ADDITIONAL RED LINE RACING RULES 2010

ADOPTED NEW DEFINITION 	

INACTIVE PERSON – INACTIVE PERSON IS ANY PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR MORE THAN 14 DAYS; WHOSE LICENSE HAS EXPIRED OR BEEN REVOKED; OR WHOSE LICENSE APPLICATION HAS BEEN DENIED.

Adopted Rule
3.402 - All owners, trainers, jockeys, exercise persons, pony persons and outriders shall wear a safety helmet Any licensee mounted on a horse or stable pony on association grounds must wear a properly secured safety helmet at all times. The licensee is responsible for providing sufficient evidence that his/her helmet meetings one of the following safety standards: 

(a) American Society for Testing and Materials (ASTM 1163);

(b) UK Standards (EN-1384 and PAS-015); or, 

(c) Australian/New Zealand Standard (AS/NZ 3838).  of the type approved by the Commission, 

Any person mounted on a horse or stable pony on the association racing surface, all assistant starters and anyone handling a horse in a starting gate must wear a safety vest at all times. The safety vest must comply with one of the following minimum standards: 

(a)	British Equestrian Trade Association (BETA):2000 Level 1;
(b)	(b) Euro Norm (EN) 13158:2000 Level 1; 
(c) American Society for Testing and Materials (ASTM) F2681-08; 
(d) Shoe and Allied Trade Research Association (SATRA) Jockey Vest Document M6 Issue 3; or, 
(e) Australian Racing Board (ARB) Standard 1.1998.
 
and all jockeys shall wear a safety vest of the type approved by the Commission, when they are performing their duties on a horse racetrack.

The Commission adopts as part of Rule 3.402 of the Colorado Racing Commission rules certain industry standards referred to in this Rule 3.402. Such industry standards are published by the American Society for Testing and Materials, British Equestrian Trade Association, Shoe and Allied Trade Research Association (SATRA), or Australian Racing Board (ARB) Standard.  These industry standards were promulgated pursuant to the bodies, boards or committees or sub-committees with body protection expertise. This rule incorporates these industry standards as they existed on March 15, 2010.  This rule does not include amendments to or later editions of the incorporated industry standards.
Certified copies of the complete text of the material incorporated are maintained at the Colorado Department of Revenue Division of Racings Events, 1881 Pierce Street, Room 108, Lakewood, Colorado 80214-1494, and may be inspected by contacting the Rule Coordinator a that address during normal business hours.  The incorporated material may also be examined at any state publications depository library.  Certified copies shall be provided at cost upon request.

Adopted New Rule

 5.503 5.441 - 
(1)	In issuing penalties against individuals found guilty of medication and drug violations, a regulatory distinction shall be made between the detection of therapeutic medications used routinely to treat racehorses and those drugs that have no reason to be found at any concentration in the test sample on race day.
(2) 	The stewards or the commission will use the Racing Medication and Testing Consortium’s penalty category and schedule as a starting place in the penalty stage of the deliberations for a rule violation for any drug listed in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances. 
(3)  	If a licensed veterinarian is administering or prescribing a drug not listed in the RCI Uniform Classification Guide lines for Foreign Substances or shown in the RMTC Penalty Guideline Listing, the identity of the drug shall be forwarded to the official veterinarian to be forwarded to the Racing Medication and Testing Consortium for classification.
(4) 	Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not classified in the most current RCI Uniform Classification Guidelines for Foreign Substances shall be assumed to be a RCI Class 1 Drug and the trainer and owner shall be subject to those penalties as set forth in schedule “A” unless satisfactorily demonstrated otherwise by the Racing Medication and Testing Consortium, with a penalty category assigned. 
(5) 	The penalty categories and their related schedules, if applicable, shall be on the following criteria:
(a) Whether the drug is approved by the U.S. Food and Drug Administration for use in the horse;
(b) Whether the drug is approved by the U.S. Food and Drug Administration for use in any species;
(c) Whether the drug has any legitimate therapeutic application in the equine athlete;
(d) Whether the drug was identified as “necessary” by the RMTC Veterinary Advisory Committee;
(e)  Whether legitimate, recognized therapeutic alternatives exist, and;
(f)  The current RCI Classification of the drug.

