Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
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, 2020, 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.
Source: 43 SDR 150, effective June 1, 2017; 49 SDR 9, effective August 9, 2022; 50 SDR 15, effective August 13, 2023.