Section 71 IAC 8-10-6 - PenaltiesAuthority: IC 4-31-3-9
Affected: IC 4-31
Sec. 6.
(a) Upon a finding of a positive test, the judges 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 judges 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 will receive a mandatory suspension of his or her license for a period of one (1) year and 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 judges or the commission may consider any mitigating or exacerbating, or both, circumstances and make an appropriate adjustment to the penalties that are set forth in subsection (a). Indiana Horse Racing Commission; 71 IAC 8-10-6; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1177; emergency rule filed Mar 25, 1997, 10:00 a.m.: 20 IR 2163; emergency rule filed Feb 24, 2000, 2:32 p.m.: 23 IR 1670, eff Feb 24, 2000; errata filed Mar 13, 2000, 7:36 a.m.: 23 IR 1656; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; emergency rule filed Oct 3, 2013, 2:08 p.m.: 20131009-IR-071130452ERAEmergency rule filed 6/1/2020, 1:57 p.m.: 20200610-IR-071200295ERAReadopted filed 4/20/2023, 3:49 p.m.: 20230517-IR-071230071RFAReadopted filed 8/3/2023, 12:49 p.m.: 20230830-IR-071230428RFA