The penalty categories “A”, “B” and “C” and their related schedules for Trainers and Owners are shown in the following tables. 

The following are recommended penalties for violations due to the presence of a drug carrying a Category “A” penalty and for violations of ARCI-011-015: Prohibited Practices:

LICENSED TRAINER:	
1st offense	2nd LIFETIME offense in any jurisdiction	3rd LIFETIME offense in any jurisdiction	
◦   Minimum one-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a three-year suspension.

AND	◦   Minimum three-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a three-year period.
AND	◦   Minimum five-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a five-year period.
AND	
◦   Minimum fine of $10,000 or 10% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $25,000 or 25% of purse (greater of the two).
AND	◦   Minimum fine of $25,000 or 25% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $50,000 or 50% of purse (greater of the two).

AND	◦   Minimum fine of $50,000 or 50% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000 or 100% of purse (greater of the two).

AND	
◦   May be referred to the Commission for any further action deemed necessary by the Commission.	◦   May be referred to the Commission for any further action deemed necessary by the Commission.	◦   May be referred to the Commission for any further action deemed necessary by the Commission.	
LICENSED OWNER:	
1st offense	2nd LIFETIME offense in owner’s stable in any jurisdiction	3rd LIFETIME offense in owner’s stable in any jurisdiction	
◦   Disqualification and loss of purse.

AND	◦   Disqualification and loss of purse.

AND	◦   Disqualification, loss of purse and $50,000 fine.

AND	
◦   Horse shall be placed on the veterinarian’s list for 90 days and must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 120 days and must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 180 days and must pass a commission-approved examination before becoming eligible to be entered.

AND	
		◦   Referral to the Commission with a recommendation of a suspension for a minimum of 90 days.	
The following are recommended penalties for violations due to the presence of a drug carrying Category “B” penalty, for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions set forth in ARCI-011-020 E.(1)(c) and for violations of the established levels for total carbon dioxide:

LICENSED TRAINER:	
1st offense	2nd offense (365-day period) in any jurisdiction	3rd offense (365-day period) in any jurisdiction	
◦   Minimum 15-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension.
AND	◦   Minimum 30-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension.
AND	◦   Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one-year suspension.
AND	
◦   Minimum fine of $500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $1,000.
	◦   Minimum fine of $1,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $2,500.
	◦   Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $5,000 or 5% of purse (greater of the two).
AND	
		◦   May be referred to the Commission for any further action deemed necessary by the Commission.	
LICENSED OWNER:	
1st offense	2nd offense in stable (365-day period) in any jurisdiction	3rd offense in stable (365-day period) in any jurisdiction	
◦   Disqualification and loss of purse [in the absence of mitigating circumstances].

AND	◦   Disqualification and loss of purse [in the absence of mitigating circumstances].

AND	◦   Disqualification and loss of purse, and in the absence of mitigating circumstances a $5,000 fine.

AND	
◦   Horse must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse must pass a commission-approved examination before becoming eligible to be entered.
	◦   Horse shall be placed on the veterinarian’s list for 45 days and must pass a commission-approved examination before becoming eligible to be entered.	

The following are recommended penalties for violations due to the presence of a drug carrying a Category “C” penalty and overages for permitted NSAIDs and furosemide: (All concentrations are for measurements in serum or plasma.)

