Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
230.215,
230.260(1),
230.290(2),
(3),
230.310,
230.320
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2) authorizes the
Kentucky Horse Racing Commission to promulgate administrative regulations
prescribing the conditions under which horse racing shall be conducted in
Kentucky.
KRS
230.260(1) vests the racing
commission with jurisdiction and supervision over all horse race meetings in
this Commonwealth and over all associations and all persons on association
grounds and may eject or exclude therefrom or any part thereof, any person,
licensed or unlicensed, whose conduct or reputation is such that his presence
on association grounds may, in the opinion of the racing commission, reflect on
the honesty and integrity of horse racing or interfere with the orderly conduct
of horse racing or racing at horse race meetings.
KRS
230.320(1) authorizes the
commission to promulgate administrative regulations under which a license may
be denied, suspended, or revoked. This administrative regulation prohibits
licensees of the commission from abusing alcohol or engaging in illegal drug
use or activity while performing their duties, provides for drug and alcohol
testing, and establishes consequences for violations of this administrative
regulation.
Section 1. Definitions.
(1) "Alcohol concentration" means grams of
alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of
breath.
(2) "Crimes involving drugs
and drug paraphernalia" means activities involving drugs and drug paraphernalia
that are illegal under KRS Chapter 218A or other statutes or administrative
regulations of this Commonwealth, and similar laws and regulations of other
states and the United States, and which include the use of, possession of, or
trafficking in marijuana, cocaine, or other controlled substances; possession
or distribution of drug paraphernalia, or obtaining or using prescription drugs
without a valid prescription.
(3)
"Drug paraphernalia" is defined by
KRS
218A.500(1).
(4) "Under the influence of intoxicants"
means a person's mental or physical abilities are impaired by the presence of
alcohol or other drugs in his body to the degree that the person is not able to
safely and properly perform his job functions.
Section 2. Prohibited Activities. A licensee
shall not:
(1) Be under the influence of
intoxicants while:
(a) Engaged in the
activities for which the license is held; or
(b) On association grounds;
(2) Commit a crime involving drugs
or drug paraphernalia;
(3) Fail to
comply with substance abuse treatment required pursuant to an evaluation
conducted under this administrative regulation;
(4) Tamper with a drug or alcohol test;
or
(5) Refuse to submit to drug or
alcohol testing upon request of the commission, a steward, a judge, or other
authorized employee of the commission.
Section 3. Evidence of Violation. The
following shall be presumptive evidence of a violation of this administrative
regulation:
(1) While engaged in the
activities for which the license is held, or while on association grounds:
(a) A breath, urine, or blood test result
revealing an alcohol concentration of 0.05 percent or more;
(b) A positive result from a drug test for
marijuana, cocaine, or other controlled substance for which the licensee does
not have a current and valid prescription;
(c) A positive result for a prescribed
medication for which the individual has a valid prescription, but the
prescription for which indicates that taking the medication may impair vision,
impair the ability to perform normal daily functions, or cause drowsiness, or
the prescription for which advises using care when operating a car or
machinery;
(d) A positive result
indicating more than one (1) prescribed medication for which the individual has
valid prescriptions, but the prescription directions for which advise against
taking more than one (1) prescribed medication at a time; or
(e) A positive result that exceeds the
allowable limit prescribed on the medication label; or
(2) While participating in a race as a racing
official, or while mounted on a horse or stable pony or mounted in a sulky on
association grounds, a breath, urine, or blood test result revealing an alcohol
concentration greater than 0.00; or
(3) A conviction in a court of law for a
drug-related offense.
Section
4. Discipline.
(1) First offense.
(a) For a first time violation of this
administrative regulation, the offender's license may be suspended for up to
thirty (30) days.
(b) The offender
may be required to undergo an evaluation by a professional in the field of
addictive or substance abuse disorders approved by the commission.
(c) If the evaluator determines the existence
of a substance abuse problem, the offender shall be required to comply with the
recommended course of treatment.
