| (a) Urine, blood, or other specimens shall be taken and tested
from any greyhound designated by the racing judges, commission veterinarian,
or a representative of the commission. A specimen shall be collected by the
commission veterinarian or a designee of the commission veterinarian.
(b) A racing judge or the commission veterinarian may order
a greyhound in a race to submit to a test of body fluid specimens to determine
the presence of a prohibited drug, chemical, or other substance.
(c) Before sending a specimen from a greyhound to a testing
laboratory, the commission veterinarian shall determine whether the specimen
is of sufficient quantity to be split. If there is sufficient quantity, the
commission veterinarian or the commission veterinarian's designee shall divide
the specimen into two parts. The commission veterinarian or the commission
veterinarian's designee shall retain custody of the portion of the specimen
that is not sent to the laboratory. The commission veterinarian or commission
veterinarian's designee shall store the split specimen in a manner that ensures
the integrity of the specimen. If the specimen is of insufficient quantity
to be split, the commission veterinarian shall certify that fact in writing
and submit the entire specimen to the laboratory for testing.
(d) The trainer or kennel owner for a greyhound that has tested
positive for a prohibited drug, chemical, or other substance may request,
in writing, that the split specimen, if any, be submitted for testing at a
Commission-approved and listed laboratory. The trainer or kennel owner must
notify the executive secretary of the request not later than 48 hours after
notice of the positive test. Failure to request the split specimen be tested
within the prescribed time period constitutes a waiver of the right to have
the split specimen tested.
(e) If the split specimen is sent for testing, the commission
staff shall arrange for transportation of the specimen in a manner that ensures
the integrity of the specimen. To ensure the integrity of the specimen, the
split specimen must be shipped within 10 days after the kennel owner is notified
of the positive test. Subject to the deadline, the kennel owner is entitled
to be present or have a representative present at the time the split specimen
is sent for testing.
(f) If the test on the split specimen confirms the finding
of the original laboratory, it is a prima facie violation of the applicable
provisions of this chapter. If the test on the split specimen does not substantially
confirm the findings of the original laboratory, the racing judges may not
take disciplinary action regarding the original test results.
(g) If an act of God, power failure, accident, labor strike,
or other event beyond the control of the Commission prevents the split specimen
from being tested, the findings of the original laboratory are prima facie
evidence of the condition of the greyhound at the time of the race.
|
| Source Note: The provisions of this §319.391 adopted to be effective August 14, 1989, 14 TexReg 3807; amended to be effective October 11, 1990, 15 TexReg 5715; amended to be effective November 1, 1998, 23 TexReg 10642; amended to be effective March 13, 2002, 27 TexReg 1732 |
