01-017-1 Me. Code R. § 22

Current through 2024-51, December 18, 2024

Section 017-1-22 - Drug Testing of Licensees

1.Definition. For purposes of this section, a designated licensee means an official as described in Chapter 3. Sections 1 and 2: a licensed driver, a trainer, a groom, a starting gate driver, or any licensee who enters the paddock.

2.Drug use prohibited. For purposes of this section, the term drug shall include any scheduled drug, as defined in 17-A, Maine Revised Statutes Annotated, Section 1101, sub-section 11 (1983) and any prescription drug. Except for drugs used in accordance with a valid prescription from a licensed physician, a licensee shall not use drugs or have any trace of drugs in his/her system while participating in any capacity at a race meet. It shall be the responsibility of the designated licensee to give notice to the State Steward on an official form that he or she is using a Scheduled Drug or prescription drug pursuant to a valid prescription or order from a licensed physician.

3.Drug Testing. Every designated licensee, whether selected at random or otherwise for testing, shall have the affirmative obligation to cooperate fully and promptly in furnishing any required sample or to witness the securing of a sample when requested to do so by the State Steward. Drug testing shall be subject to the following conditions.

A. On each and every race date designated licensee's to be tested may be selected at each track conducting a race meet that day by a random selection method. The method of random selection may be changed from time to time provided the method utilized conforms to fairness. It shall not be an indication of lack of fairness if any designated licensee is selected more frequently than others, provided there is no manipulating of the selection process other than changes in the method. If the selection method is changed that fact shall be posted in the Race Secretary's office 24 hours in advance of implementing the change.

B. Every designated licensee for any race at any licensed racetrack who appears to be under the influence of a drug or drugs may be subjected to a urine test or other non-invasive fluid test at any time, pre-race or post-race, at the direction of the State Steward or the Presiding Judge.

C. Any designated licensee who is requested to submit to a urine test shall forthwith in the presence of or under the supervision of a representative of the Department, provide the urine sample in a container supplied by the Department. The sample shall immediately be sealed and tagged on the form provided by the Department and the evidence of that sealing shall be indicated by the signature of the tested licensee. The portion of the form which is provided to the laboratory for analysis shall not identify the individual licensee that was tested by name. The sample is to remain in the control of the Department or its authorized agents in a manner that shall protect the integrity of the sample and test results. A positive drug result or a refusal or failure to testing shall be reported to the Executive Director or his or her designee.

4.Violation. It is a violation of this section:

A. to tamper with a test sample

B. to refuse or fail to submit to testing, or

C. to receive a positive test. For purposes of this section, a positive test results when the presence of a Scheduled Drug or prescription drug, is detected in the test sample, even at trace levels, except as authorized by this section.

5.Effect of violation of subsection 4. On receiving written notice from the testing laboratory that a specimen has been found positive for a drug, the Executive Director shall notify the licensee involved as quickly as possible, in writing by personal delivery or by certified mail return receipt, of the violation and the penalties. That person shall have the opportunity, at his or her own expense, to request that a confirmatory test be made from the same sample which tested positive.

6.Penalties

A. Penalties for a violation of subsection 4 are as follows. For the purpose of this section, suspension of a license shall include all of that person's licenses.

(1) For the first violation:

(a) suspension of that licensee's license for a period of ten days subject only to that licensee's right to appeal to the Commission.

(b) mandatory drug testing. Mandatory drug testing shall continue until the retesting achieves one 'negative' result. The testing schedule shall be at the discretion of the State Steward. The licensee shall not participate at any harness race meet until the mandatory drug testing, achieves the required 'negative' results. Having served the mandatory suspension shall not excuse the requirement for one 'negative' result.

(2) For a second violation within any ten year period:

(a) suspension of that licensee's license for a period of no less than six weeks. Subject only to that licensee's right to appeal to the Commission.

(b) mandatory drug testing. Mandatory drug testing shall continue until the retesting achieves three 'negative' results. The testing schedule shall be at the discretion of the State Steward. The licensee shall not participate at any harness race meet until the mandatory drug testing achieves the required 'negative' results. Having served the mandatory suspension shall not excuse the requirement for three 'negative' results, and

(c) mandatory attendance in a Substance Abuse Treatment Program approved by and upon such reasonable terms and conditions as the Executive Director may require. Enrollment and participation in the Program shall be at the expense of the offending licensee. 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, or is still actively participating in a program. Upon retesting which produces the required 'negative' results, upon completion of his or her suspension and upon successful completion of the drug abuse treatment program. The offending licensee may participate in racing.

(3) For a third violation within any ten year period:

(a) mandatory suspension of the licensee's license for a minimum of 365 days;

(b) mandatory drug testing. Mandatory drug testing shall continue until the retesting achieves three negative results. The testing schedule shall be at the discretion of the State Stewards. The licensee shall not participate at any harness race meet until the mandatory drug testing achieves the required negative results. Having served the mandatory suspension shall not excuse the requirement for three negative results; and

(c) mandatory attendance in a Substance Abuse Treatment Program approved by and upon such reasonable terms and conditions as the Executive Director may require. Enrollment and participation in the Program shall be at the expense of the offending licensee. 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, or is still actively participating in a program. Upon retesting which produces the required negative results upon completion of his or her suspension and upon successful completion of the drug abuse treatment program, the offending licensee may participate in racing.

(4) For a fourth violation within any ten year period: lifetime suspension of the licensee's licenses.

01-017 C.M.R. ch. 1, § 22