Sec. 6.
(a) Upon a
finding of a positive test, the stewards or commission shall, to the extent of
its regulatory authority, impose the following sanctions:
(1) For a licensee's first violation, he or
she shall be suspended for thirty (30) days and, in order for the suspension to
be lifted, shall be subject to a mandatory drug retest after thirty (30) days
from the first violation of this article. Such additional drug test, known as
the standard drug test, shall be done by the commission testing laboratory at
the licensee's expense. Until such retest using the standard drug test achieves
negative results, the licensee shall remain suspended with the following
exceptions:
(A) For a licensee's first
violation, he or she may take a drug test after thirty (30) days from the first
violation of this article known as the immediate drug test. Provided the
immediate drug test is negative, the licensee's suspension will be lifted, by
amending the initial ruling, while the results of the standard drug test are
pending. If the licensee's standard drug test returns a negative result, the
licensee's suspension remains lifted.
(B) If the standard drug test returns a
positive result, the stewards will enter an amended ruling suspending the
licensee until such time as a standard drug test, which shall be done by the
commission testing laboratory at the licensee's expense, returns a negative
result.
The licensee is only allowed one (1) immediate drug test,
which is to be taken at the end of the initial thirty (30) day
suspension.
(2)
For a second violation, the licensee shall be suspended for a minimum of sixty
(60) days and shall be required to enroll in a substance abuse treatment
program approved by the commission. It shall be the licensee's responsibility
to provide the commission with written notice of his or her enrollment, weekly
status reports, and written notice that he or she has successfully completed
the program and has been discharged. The licensee shall remain suspended until
the requirements have been fulfilled. The requirements shall include an
additional drug test with negative results. Such test shall be under the
supervision or approval of the commission.
(3) For a third violation, the licensee shall
be suspended for a minimum of sixty (60) days and shall be required to enroll
in a substance abuse treatment program approved by the commission. It shall be
the licensee's responsibility to provide the commission with written notice of
his or her enrollment, weekly status reports, and written notice that he or she
has successfully completed the program and has been discharged. The licensee
shall remain suspended until the requirements have been fulfilled. The person
shall not be eligible to reapply for his or her license until the applicant
pays for and submits to two (2) urine or saliva samples, or both, thirty (30)
days apart with both samples failing to show any trace of a controlled
substance or prescription drug. All such samples shall be obtained and tested
by the commission or approved by the commission at a location and in a manner
prescribed by the commission and at the expense of the licensee. After the
licensee has received two (2) negative tests, he or she may reapply for a
license unless his or her continuing participation at a race meeting shall be
deemed by the commission director of security or his or her designee to be
detrimental to the best interest of horse racing.
(b) Prior human controlled substance or
prescription drug violations reflected on a person's racing record from any
jurisdiction recognized by the commission, including Indiana, shall be counted
as violations when determining appropriate penalties as set forth in subsection
(a).
(c) In determining the penalty
to impose for an offense covered by this rule, the stewards or the commission
may consider any mitigating or exacerbating circumstances and make an
appropriate adjustment to the penalties that are set forth in subsection
(a).
