Current through Vol. 41, No. 13, March 15, 2024
(a)
When the quantity of biological samples collected by operation of Commission
rules permits, each test sample shall be divided into two portions so that one
portion shall be used for primary testing and the second portion shall, if
available, be retained for split testing. OHRC makes no guarantee that the
amount of sample it was able to collect will be sufficient for split testing.
All samples taken by OHRC personnel are under the jurisdiction of and shall
remain the property of OHRC at all times.
(b) Biological sample consisting of blood
shall be collected and processed as provided by Commission rules. Biological
samples consisting of urine shall be collected if available. Other biological
samples may be collected at the direction of the Stewards or the Commission.
(c) The Official Veterinarian or
designee shall be responsible for the freezing, storage, safeguarding, and
shipment of biological samples to primary or referee laboratories.
(d) When biological samples are available for
split testing, a trainer and/or owner may request a split test, subject to the
following conditions:
(1) The trainer and/or
owner shall make the request for a split test in writing within seventy-two
(72) hours following notification of a substance violation.
(2) When OHRC is notified by the primary
laboratory that a substance violation has occurred, OHRC will submit split
testing forms to all approved referee laboratories. If, within the above
specified time limits, the trainer and/or owner requests that a split test be
performed, a list of all referee laboratories that have agreed to accept the
split test shall be presented to the trainer and/or owner. The trainer and/or
owner shall then have forty-eight (48) hours to select one of the referee
laboratories from the provided list. The trainer and/or owner requesting to
have a split sample tested shall be responsible for all charges and costs
incurred in shipping and testing the split sample.
(3) Payment for the costs incurred in
transporting and testing the split sample must be received by the OHRC within
five (5) working days of the trainer and/or owner being provided a list of
referee laboratories agreeing to accept said split. If the trainer and/or owner
fails to notify the OHRC in writing, of their choice of referee laboratory
agreeing to accept the split sample, along with payment within this time, the
split sample will not be released or shipped by the OHRC and said trainer
and/or owner will have relinquished his/her right to have the split sample
tested.
(4) Upon verified
completion of all prerequisites, OHRC personnel shall ensure that the split
sample is sent to the designated laboratory for testing.
(5) The trainer, the trainer's authorized
representative or employee, the owner, or other licensed person designated by
the owner may witness the packaging and shipping of biological samples. Failure
to appear at the appointed time to witness the packaging and shipping of
biological samples constitutes a waiver of the right to do so;
(6) Failure of a trainer and/ or owner to
submit a timely request for split testing or failure to make timely payment for
the costs of split testing shall constitute a waiver of any and all rights to
have a split test performed.
(e) The results of the split test shall not
prohibit the Commission from imposing appropriate penalties for substance
violations, including the disqualification of a horse or other penalties
imposed against the trainer.
(1) If the
primary test results are not confirmed by the split test, the Commission shall
reimburse the trainer and/ or owner requesting the split test the cost of
shipment and testing.
(2)
Contradictory split test results or split test results that do not confirm the
primary test results may be offered by a trainer and/or owner as evidence to
rebut the prima facie evidence of a substance violation established by the
primary test results. However, a request for a split test shall not obligate
Commission staff to submit evidence of confirmatory split test results for the
purposes of proving that a substance violation occurred.
(f) Nothing in this Section shall prevent the
Commission or Executive Director from ordering first use of both sample
portions for testing purposes.
Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency) ; Amended
at 23 Ok Reg 2594, eff 6-25-06 ; Amended at 30 Ok Reg 511, eff
5-15-13