SENATE………………………………………..No. 2824
The Commonwealth of Massachusetts
COMMUNICATION
from
MASSACHUSETTS GAMING COMMISSION
SUBMITTING PROPOSED REGULATIONS FOR
HARNESS HORSE RACING
205 CMR 3.00
PARI-MUTUEL RULES FOR THOROUGHBRED RACING,
HARNESS RACING, AND GREYHOUND RACING
205 CMR 6.00
(under the provisions of section 9B of Chapter 128A
of the General Laws)
May 30, 2024
May 30, 2024
VIA FIRST CLASS MAIL
and EMAIL: (Senate.clerk@ma.state.us) (michael.d.hurley@state.ma.us )
The Honorable Michael D. Hurley
Senate Clerk
Office of the Senate Clerk
24 Beacon Street |Room 335- State House
Boston, MA 02133
Senate Clerk Hurley:
Pursuant to M.G.L. c. 128A, § 9B, the Massachusetts Gaming Commission (“Commission”) hereby files
205 CMR 3.00, specifically, 205 CMR 3.12: Judges, and 205 CMR 3.29: Medications and Prohibited
Substances, and 205 CMR 6.00, specifically 205 CMR 6.24: Deposits, with the Clerk of the Senate.
205 CMR 3.12 is being amended to address qualifying mile requirements of race horses; and to
provide Racing Judges with broader discretion to impose penalties –consistent with the
recommendations of the Association of Racing Commissioners International (A.R.C.I.).
205 CMR 3.29 is being amended to clarify the discretion of racing stewards in crafting penalties
for medication violations, and their ability to consider United States Trotting Association (USTA)
records in addition to ARCI records.
205 CMR 6.24 is being amended to mirror the statutory language more closely within G.L. c.
128A, § 5C and eliminate any inconsistencies between the regulation and statute.
These regulations are largely governed by M.G.L. c. 128A, § 9. A public hearing was held regarding
these proposed amendments on May 21, 2024. If you have any questions or need additional information,
please feel free to reach me at judith.young@massgaming.gov or (617) 979-8426. Thank you for your
attention to this matter.
Respectfully submitted,
Massachusetts Gaming Commission
By:
Judith A. Young, Esq.
Associate General Counsel
Enclosures
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3.12: Judges
(1) The Judges shall have the power to interpret 205 CMR 3.00 and to decide all questions not specifically covered by them,
such decisions to be reported to the Commission within 24 hours.
(2) In matters pertaining to racing, the orders of the Judges supersede the orders of the officers and directors of the
Association.
(3) The Judges shall have general supervision over owners, trainers, drivers, grooms and other persons attendant on horses,
and also over all the other officials of the meeting.
(4) Judges’ Authority Concerning Race Objections.
(a) An objection to an incident alleged to have occurred during a race shall be received only when lodged with the
Judges, by the owner, the authorized agent of the owner, the trainer or the driver of a horse engaged in the same race.
(b) An objection following the completion of any race must be filed before the race results are declared official.
(c) The Judges shall make all findings of fact as to all matters occurring during and incident to the completion of a race;
shall determine all objections and inquiries, and shall determine the extent of disqualification, if any, of horses in the
race. Such findings of fact and determinations shall be final and shall not be appealable.
(d) In the case of disqualification the Judges shall immediately make public the reason for the disqualification and the
same shall be announced over the public address system.
(5) During each racing day the Judges of the meeting shall be at the office building on the grounds of the Association where
the racing meeting is being held not later than one hour before post time of the first race of the day to exercise the authority
and perform the duties imposed on the Judges by the Rules of Racing.
(6) At least one Judge shall occupy the Judges’ Stand during the running of all qualifying races and non-wagering races.
(7) The Judges shall require all horses not showing a satisfactory racing line during the previous 3045 days to go a qualifying
mile in a race before the Judges. The Association may request a waiver of this requirement.
(8) All questions pertaining to the conduct of the meeting shall be determined by a majority of the Judges.
(9) No hearing shall be held on 205 CMR 3.00 following the last race of any day during the racing meeting, unless by special
permission of the Commission. 205 CMR 3.12(8) shall not apply on the last day of any racing meeting.
(10) The Judges shall occupy the Judges Stand, from the time the post parade is formed for each race until the race is made
official, and their duty shall be to place and record five horses or as many more as they think proper in the order of their
finish in each race.
