suspension
Violation: Participating in more designated than permitted
Explainer: Jockey Antonio Fresu is suspended for 1 additional suspension day (October 15, 2023) pursuant to California Horse Racing Board rule #1766 (Designated Races – participated in more than one designated race on September 10, 2023).

Track: Los Alamitos
Date: 09/17/2023
Licensee: Armando Aguilar, apprentice jockey
Penalty: Three-day suspension
Violation: Failure to ride mount to the finish
Explainer: Apprentice Jockey Armando Aguilar, who rode Finneus in the ninth race at Los Alamitos Race Course on September 16, 2023, is suspended for 3 racing days (September 30, October 1 & 6, 2023) for violation of California Horse Racing Board rule #1692 (Requirements for Horse, Trainer and Jockey – failure to ride his mount to the finish, costing him a better finish position).

Florida

The following was taken from the ARCI's “recent rulings” webpage.

Track: Gulfstream Park
Date: 09/7/2023
Licensee: Padarath Lutchman, trainer
Penalty: Fifteen-day suspension, $500 fine
Violation: Medication violation
Explainer: Steward's FO # 2023-031317 – F.S. 550.2415 Violation = Clenbuterol. “CORPORATE AFFAIR”

New York

Track: Saratoga
Date: 09/15/2023
Licensee: Robert MacLennan, racing official
Penalty: $2,000 fine
Violation: According to NYRA spokesperson, Pat McKenna, “an inadvertent administrative error during the claims process on September 1 resulted in voided claims.”
Explainer: Racing Official Mr. Robert MacLennan is hereby fined the sum of $2,000 for failing to tend to business in a professional manner necessitating claims to be voided.

Track: Saratoga
Date: 09/17/2023
Licensee: Katherine Davis, jockey
Penalty: Seven-day suspension
Violation: Careless riding
Explainer: For having waived her right to an appeal Jockey Katherine Davis is hereby suspended 7 NYRA racing days inclusive, starting opening day of the Saratoga Race Meet 2024. This for careless riding during the running of the 6th race at Saratoga Racecourse on September 2nd 2023.

Read more on the story here.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

One important note: HISA's whip use limit is restricted to six strikes during a race.

Violations of Crop Rule

Los Alamitos

Adrian Escobedo – violation date Sept 16; $250 fine and one-day suspension, 7 strikes
Hector Berrios – violation date Sept 16; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations

Date: 08/28/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Altrenogest—a banned substance—in a sample taken from Runaway Harry, who won at Presque Isle Downs on 8/28/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/23/2023
Licensee: Dan Blacker, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Miss O'Brien. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/20/2023
Licensee: Totaram Rampersaud, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Jumpster. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/16/2023
Licensee: Robert Leaf Jr., trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Laddie Dance, who won at Delaware Park on 8/16/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/16/2023
Licensee: R. McLane Hendricks, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Cocaine—a banned substance—in a sample taken from Princess Javoncia, who won at Penn National on 8/16/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/14/2023
Licensee: Michael Matz, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Late Frost. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/12/2023
Licensee: Joe Toye, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Glimpse of Gold, who won at Emerald Downs on 8/12/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/12/2023
Licensee: Faustino Patino Lopez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Night to Remember, who finished third at Emerald Downs on 8/12/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/12/2023
Licensee: Leslye Bouchard, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Tomarie. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 07/28/2023
Licensee: John Pimental, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the possible presence or possession of Levothyroxine, a banned substance. This is a possible violation of Rule 3214 (a)—Presence of a Banned Substance or a Banned Method.

Date: 07/18/2023
Licensee: Jason DaCosta, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Gabapentin—Controlled Medications (Class B)—in a sample taken from Poker Partner, who won at Presque Isle Downs on 7/18/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/18/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Mi Tres Por Ciento. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/17/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Graywing, who finished fourth at Finger Lakes on 7/17/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Resolved ADMC Violations

