15 USC 3057 - Rule violations and civil sanctions

U.S Code last checked for updates: May 04, 2024

§ 3057.

Rule violations and civil sanctions

(a)

Description of rule violations

(1)

In general

(2)

Elements

The description of rule violations established under paragraph (1) may include the following:

(A)

With respect to a covered horse, strict liability for covered trainers for—

(i)

the presence of a prohibited substance or method in a sample or the use of a prohibited substance or method;

(ii)

the presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti-doping and medication control program; and

(iii)

the use of a permitted method in violation of the applicable limitations established under the horseracing anti-doping and medication control program.

(B)

Attempted use of a prohibited substance or method on a covered horse.

(C)

Possession of any prohibited substance or method.

(D)

Attempted possession of any prohibited substance or method.

(E)

Administration or attempted administration of any prohibited substance or method on a covered horse.

(F)

Refusal or failure, without compelling justification, to submit a covered horse for sample collection.

(G)

Failure to cooperate with the Authority or an agent of the Authority during any investigation.

(H)

Failure to respond truthfully, to the best of a covered person’s knowledge, to a question of the Authority or an agent of the Authority with respect to any matter under the jurisdiction of the Authority.

(I)

Tampering or attempted tampering with the application of the safety, performance, or anti-doping and medication control rules or process adopted by the Authority, including—

(i)

the intentional interference, or an attempt to interfere, with an official or agent of the Authority;

(ii)

the procurement or the provision of fraudulent information to the Authority or agent; and

(iii)

the intimidation of, or an attempt to intimidate, a potential witness.

(J)

Trafficking or attempted trafficking in any prohibited substance or method.

(K)

Assisting, encouraging, aiding, abetting, conspiring, covering up, or any other type of intentional complicity involving a safety, performance, or anti-doping and medication control rule violation or the violation of a period of suspension or eligibility.

(L)

Threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith reporting to the Authority, an agent of the Authority or the Commission, or the anti-doping and medication control enforcement agency under section 3054(e) of this title, of information that relates to—

(i)

an alleged safety, performance, or anti-doping and medication control rule violation; or

(ii)

alleged noncompliance with a safety, performance, or anti-doping and medication control rule.

(b)

Testing laboratories

(1)

Accreditation and standards

Not later than 120 days before the program effective date, the Authority shall, in consultation with the anti-doping and medication control enforcement agency, establish, by rule in accordance with section 3053 of this title—

(A)

standards of accreditation for laboratories involved in testing samples from covered horses;

(B)

the process for achieving and maintaining accreditation; and

(C)

the standards and protocols for testing such samples.

(2)

Administration

(3)

Extension of provisional or interim accreditation

(4)

Selection of laboratories

(A)

In general

(B)

Selection by the authority

(c)

Results management and disciplinary process

(1)

In general

Not later than 120 days before the program effective date, the Authority shall establish in accordance with section 3053 of this title—

(A)

rules for safety, performance, and anti-doping and medication control results management; and

(B)

the disciplinary process for safety, performance, and anti-doping and medication control rule violations.

(2)

Elements

The rules and process established under paragraph (1) shall include the following:

(A)

Provisions for notification of safety, performance, and anti-doping and medication control rule violations.

(B)

Hearing procedures.

(C)

Standards for burden of proof.

(D)

Presumptions.

(E)

Evidentiary rules.

(F)

Appeals.

(G)

Guidelines for confidentiality and public reporting of decisions.

(3)

Due process

(d)

Civil sanctions

(1)

In general

(2)

Requirements

The rules established under paragraph (1) shall—

(A)

take into account the unique aspects of horseracing;

(B)

be designed to ensure fair and transparent horseraces; and

(C)

deter safety, performance, and anti-doping and medication control rule violations.

(3)

Severity

The civil sanctions under paragraph (1) may include—

(A)

lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and changes to the order of finish in covered races; and

(B)

with respect to anti-doping and medication control rule violators, an opportunity to reduce the applicable civil sanctions that is comparable to the opportunity provided by the Protocol for Olympic Movement Testing of the United States Anti-Doping Agency.

(e)

Modifications

(Pub. L. 116–260, div. FF, title XII, § 1208, Dec. 27, 2020, 134 Stat. 3269.)

cite as: 15 USC 3057