§ 405.9. Penalties for non-cooperation or positive tests.
(a) Failure or refusal to make a horse available for sampling or other intentionally deceptive acts or interference during the sampling process shall carry a minimum penalty of a 180-day suspension, plus a $5,000 fine and referral to the Commission for other action deemed appropriate. In addition to the foregoing, a horse entered in to race, but not sampled due to the licensee’s non-cooperation, may also be scratched.
(b) A selected horse, which is not made available for out-of-competition sampling, shall be placed on the Steward’s or Judge’s list and shall remain on the list for a minimum of 90 days and must test negative per the out-of-competition testing requirements before it may be removed from the list.
(c) A selected horse, which is presumed eligible for out-of-competition testing, as set forth in § 405.3(c) (relating to horses eligible to be tested), shall be placed on the Steward’s or Judge’s list and shall be ineligible to race in this Commonwealth for 180 days if the owner, trainer or their designee fails to provide evidence that the horse is not engaged in racing activities related to competing in racing within this Commonwealth. This restriction shall not apply if the trainer, owner or their designee permits the immediate collection of the samples from the horse.
(d) A trainer with a positive test for Anabolic Steroids shall be fined $5,000 and suspended for a period of 180 days. In addition, trainer shall also forfeit any purse money earned.
(e) A trainer with a positive test for blood doping agents shall be $10,000 and suspended for a period of 2 years. In addition, trainer shall also forfeit any purse money earned.
(f) All horses that test positive for Anabolic Steroids or blood doping agents shall be placed on the Steward’s or Judges’ List for a minimum of 90 days. A horse must provide a negative test sample to be removed from the Steward’s or Judge’s list.
Cross References This section cited in 7 Pa. Code § 405.6 (relating to procedures for collecting samples from horses located outside the jurisdiction).
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