Date: 08/06/2023
Licensee: Cesar De Alba, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dexamethasone—Controlled Medication (Class C)—in a sample taken from Scary Fast Smile, who finished seventh at Del Mar on 8/6/23. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/06/2023
Licensee: Antonio Arriaga, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Jet Set Juliet. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/05/2023
Licensee: Boyd Caster, trainer
Penalty: A fine of $1,500; imposition of 1.5 Penalty Points.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Inside Job. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/05/2023
Licensee: Boyd Caster, trainer
Penalty: A fine of $1,500; imposition of 1.5 Penalty Points.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dixieland Quality. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/04/2023
Licensee: Devarus Douglass, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Pickle Feet. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: David Mohan, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Shoot Themessenger. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: Jorge Maravilla, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone—Controlled Medications (Class C)—in a sample taken from Brookys Tapit, who finished fifth at Santa Rosa on 8/3/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/14/2023
Licensee: Carla Gaines, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Summer Lake. This is a possible violation of Rule 3312— Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/04/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on September 18, 2026; 60-day period of Ineligibility for Covered Horse beginning on August 3, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Kant Beat the Rock, who finished second at Los Alamitos on 7/4/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/25/2023
Licensee: Brittany Russell, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dantrolene—Controlled Medications (Class C)—in a sample taken from Late Night Larry. This is a possible violation of Rule 3312— Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/25/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on March 18, 2025; 60-day period of Ineligibility for Covered Horse beginning on July 13, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from American Cat, who finished fifth at Los Alamitos on 6/25/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/23/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: 18-month period of Ineligibility, beginning on September 18, 2023; 60-day period of Ineligibility for Covered Horse beginning on July 24, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Facts Matter, who won at Los Alamitos on 6/23/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/19/2023
Licensee: Dick Clark, trainer
Penalty: 18-month period of Ineligibility for Covered Person, beginning on January 24, 2031; 60-day period of Ineligibility for Covered Horse, beginning on July 24, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $12,500.
Explainer: For the presence of Methamphetamine—a banned substance—in a sample taken from My Heart's on Fire, who won at Prairie Meadows on 6/19/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/18/2023
Licensee: A Ferris Allen III, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medications (Class B)—in a sample taken from Musical Cat. This is a possible violation of Rule 3312—Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/11/2023
Licensee: Peter Miller, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable).
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Forgiving Spirit, who finished second at Santa Anita on 6/11/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/04/2023
Licensee: Peter Miller, trainer
Penalty: Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable).
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Giver Not a Taker, who finished fourth at Santa Anita on 6/4/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 06/04/2023
Licensee: Peter Miller, trainer
Penalty: 7-day period of Ineligibility, beginning on September 16, 2023; Disqualification of the Covered Horse's race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points.
Explainer: For the presence of Acepromazine—Controlled Medication (Class B)—in samples taken from Anmer Hall, who won at Santa Anita on 6/4/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 05/24/2023
Licensee: Mario Dominguez
Penalty: 2-year period of Ineligibility for Covered Person, beginning on June 15, 2023; 6-month period of Ineligibility for Covered Horse, beginning on May 24, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $5,000; and payment of $10,000 in arbitration costs.
Explainer: For the presence of Cobalt Salts—a banned substance—in a sample taken from Petulant Delight, who finished seventh at Parx Racing on 5/24/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

The post Weekly Stewards and Commissions Rulings, Sept. 12-18 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court

A federal judge has stayed a 14-month-old lawsuit initiated by the states of Louisiana and West Virginia that is trying to wipe out the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations, ordering the case to be “administratively terminated” until the United States Fifth Circuit Court of Appeals makes a ruling in a separate suit in which the Horsemen's Benevolent and Protective Association (HBPA) is also alleging HISA is unconstitutional.

However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling that, “This Order shall not be considered a dismissal or disposition of this matter,” and that he was halting the case while the Fifth Circuit decision played out “without prejudice to the right of the parties to reopen the proceedings.”

This means the plaintiffs (the two states are joined by the Louisiana racing commission, the Louisiana HBPA, the Louisiana Thoroughbred Breeders Association, West Virginia's racing commission, and five individuals regulated as “covered persons” under HISA) and the defendants (the HISA Authority, the Federal Trade Commission [FTC], plus overseers of both entities) must now await the decision–likely to be issued months from now–that will result from the Fifth Circuit oral arguments scheduled Oct. 4.

In 2 1/2 weeks, the National HBPA and 12 of its affiliates will be trying to prove claims that the 2022 rewrite of the HISA law remains “patently unconstitutional,” and that the Authority overseeing the sport “is basically a private police department” whose sweeping powers equate to “oligarchic tyranny.”

The HISA Authority and the FTC will go into those same arguments backed by a lower court's opinion issued in May that ruled HISA is indeed constitutional, because “Congress cured the unconstitutional aspects of HISA's original approach.”

It's also on the judicial record that the U.S. Court of Appeals for the Sixth Circuit upheld the constitutionality of HISA back in March.

One day prior to Judge Doughty's ruling, Magistrate Judge David Ayo wrote in a report that recommended staying the Louisiana case that the multiple, overlapping anti-HISA lawsuits currently swirling in the court system are clogging federal dockets.

“After an exhaustive review of the landscape of suits challenging the Act, this Court concludes that [an amended complaint the plaintiffs had filed] is the result of deliberate strategy” that equated to “an abuse of procedure and an impermissible use of judicial resources,” Judge Ayo wrote in his Sept. 13 report.

The original lawsuit in this case was filed June 29, 2022, alleging that HISA violates the Fourth, Seventh and Tenth Amendments to the U.S. Constitution, plus the Administrative Procedure Act, which governs the process by which federal agencies develop and issue regulations.

The post Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Hong Kong Harry Disqualified from Second Place in GI Turf Classic

Hong Kong Harry (Ire) (Es Que Love {Ire}), who crossed the wire second in the GI Old Forester Bourbon Turf Classic S. at Churchill Downs on Kentucky Derby Day was officially disqualified by the Churchill Downs stewards in an Aug. 26 ruling. The ruling came after the post-race urine sample and a subsequent split sample tested positive for the substance mofebutazone.

