Current through Vol. 41, No. 13, March 15, 2024
(a) All
licensees shall be deemed to be exercising the privileges of their license, and
to be subject to the requirements of these rules, when engaged in activities
that could affect the outcome of a race or diminish the conditions of safety or
decorum required in restricted areas.
(b) It shall be a violation to exercise the
privileges granted by a license from this Commission if the licensee:
(1) Is engaged in the illegal sale or
distribution of alcohol or a controlled substance;
(2) Possesses, without a valid prescription,
a controlled substance;
(3) Is
intoxicated or under the influence of alcohol or a controlled substance;
(4) Is addicted, having been
determined to be so by a professional evaluation, to alcohol or other substance
and not engaged in an abstinence-based program of recovery acceptable to the
Commission;
(5) Has in his/her
possession within the enclosure any equipment, products or materials of any
kind which are used or intended for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise introducing
into the human body a controlled dangerous substance;
(6) Refuses to submit to substance and/or
alcohol testing, when notified that such testing is based on reasonable grounds
that the person is using substance or alcohol or is based on the licensee's
acting as if in an impaired condition; or
(7) Presently has controlled substances or
alcohol in his or her body. With regard to alcohol, the results of a
breathalyzer test showing a reading of more than.05 percent of alcohol in the
blood shall be the criterion for a finding of alcohol present in the body. With
regard to other controlled substances, presence of the substance in any
quantity measured by the testing instrument establishes the presence of the
substance for purposes of this paragraph.
(c) The fact that a person charged with a
violation of this rule is or has been lawfully entitled to use a prescribed
substance shall not constitute a defense against any charge of violating this
rule.
(d) At its discretion, the
Commission may conduct substance and/or alcohol testing in order to ensure
safety on the racetrack.
(e) When
conducted, substance and/or alcohol testing shall apply, equally, to all
licensees who may affect the outcome of a race and are exercising the
privileges of their license.
(f)
No notice need be given as to onset or cessation of substance and/or alcohol
testing.
(g) For licensees who are
tested under the provisions in this chapter, and whose testing shows the
presence of controlled substances or alcohol, any field screening test results
shall be confirmed by a laboratory acceptable to the Commission which shall
include Gas Chromatography/Mass Spectrometry (GC/MS) procedures.
(h) When the sample quantity permits, each
test sample shall be divided into portions so that one portion may be used for
the confirmation procedure and another portion may be utilized for the licensee
to obtain an independent analysis of the urine sample through the Commission
designated laboratory.
(i) The
Commission shall provide for a secure chain of custody for the sample to be
made available for substance and/or alcohol testing for the licensee.
(j) All costs for the
transportation and testing for the sample portion for the licensee shall be the
financial responsibility as follows:
(1) If
the licensee is required by order/ruling by a Board of Stewards or OHRC to
obtain testing prior to being eligible for license, all cost associated with
substance and/or alcohol testing shall be paid by applicant.
(2) If the licensee is ordered to obtain a
substance and/or alcohol test by an OHRC Representative, all cost associated
with testing shall be paid by OHRC.
(k) Payment shall be made prior to substance
and/or alcohol testing.
(l)
Refusal to submit to a required substance and/or alcohol test will result in an
immediate one hundred eighty (180) day suspension and require two (2) negative
test results thirty (30) days apart prior to reinstatement. However, a licensee
penalized or restricted pursuant to this chapter shall retain rights of due
process with respect to any determination of alleged violations which may
adversely affect the capacity to hold a license.
(m) If there has been a violation, under (b)
above, the following additional procedures will be followed:
(1) The Stewards/Commission may, at its
discretion, order the licensee to obtain a professional assessment to determine
whether there is a substantial probability that the licensee is dependent on,
or abuses, alcohol or other substance or the Stewards/Commission may act on the
information at hand.
(2) Actions
in the case of a first violation may include revocation of the license,
suspension of the license for up to six (6) months, placing the violator on
probation for up to ninety (90) days and/or ordering formal assessment and
treatment.
(3) Actions in the case
of a second violation may include revocation of the license, suspension of the
license up to one (1) year and/or a professional assessment of the person may
be ordered by the Stewards/Commission.
(4) Treatment or assessment, if ordered, must
meet the conditions established in this rule.
(5) If a professional assessment indicates
presence of a problem of alcohol or other substance abuse that is not treatable
within the reasonably foreseeable future (360 days) the license may be
suspended for a period of up to one (1) year.
(6) If a professional assessment indicates
presence of a treatable problem of alcohol or other substance abuse or
dependence, the Stewards/Commission may order the licensee to undergo treatment
as a condition of continuing licensure. The treatment will be through a program
or by a practitioner, acceptable to the licensee and the Stewards/Commission.
Required features of any program or practitioner acceptable to the
Stewards/Commission will be:
(A)
Accreditation or licensure by an appropriate government agency, if required by
state statute;
(B) A minimum of
one (1) year follow-up of formal treatment; and
(C) A formal contract indicating the elements
of the treatment and follow up program that will be completed by the licensee
and, upon completion, certified by the program administrator to the
Stewards/Commission as completed. To effect the contract, the licensee will
authorize release of information by the treating agency, hospital or
individual.
(7) When a
licensee is determined to have failed in maintaining abstinence, the licensee
shall furnish to the Stewards/Commission an assessment by the treating agency,
hospital or individual practitioner indicating whether the licensee was
compliant with the agreed upon program of recovery.
(8) Persons being reinstated following a
violation of these rules who have not successfully completed a rehabilitation
program shall submit a negative substance and/or alcohol test prior to being
licensed.
(9) Actions in the case
of a third violation may include revocation of the license and the violator
being deemed ineligible for licensure for up to five (5) years.
(10) Prior human substance abuse violation
reflected on a person(s) racing records from any racing jurisdiction(s)
recognized by the Commission, including Oklahoma, shall be counted as
violations when determining appropriate penalties as set forth in this rule.
Added at 13 Ok Reg 2575,
eff 6-28-96