LICENSED TRAINER	Phenylbutazone (5.1-9.9 mcg/ml)
Flunixin (21-99 ng/ml)
Ketoprofen (11-49 ng/ml)
Furosemide (>100 ng/ml) and
no furosemide when identified as administered**	Phenylbutazone (≥10.0 mcg/ml)
Flunxin (≥100 ng/ml)
Ketoprofen (≥50 ng/ml) and
CLASS C Violations	
1st Offense (365-day period) in any jurisdiction	Minimum fine of $250 absent mitigating circumstances
	Minimum fine of $500 absent mitigating circumstances	
2nd Offense (365-day period) in any jurisdiction	Minimum fine of $500 absent mitigating circumstances
	Minimum fine of $1,000 and 15-day suspension absent mitigating circumstances	
3rd Offense (365-day period) in any jurisdiction	Minimum fine of $1,000 and 15-day suspension absent mitigating circumstances 	Minimum fine of $2,500 and 30-day suspension absent mitigating circumstances	
LICENSED OWNER	Phenylbutazone (5.1-9.9 mcg/ml)
Flunixin (21-99 ng/ml)
Ketoprofen (11-49 ng/ml)
Furosemide (>100 ng/ml) and
no furosemide when identified as administered**	Phenylbutazone (≥10.0 mcg/ml)
Flunixin (≥100 ng/ml)
Ketoprofen (≥50 ng/ml) AND
CLASS C VIOLATIONS	
1st Offense (365-day period) in any jurisdiction		Loss of purse. Horse must pass commission-approved examination before being eligible to run	
2nd Offense (365-day period) in any jurisdiction		Loss of purse. If same horse, placed on veterinarian’s list for 45 days, must pass commission-approved examination before being eligible to run	
3rd Offense (365-day period) in any jurisdiction		Loss of purse. Minimum $5,000 fine. If same horse, placed on veterinarian’s list for 60 days, must pass commission-approved examination before being eligible to run	

(6)	The recommended penalty for a violation involving a drug that carries a Category “D” penalty is a written warning to the trainer and owner.  Multiple violations may result in fines and/or suspensions
(7)	Any licensee of the commission, including veterinarians, found to be responsible for the improper or intentional administration of any drug resulting in a positive test may, after proper notice and hearing, be subject to the same penalties set forth for the licensed trainer.
(8)	The licensed owner, veterinarian or any other licensed party involved in a positive laboratory finding shall be notified in writing of the hearing and any resulting action.  In addition their presence may be required at any and all hearings relative to the case.
(9)	Any veterinarian found to be involved in the administration of any drug carrying the penalty category of “A” shall be referred to the State Licensing Board of Veterinary Medicine for consideration of further disciplinary action and/or license revocation.  This is in addition to any penalties issued by the stewards or the commission.
(10)	Any person who the stewards or the commission believe may have committed acts in violation of criminal statutes may be referred to the appropriate law enforcement agency.  Administrative action taken by the stewards or the commission in no way prohibits a prosecution for criminal acts committed, nor does a potential criminal prosecution stall administrative action by the stewards or the commission.

Procedures shall be established to ensure that a licensed trainer is not able to benefit financially during the period for which the individual has been suspended.  This includes, but is not limited to, ensuring that horses are not transferred to licensed family members.

The Commission adopts as part of Rule 5.441 of the Colorado Racing Commission rules certain Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances referred to in this Rule 5.441. Such guidelines are published by the Association of Racing Commissioners International.  These guidelines were promulgated by the Association of Racing Commissioners model rules committee.  This rule does not include amendments to or later editions of the incorporated guidelines.
Certified copies of the complete text of the material incorporated are maintained at the Colorado Department of Revenue Division of Racings Events, 1881 Pierce Street, Room 108, Lakewood, Colorado 80214-1494, and may be inspected by contacting the Rule Coordinator at that address during normal business hours.  The incorporated material may also be examined at any state publications depository library.  Certified copies shall be provided at cost upon request.

Adopted Rule

7.608 ‑ Bar plates may be used only with the consent of the Division Veterinarian. The commission may limit the height of toe grabs for any breed at a live race meet. Toe grabs with a height greater than the maximum set by the commission two millimeters in Thoroughbreds and Arabians and 4 millimeters in Quarter horses, Paints and Appaloosas, bends, jar caulks, stickers and any other traction device worn on the front hooves of horses while racing or training on all surfaces, are prohibited.  The horse shall be scratched and the trainer may be subject to fine for any violation of this rule.