In addition, trainer Phil D'Amato was fined $1,000 and owners Scott Anasstasi, Jimmy Ukegawa and Tony Valazazz had to forfeit $194,000 in purse earnings. D'Amato and the owners waived their right to a formal hearing.

The Blood-Horse was the first to report the story.

Mofebutazone is a drug used for joint and muscular pain, but is not approved by the Federal Drug Administration for use in any species. Because it is not FDA approved, it is considered a banned substance under the Horse Racing Safety and Integrity Act (HISA). However, HISA's Anti-Doping and Medication Control Program did not go into effect until May 22. Had HISA rules been in place, D'Amato could have been charged with using a banned substance, which can result in a suspension of up two years and a $25,000 fine.

At deadline for this story, D'Amato's attorney Darrell Vienna had not returned a phone call from the TDN. He told the Blood-Horse, “We presented some evidence and it was reviewed by the stewards,” Vienna said. “Based upon the specific facts and circumstances in the case, the stewards reached what in my opinion was a fair and appropriate decision. What we're talking about is a substance that is essentially very weak (phenylbutazone). The substance, to my client's knowledge, he neither administered nor caused it to be administered. It was basically of unknown origin.”

This was the third disqualification from a race run during Kentucky Derby week due to a drug positive. In 2020, Gamine (Into Mischief) was disqualified after crossing the wire third in the GI Kentucky Oaks after testing positive for betamethasone for trainer Bob Baffert. The following year, the Baffert-trained Medina Spirit (Protonico) also tested positive for betamethasone after crossing the wire first in the GI Kentucky Derby. Owner Amr Zedan is still contesting Medina Spirit's disqualification in court.

The post Hong Kong Harry Disqualified from Second Place in GI Turf Classic appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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HISA In Depth: The Procedures Surrounding A Provisional Suspension

Editor's note: This is the latest in a series in the TDN to help industry members better understand the procedures under the new HISA and HIWU regulations.

TDN: Please explain the rules on what happens during a Provisional Suspension. Are my employees still allowed to care for my horses? Can my assistant trainer be in charge? Or do I have to have them moved to an entirely new barn with new help?

HISA:It is true that there have been some changes in the procedures surrounding a Provisional Suspension, along with a lot of misinformation. Here is what happens when your horse tests positive for a Banned (not Controlled) Substance.

First, when you receive notification of a positive test, you can decide if you want to have the split, or B sample, tested.

If you do want to have it tested:

  • Your Provisional Suspension will not start until your B sample result comes back. During this time, you may continue to train and race your horses without interruption.
  • You must pay the B sample analysis fee ($2,000) within seven calendar days of requesting it. In cases of financial hardship, a payment plan may be available.
  • If your B sample result does not confirm the A sample finding, the case against you is dismissed and you are refunded the $2,000 for the B sample analysis.
  • If your B sample result confirms the A, you will be allowed to race any horses that you had already entered prior to notification of the B sample confirmation. In all other respects, your Provisional Suspension goes into effect when you are notified of the B sample results.

If you do not want to have the B sample tested:

  • You may race any horses entered to race prior to Notification of the positive test.
  • However, in all other respects, your Provisional Suspension goes into effect when you either waive your right to have the B sample tested or do not notify HIWU of your decision within five days of being notified of the A sample result.

It should be noted that there are exceptions to the opportunity to postpone the implementation of a Provisional Suspension:

  • There is a subset of Banned Substances that will trigger an immediate Provisional Suspension upon notice of the A sample result.
  • If a trainer has more than one horse test positive for the same Banned Substance within a six-month period or has received notices for potential violations related to a Banned Substance in addition to a positive test result (e.g., possession or use), they are not eligible for the delayed imposition of a Provisional Suspension.

TDN: What happens when your Provisional Suspension goes into effect?

HISA: You and your staff can continue looking after the horses under your care, however, these horses cannot breeze or be entered to race unless they are transferred to another responsible person (a trainer, for example) in a bona fide transfer approved by the stewards and registered in the HISA Portal.

You also:
a) must take down or cover any personal signage bearing your name or related to your operations where horses are located at the racetrack
b) cannot claim horses or bring new horses into your barn
c) cannot be employed within the Thoroughbred horseracing industry in any other capacity where you come into contact with covered horses (including, but not limited to acting as an agent for an owner or working as an exercise rider.
d) After the imposition of the Provisional Suspension, you can request a Provisional Suspension Hearing (limited to the issue of whether to lift the suspension) or a final hearing to conclude your case as soon as possible. A Provisional Suspension Hearing may be convened as soon as 48 hours after it is requested.

TDN: How long is my suspension for a banned substance?

HISA: A first offense for the presence (positive test result) or possession of a Banned Substance may result in a suspension of up to two years. The suspension may be shortened based on the specific circumstances of the case.

For example, the arbitrator hearing a case may issue a shorter suspension in their Final Decision based on the Covered Person's degree of fault for the positive test result or possession.

Suspensions may also be shortened if, the Covered Person:
1) agrees to an admission and acceptance of Consequences, or
2) provides Substantial Assistance to HIWU.

Time served under a Provisional Suspension is counted toward any final suspension (period of Ineligibility).

 

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