(11) The Judges shall properly display the numbers of the first four horses in each race in the order of their finish.
(12) When the Judges differ in their placing the majority shall prevail.
(13) The Judges shall make public their decision as promptly as possible.
(14) If it is considered advisable to consult a picture from the finish camera, the Judges shall post, without waiting for a
picture, such placements as are in their opinion unquestionable, and after consulting the picture, make the other placements.
(15) The Judges may call for a picture from the photo-finish camera to aid them in arriving at a decision. However, in all
cases the camera is merely an aid and the decision of the Judges shall be final.
(16) In determining the places of the horses at the finish of a race, the Judges shall consider only the relative position of the
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respective noses of such horses.
(17) After the finish of the race all drivers shall report to the Judges’ Stand. The Judges shall not declare the race official until
each driver has had an opportunity to file a protest as to what occurred in the race.
(18) There shall be no alteration of placement after the sign “Official” has been purposely displayed, except as in provided in
205 CMR 6.00: Pari-mutuel Rules for Horse Racing, Harness Horse Racing and Greyhound Racing.
(19) The Judges shall each day file with the Commission a copy of the official placement of the first five horses in each race
of that day and shall supply to the other officials such information in respect to the racing as the Association may require.
(20) The Judges may suspend for no greater period than 180 days anyone whom they have authority to supervise, and/or they
may impose a forfeiture., In the case of a finding of a violation of 205 CMR 3.29, the Judges shall consider the classification
level of the violation as listed at the time of the violation in the Uniform Classification Guidelines for Foreign Substances as
promulgated by the Association of Racing Commissioners International (ARCI) and impose penalties and disciplinary
measures consistent with the recommendations contained therein.not exceeding $3,000.00. All such suspensions and
forfeitures must be reported to the Commission. If the punishment to be imposed is not in the opinion of the Judges
sufficient, they shall so report to the Commission.
REGULATORY AUTHORITY
205 CMR 3.00: M.G.L. c. 128A, § 9.
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3.29: Medications and Prohibited Substances
(1) Aggravating and Mitigating Factors. Upon a finding of a violation of 205 CMR 3.29, the judges shall
consider the classification level of the violation as listed at the time of the violation in the Uniform
Classification Guidelines for Foreign Substances as promulgated by the Association of Racing
Commissioners International (ARCI) and impose penalties and disciplinary measures consistent with the
recommendations contained therein. The judges shall also consult with the official veterinarian, laboratory
director or other individuals to determine the seriousness of the laboratory finding or the medication
violation. All medication and drug violations shall be investigated and reviewed on a case by case basis.
Extenuating factors include, but are not limited to:
(a) The past record of the trainer, veterinarian and owner in drug cases;
(b) The potential of the drug(s) to influence a horse’s racing performance;
(c) The legal availability of the drug;
(d) Whether there is reason to believe the responsible party knew of the administration of the drug or
intentionally administered the drug;
(e) The steps taken by the trainer to safeguard the horse;
(f) The probability of environmental contamination or inadvertent exposure due to human drug use;
(g) The purse of the race;
(h) Whether the drug found was one for which the horse was receiving a treatment as determined by
the Medication Report Form;
(i) Whether there was any suspicious betting pattern in the race; and
(j) Whether the licensed trainer was acting under the advice of a licensed veterinarian.
As a result of the investigation, there may be mitigating circumstances for which a lesser or no
penalty is appropriate for the licensee and aggravating factors, which may increase the penalty
beyond the minimum.
(2) Penalties.
(a) 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.
(b) If a licensed veterinarian is administering or prescribing a drug not listed in the ARCI Uniform
Classification Guidelines for Foreign Substances, the identity of the drug shall be forwarded to the
official veterinarian to be forwarded to the Racing Medication and Testing Consortium for
classification.
(c) Any drug or metabolite thereof found to be presenting a pre- or post-race sample which is not
classified in the version of the ARCI Uniform Classification Guidelines for Foreign Substances in
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effect at the time of the violation shall be assumed to be a ARCI Class 1 Drug and the trainer and
owner shall be subject to those penalties as set forth in schedule “A” therein unless satisfactorily
demonstrated otherwise by the Racing Medication and Testing Consortium, with a penalty category
assigned.
