In response to questions HISA and HIWU have received about Provisional
Suspensions, please see the following overview about the restrictions placed upon
Covered Persons and/or Covered Horses when a Provisional Suspension has been
imposed.
What Happens When a Covered Person or Covered Horse is Provisionally
Suspended?
A suspended Covered Horse may not participate in any Timed and Reported
Workout (i.e., a breeze) or Covered Horserace. The Covered Horse is still
permitted to jog and gallop.A suspended Covered Person may not participate in any activity involving
Covered Horses as well as any activity taking place at a racetrack or training
facility.
This means that the Covered Person cannot be involved in any direct way
in the care or conditioning of his/her Covered Horses. However, the
Covered Person can make arrangements for other individuals to oversee
the care, wellbeing, and training of his/her Covered Horses.During a Provisional Suspension, the Covered Person is not required to
be escorted or barred from a racetrack.
Any Covered Horse(s) of a suspended Trainer cannot participate in official Timed
and Reported Workouts or Covered Horseraces unless and until they have been
transferred to another Covered Person.**
For the transfer to be valid, (i) the transfer must be registered with HISA in
accordance with its procedures, and (ii) if the Trainer is subject to a
Provisional Suspension, or a period of Ineligibility lasting longer
than 30 days, the Covered Horses must also be physically relocated to
facilities under the care or control of a Covered Person who is not affiliated
with that Trainer.This prohibits the transfer of the Covered Horses to the Trainer’s assistant
trainer(s), family members, or other individuals affiliated with the Trainer.The physical relocation must be to another barn but does not require the
Covered Horses to leave the current racetrack or training facility where
they are based.
Any Covered Horses(s) of an Owner who is subject to a Provisional Suspension
or period of Ineligibility cannot participate in official Timed and Reported
Workouts or Covered Horseraces unless and until they have been transferred in
a bona fide transaction to a different Owner. If an Immediate Family Member (as
defined in Rule Series 1000: General Provisions) has any ownership or property
interest in the Covered Horse(s) following such transfer, the transfer is not
considered a bona fide transaction to a different Owner.
Please note that Owners and Trainers subject to Provisional Suspensions are not
required to transfer their Covered Horses to another Owner or Trainer unless they
want the horses to be eligible to participate in Timed and Reported Workouts
and/or Covered Horseraces.
**For alleged violations related to Controlled Medications only, a Covered Horse may participate in a Covered Horserace if it was entered into the Covered Horserace before the Trainer was notified of the Provisional Suspension or before the period of Ineligibility was imposed or accepted (whichever is earlier). This exception does NOT apply in the context of Banned Substances/Methods.
DEFINITIONS
Provisional Suspension: temporary suspension imposed on a Covered Horse or
Covered Person; a Provisional Suspension begins on the date set forth in the Notice
Letter served upon the Covered Person. Provisional Suspensions can be triggered by
both Anti-Doping Violations and certain Controlled Medication Rule Violations.
Period of Ineligibility: suspension imposed after an ADMC Violation case is resolved
or decided by an Arbitrator. Any days served under a Provisional Suspension are
counted towards the total period of Ineligibility. Therefore, if a trainer is under a
Provisional Suspension for 2 months and received a final suspension of 12 months, he
will only have to serve the remaining 10 months.