§ 401.52. Enhancement points.
(a) In addition to the penalty for the underlying offense, the following enhancements shall be imposed upon a licensed trainer based upon the cumulative points contained in his/her official ARCI record:
Points Suspension in days 5—5.5 15 to 30 6—8.5 30 to 60 9—10.5 90 to 180 11 or more 180 to 360 (b) MMV penalties are not a substitute for the current penalty system and are intended to be an additional uniform penalty when the licensee:
(i) Has had more than one medication violation for the relevant time period; and
(ii) Exceeds the permissible number of points.
(c) The Stewards and Commission shall consider aggravating and mitigating circumstances, including the trainer’s prior record for medication violations, when determining the appropriate penalty for the underlying offense. The MMV point system is intended to be a separate and additional penalty for a pattern of violations.
(d) The suspension periods as provided in subsection (a) shall run consecutively to any suspension imposed by the Judges or Stewards for the underlying offense.
(e) The Judges’ or Stewards’ ruling shall distinguish between the penalty for the underlying offense and any enhancement penalty based upon the Judges’ or Stewards’ review of the trainer’s cumulative points and regulatory record, which may be considered an aggravating factor in a case.
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