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 10-5 - Positive sample results

Universal Citation: 71 IN Admin Code 10-5

Current through March 20, 2024

Authority: IC 4-31-3-9

Affected: IC 4-31

Sec. 5.

(a) A positive test result attained shall be reported in writing to the commission director of security or his or her designee from the laboratory performing the test analysis. A positive test result confirming the presence of any controlled substance or prescription drugs shall be prima facie evidence that there has been a violation of section 1 of this rule. In the event of such a positive test, it is presumed that:

(1) the sample of urine or saliva tested by the laboratory to which it is sent is taken from the person and its integrity has been preserved;

(2) all accompanying procedures of collection, preservation, transfer to the laboratory, and analysis of the sample are correct and accurate; and

(3) the report received from the laboratory pertains to the sample taken from the person in question and correctly reflects the condition of the person at the time that the sample was given.

With respect to the presumptions set forth in this subsection, the burden is on the person against whom the test is offered to prove otherwise at any hearing in regard to the matter which is conducted by the stewards or by the commission.

(b) Upon receipt of written notice from the testing laboratory that a specimen has been found positive for a controlled substance or a prescription drug, the commission director of security or his or her designee shall, as quickly as possible, notify the licensed person by:

(1) public service;

(2) in person; or

(3) by certified mail, return receipt requested; of the positive test.

(c) An association that has obtained a positive test result confirming the presence of any controlled substance in an association employee, who is a licensee or an applicant for a license, shall notify the commission director of security or his or her designee and the affected employee as quickly as possible.

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