Kan. Admin. Regs. § 112-11-13a

Current through Register Vol. 43, No. 49, December 5, 2024

Section 112-11-13a - Human controlled substance and alcohol testing; procedure; prohibited levels; penalties; confidentiality

(a) If directed by a steward, racing judge, the executive director, or a commission employee with law enforcement powers under K.S.A. 1995 Supp. 74-8807, and upon reasonable suspicion of intoxication or impairment while actively engaged in employment, an occupation licensee shall submit to a breath or a urine test, or both. No occupation licensee shall have a blood alcohol content of .05 percent or more. No occupation licensee's urine test shall indicate the presence of any controlled substance as defined by K.S.A. 1995 Supp. 65-4101.

(b) The stewards or racing judges shall suspend a licensee whose breath test indicates a blood alcohol content of .05 percent or more in accordance with the provisions of K.S.A. 74-8816(h).

(c) The stewards or racing judges shall suspend a licensee whose urine test indicates the presence of a controlled substance in accordance with the provisions of K.S.A. 74-8816(h).

(d) The stewards or racing judges shall suspend a licensee who refuses to submit to a breath or urine test, or both, in accordance with the provisions of K.S.A. 74-8816(h).

(e) Suspensions authorized by this regulation shall not be subject to the stay provisions of K.A.R. 112-16-11.

(f) Information elicited in the process of breath or urine testing shall be treated as confidential, except as necessary for any administrative or judicial proceeding.

Kan. Admin. Regs. § 112-11-13a

Authorized by and implementing K.S.A. 1995 Supp. 74-8804 and K.S.A. 74-8816; effective, T-112-8-13-92, Aug. 13, 1992; effective, T-112-12-10-92, Dec. 10, 1992; effective Feb. 15, 1993; amended Aug. 9, 1996.