Current through Register Vol. 54, No. 50, December 14, 2024
Section 401.41 - Determination of positive test results(a) If the Standardbred or Thoroughbred Bureau Directors declare a positive test based upon the reported findings of the Commission testing laboratory, and if applicable, the confirmation by the split sample laboratory, it shall be considered a possible violation of the provisions of this chapter. The Bureau Directors shall authorize and direct Commission investigators to immediately conduct an investigation of the matters relating to the positive finding. Medication and drug violations shall be investigated and reviewed on a case by case basis.(b) The results of biological sample testing and analysis prepared by the Commission Testing Laboratory shall be deemed prima facie correct and all steps undertaken in the collection, preservation, handling and testing thereof shall be presumed correct in the absence of affirmative proof to the contrary.(c) The Board of Judges or Board of Stewards shall thereafter schedule and conduct a hearing consistent with the provisions set forth in Chapter 179 (relating to Rules of Administrative Practice and Procedure-temporary regulations) of the Commission's regulations to determine whether a violation of the Commission's regulations has occurred. In addition to the penalty provisions contained in the act and the Commission's regulations, the Judges and Stewards may consider the specific drug classification level of the violation and the appropriate penalty categories as set forth in the Uniform Classification Guidelines of Foreign Substances established by the ARCI and set forth in § § 401.42 and 401.43 (relating to uniform classification guidelines for foreign substances; and positive test penalty categories).(d) Prior to issuing the medication violation ruling, the Judges and Stewards, may also consult with the Commission Veterinarian to determine if the violation was a result of the administration of a therapeutic medication as documented in a veterinarian's Medication Report Form (treatment sheets) received under § 403.4 (relating to treatments sheets or veterinarian medication report forms) and may also consult with the Commission's Testing Laboratory director to determine the seriousness of the laboratory finding or the medication violation penalties.(e) For purposes of determining mitigating or aggravating circumstances, the Judges and Stewards may consider the following factors:(1) The past record of the trainer, veterinarian and owner in drug cases;(2) The potential of the drugs to influence a horse's racing performance;(3) The legal availability of the drug;(4) Whether there is reason to believe the responsible party knew of the administration of the drug or intentionally administered the drug;(5) The steps taken by the trainer to safeguard the horse;(6) The probability of environmental contamination or inadvertent exposure due to human drug use;(7) The purse of the race;(8) Whether the drug found was one for which the horse was receiving a treatment as determined by the Medication Report Form;(9) Whether there was any suspicious betting pattern in the race; and(10) Whether the licensed trainer was acting on the advice of a licensed veterinarian.(f) As a result of the investigation, the Judges or Stewards may determine that mitigating circumstances exist for which a lesser or no penalty is appropriate for the licensee or that aggravating factors exist, which may increase the penalty beyond the minimum.(g) Whenever there is a positive result of a post-race test the purse may be redistributed.