(d) 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.
(e) 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.
(f) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official
notice by the Commission may be treated as a single violation. In the case of a positive test indicating
multiple substances found in a single post-race sample, the Stewards may treat each substance found
as an individual violation, depending upon the facts and circumstances of the case.
(2A) Multiple Medication Violations (MMV). A trainer who receives a penalty for a medication violation
based upon a horse testing positive for a Class 1-5 medication with Penalty Class A-C, as provided in the
most recent version of the ARCI Uniform Classification Guidelines for Foreign Substances, or similar
state regulatory guidelines, shall be assigned points as follows:
Penalty Class Points if Controlled Points if Non-controlled
Therapeutic Substance Substance
Class A N/A 6
Class B 2 4
Class C ½ for first violation with an
additional ½ point for each
additional violation within 365
days1one for first violation
with an additional ½ point for
each additional violation
within 365 days
Class D 0 0
1
Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded. Points
 205 CMR: MASSACHUSETTS GAMING COMMISSION
are not to be separately assigned for a stacking violation.
If the Stewards or Commission determine that the violation is due to environmental contamination,
they may assign lesser or no points against the trainer based upon the specific facts of the case.
(a) The points assigned to a medication violation by the Stewards’ or Commission’s Ruling shall be
included in the ARCI official database. The ARCI shall record points consistent with Section 13(a)
including, when appropriate, a designation that points have been suspended for the medication
violation. Points assigned by such regulatory ruling shall reflect, in the case of multiple positive tests
as described in 205 CMR 6.29(3)(d), whether they constitute a single violation. The Stewards’ or
Commission’s Ruling shall be posted on the official website of the Commission and within the official
database of the Association of Racing Commissioners International. If an appeal is pending, that fact
shall be noted in such Ruling. No points shall be applied until a final adjudication of the enforcement
of any such violation.
(b) A trainer’s cumulative points for violations in all racing jurisdictions shall be maintained by the
ARCI. Once all appeals are waived or exhausted, the points shall immediately become part of the
trainer’s official ARCI record and shall be considered by the Commission in its determination to
subject the trainer to the mandatory enhanced penalties by the Stewards or Commission as provided
in 205 CMR 3.00.
(c) Multiple positive tests for the same medication incurred by a trainer prior to delivery of official
notice by the Commission may be treated as a single violation. In the case of a positive test indicating
multiple substances found in a single post-race sample, the Stewards may treat each substance found
as an individual violation for which points will be assigned, depending upon the facts and
circumstances of the case.
(d) The official ARCI record and/or USTA record shall be used to advise the Stewards or Commission
of a trainer’s past record of violations and cumulative points. Nothing in 205 CMR 3.00 shall be
construed to confer upon a licensed trainer the right to appeal a violation for which all remedies have
been exhausted or for which the appeal time has expired as provided by applicable law.
(e) The Stewards or Commission shall consider all points for violations in all racing jurisdictions as
contained in the trainer’s official ARCI record when determining whether the mandatory
enhancements provided in 205 CMR 3.00 shall be imposed.
(f) 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 or her official ARCI record:
Points Suspension in Days
5-5.5 15 to 30
6-8.5 30 to 60
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9-10.5 90 to 180
11 or more 180 to 360
(g) MMV penalties are not a substitute for the current penalty system and are intended to be an
additional uniform penalty when the licensee:
1. Has had more than one medication violation for the relevant time period, and
2. Exceeds the permissible number of points.
(h) 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 MMP is intended to be a separate and additional penalty for a pattern of
violations.
1. The suspension periods as provided in Section 13(g) shall run consecutive to any suspension
imposed for the underlying offense.
2. The Stewards’ or Commission’s Ruling shall distinguish between the penalty for the underlying
offense and any enhancement based upon a Steward or Commission review of the trainer’s
cumulative points and regulatory record, which may be considered an aggravating factor in a case.
3. Points shall expire as follows:
Penalty Classification Time to Expire
A three years
B two years
C one year
In the case of a medication violation that results in a suspension, any points assessed expire on
the anniversary date of the date the suspension is completed.
(3) Medication Restrictions.
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(a) A finding by the Commission approved laboratory of a prohibited drug, chemical or other
substance in a test specimen of a horse is prim