(d) For a first time violation of this
administrative regulation for an alcohol infraction or crime involving drugs
and drug paraphernalia, the stewards or judges shall have the discretion to
impose a lesser penalty and may excuse the offense for counting purposes under
this administrative regulation.
(2) Second offense.
(a) For a second violation of this
administrative regulation within a three (3) year period, the offender's
license may be suspended for up to sixty (60) days.
(b) The offender shall be required to enroll
in and complete a substance abuse program approved by the commission.
(3) Third offense. A third
violation of this administrative regulation within a three (3) year period may
result in the revocation of the offender's license.
(4) Zero tolerance offense. Conviction in a
court of law of a drug trafficking offense shall result in revocation of the
offender's license even if it is a first offense under this administrative
regulation.
(5) In determining the
three (3) year period under this administrative regulation, the period shall be
measured from the date on which the violation occurred. If the violation is a
failure to complete recommended treatment, the violation date shall be
calculated from the date of the first missed meeting, or session. For the
purposes of subsections (2) and (3) of this section, violations occurring after
the three (3) year period shall not be considered.
Section 5. Basis for Testing.
(1) In deciding whether drug tests should be
administered, stewards or judges may require:
(a) Licensees to be tested on a particular
day;
(b) Licensees on a particular
day to be tested totally at random; or
(c) Those licensees that the stewards or
judges have a reasonable suspicion may be under the influence of intoxicants to
submit to drug and alcohol testing.
(2) In determining whether there is
reasonable suspicion to require testing, the stewards or judges may consider
any of the following factors:
(a) Unexplained
or continued violations of KRS Chapter 230 or KAR Title 810 that have a
detrimental effect on racing;
(b)
Involvement in an accident that causes injury to a person or animal at the
track or a near accident that creates a clear danger of accident or injury to a
person or animal at the track;
(c)
Willful conduct detrimental to horse racing as evidenced by continued
violations of KRS Chapter 230 or KAR Title 810, other disciplinary problems,
behavioral problems, disturbances, or other similar conduct at the
track;
(d) Observable physical or
emotional impairment at the track;
(e) Involvement in a race of questionable
outcome or circumstance as determined by the stewards or judges;
(f) Willful abuse of an animal or person who
is engaged in a race, work, or exercise at the track;
(g) Prior positive drug or alcohol test or
tests in this or other jurisdictions, excluding those for which a valid legal
prescription is provided;
(h)
Performance of prescribed duties in a manner that indicates a best effort to
win is not present at the track;
(i) Information supplied by:
1. A law enforcement agency;
2. The United States Trotting
Association;
3. The Kentucky
Horsemen's Association;
4. The
Association of Racing Commissioners International; or
5. The racing commission of any state or
country;
(j) Any other
conduct at the track that can be documented and provides reasonable grounds to
suspect:
1. Dependence on, possession of, or
usage of a controlled substance; or
2. An alcohol violation;
(k) Refusal to provide a urine or blood
sample if requested to do so in accordance with KAR Title 810; or
(l) Recent arrest or pending criminal charges
regarding the sale, possession, manufacture, cultivation, or use of illegal
drugs.
Section
6. Payment of Expenses Related to this Administrative Regulation.
A licensee shall be responsible for all or part of the expenses associated with
violating this administrative regulation, including the cost of treatment and
reinstatement of the license. The responsibility for payment of expenses shall
be as follows:
(1) For a drug or alcohol test
initiated by the commission to determine if a violation has occurred, the
commission shall bear the cost unless the test reveals a violation. If the test
reveals a violation:
(a) For a first offense,
the offender's responsibility for costs shall be based upon consideration of
the factors set forth in Section 5(2)(a) through (l) of this administrative
regulation, and determined by the stewards, judges, or other authorized
commission employee; and
(b) For a
second or later offense, the offender shall bear all costs.
(2) Failure to pay any costs
imposed shall be grounds for denial of reinstatement.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.260(1),
230.320(1)