N.J. Admin. Code § 13:71-23.17A

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:71-23.17A - Penalties for violating N.J.A.C. 13:71-23.17

(a) Violations of N.J.A.C. 13:71-23.17, Shock wave therapy, shall result in the following penalties:

1. Any person who performs shock wave therapy who is not a licensed veterinarian shall be subject to the following penalties:

i. A first violation shall result in a minimum suspension of 60 days and a $ 5,000 fine. The presence of aggravating factors may result in the imposition of a suspension up to 180 days and a fine up to $ 10,000;

ii. A second violation shall result in a minimum suspension of 180 days and a $ 10,000 fine. The presence of aggravating factors may result in the imposition of a suspension up to one year and a fine up to $ 20,000; and

iii. A third or subsequent violation shall result in a minimum two-year suspension and a $ 20,000 fine. The presence of aggravating factors may result in permanent license revocation;

2. Should any person other than a licensed veterinarian possess a shock wave therapy machine at any racetrack, off-track stabling facility, or other location subject to the jurisdiction of the Commission, the following penalties shall be imposed upon that person:

i. A first violation shall result in a minimum suspension of 30 days and a $ 2,500 fine;

ii. A second violation shall result in a minimum suspension of 90 days and a $ 5,000 fine; and

iii. A third or subsequent violation shall result in a minimum one-year suspension and $ 10,000 fine;

3. Should a licensed veterinarian possess an unregistered shock wave therapy machine at any racetrack, off-track stabling facility, or other location subject to the jurisdiction of the Commission, the following penalties shall be imposed upon that veterinarian:

i. A first violation shall result in a $ 1,000 fine for failure to register;

ii. A second violation shall result in a $ 2,500 fine; and

iii. A third or subsequent violation shall result in a minimum 15-day suspension and $ 5,000 fine;

4. Should any veterinarian perform shock wave therapy on a horse that has not been scratched from any race in which it is entered, the veterinarian and trainer shall each be subject to the following penalties:

i. A first violation shall result in a minimum one-year suspension and a $ 10,000 fine. The presence of aggravating factors may result in the imposition of a suspension up to three years and a fine up to $ 25,000;

ii. A second violation shall result in a minimum three-year suspension and a $ 25,000 fine. The presence of aggravating factors may result in the imposition of a suspension up to five years and a fine up to $ 50,000; and

iii. A third or subsequent violation shall result in a minimum five-year suspension and a $ 50,000 fine. The presence of aggravating factors may result in permanent license revocation and a fine up to $ 100,000;

5. Should any horse treated with shock wave therapy race within 10 days of treatment:

i. The owner shall be subject to the following penalties:

(1) A first violation shall result in the horse being disqualified from the race and any purse money won forfeited. The horse shall also be placed on the Steward's List for a period of 10 days;

(2) A second violation shall result in the horse being disqualified from the race and any purse money won forfeited. The horse shall also be placed on the Steward's List for a period of 30 days and shall not be removed in the event of a bonafide transfer of ownership. The same horse need not be involved in both violations in order for the owner to have committed a second violation; and

(3) A third or subsequent violation shall result in the horse being disqualified from the race and any purse money won forfeited. The horse shall also be placed on the Steward's List for a period of 90 days and shall not be removed in the event of a bonafide transfer of ownership. The same horse need not be involved in all violations in order for the owner to have committed a third or subsequent violation; and

ii. The trainer shall be subject to the following penalties:

(1) A first violation shall result in a suspension for a minimum period of one year and a fine of $ 10,000;

(2) A second violation shall result in a suspension for a minimum period of three years and a fine of $ 25,000; and

(3) A third or subsequent violation shall result in a suspension for a minimum period of five years and a fine of $ 50,000;

6. Should any horse treated with shock wave therapy run in a qualifying race within four days, then the following shall apply:

i. The trainer shall be subject to the following penalties:

(1) For a first violation, the trainer shall have his or her license suspended for a minimum of six months and fined a minimum of $ 1,000;

(2) For a second violation, the trainer shall have his or her license suspended for a minimum of one year and shall be fined a minimum of $ 2,500; and

(3) For a third or subsequent violation, the trainer shall have his or her license suspended for a minimum of three years and shall be fined a minimum of $ 5,000; and

ii. If an owner's horse or horses, cumulatively, are found to have run in a qualifying race within four days of receiving shock wave therapy on three occasions, the horse committing the third violation shall be placed on the Steward's List for a period of 30 days; and

7. A licensed veterinarian's failure to abide by either the pre-notice requirement or the requirement to send a "Shock Wave Therapy Treatment Sheet" within 24 hours shall be subject to the following penalties:

i. A first violation shall result in a formal written warning;

ii. A second violation shall result in a $ 1,000 fine; and

iii. A third or subsequent violation shall result in a minimum 15-day suspension and a $ 2,500 fine.

(b) If shock wave therapy is impermissibly performed upon any horse, the racing of that horse within 10 days or the running of that horse in a qualifying race within four days shall serve to aggravate the penalties imposed in (a)1 or 4 above, respectively, against the offending party who performed shock wave therapy.

(c) Any and all penalties assessed against an owner, trainer, veterinarian, or other person for violation of N.J.A.C. 13:71-23.17shall be individually assessed against each particular violator based upon his or her own violation history. For example, the same set of facts may be deemed a third violation against the trainer, a second against the owner, and a first against the veterinarian.

(d) Notwithstanding the foregoing, the Judges may punish any person who directed another to violate N.J.A.C. 13:71-23.17. The person who directed the violator shall be subject to the same penalties as the offender. This includes, but is not limited to, the principal veterinarian of a veterinary practice, a veterinarian who directs a veterinarian technician or other person to perform shock wave therapy or act in any other way that would violate N.J.A.C. 13:71-23.17, a trainer or owner who directs any other party to perform shock wave therapy or act in any way which would violate N.J.A.C. 13:71-23.17, or any other person who directs another to violate this rule.

(e) Notwithstanding any of the penalties set forth in (a) above, the Judges may punish any other person found to be acting in concert with a person performing shock wave therapy in violation of N.J.A.C. 13:71-23.17by imposing penalties in accordance with the severity of the conduct up to the maximum provided in this section.

N.J. Admin. Code § 13:71-23.17A

Adopted by 50 N.J.R. 1224(b), effective 5/7/2018