Indiana Administrative Code
Title 71 - INDIANA HORSE RACING COMMISSION
Article 8.5 - FLAT RACING; HUMAN AND EQUINE HEALTH
Rule 10 - Human Substance Abuse Testing
Section 10-3 - Reasonable suspicion selection
Universal Citation: 71 IN Admin Code 10-3
Current through March 20, 2024
Authority: IC 4-31-3-9
Affected: IC 4-31
Sec. 3.
(a) Applicants for a license or a licensee may be selected at any time while within the enclosure for testing on a reasonable suspicion basis.
(b) Reasonable suspicion. When determining whether there is reasonable suspicion to require testing, the stewards may consider, but are not limited to, any of the following factors:
(1) Unexplained or continued rule violations
which have a detrimental effect on racing.
(2) Involvement in any accident which causes
injury to person or animal at the track as well as any near accident which
created a clear danger of accident or injury to person or animal at the
track.
(3) Willful conduct
detrimental to horse racing as evidenced by continued rule violations, other
disciplinary problems, behavioral problems, disturbances, or other similar
conduct at the track.
(4)
Observable physical or emotional impairment at the track.
(5) Involvement in a race of questionable
outcome or circumstance as determined by the stewards in the exercise of their
expertise.
(6) Willful abuse of
animal or person who is engaged in a race, work, or exercise at the
track.
(7) Prior positive test or
tests in this or other jurisdictions, excluding those where a valid legal
prescription has been revealed.
(8)
Performance of prescribed duties in a manner which indicates a best effort to
win is not present at the track.
(9) Information supplied by:
(A) a law enforcement agency;
(B) the ARCI; or
(C) the horse racing commission of any state
or country; which is verified in writing relating to drug or alcohol abuse, or
both.
(10) Any other
physical conduct at the track which can be documented which would indicate
reasonable grounds to believe the existence of, dependence on, possession of,
or usage of:
(A) a controlled substance;
or
(B) an alcohol
violation.
(11) Refusal
to provide a urine or saliva sample when requested to do so within this
section.
(12) Recent arrest or
pending criminal charges regarding the sale, possession, manufacture,
cultivation, or use of illegal drugs.
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