| (a) The stewards or racing judges shall impose penalties
in accordance with this section for a violation of §311.301 of
this title (relating to Use Prohibited). A penalty imposed under this
section is appealable pursuant to §307.67 of the Rules (relating
to Appeal to the Commission.)
(b) If the stewards or racing judges require a licensee
to submit to testing under §311.302 of this title (relating to
Subject to Testing) as prescribed under §311.303 of this chapter
(relating to Method of Selection), the stewards or racing judges shall
prohibit the licensee from participating in racing for the remainder
of that day.
(c) For a first violation, the stewards or racing judges
shall:
(1) suspend the licensee's license for at least six
months; and
(2) prohibit the licensee from participating in racing
until:
(A) the licensee's condition has been evaluated by
the medical review officer or a person designated by the medical review
officer under §311.306 of this title (relating to Medical Review
Officer);
(B) the licensee has satisfactorily complied with any
rehabilitation requirements ordered by the medical review officer;
and
(C) the licensee has produced a negative test result.
(d) For a second or subsequent violation, the stewards
or racing judges shall revoke the licensee's license.
(e) After a suspended licensee has satisfactorily complied
with any rehabilitation requirements ordered by the medical review
officer or completed a certified substance abuse rehabilitation program
approved by the medical review officer, the licensee may apply to
have the license reinstated. The stewards or racing judges shall reinstate
the license if the stewards or racing judges determine the licensee
poses no danger to other licensees or race animals and that reinstatement
is in the best interest of racing. On reinstatement, the stewards
or racing judges shall require the licensee to submit to further drug
testing to verify continued compliance with the Rules and complete
any additional rehabilitation or after-care drug treatment recommended
by the medical review officer.
(f) All specimens to be tested under this subchapter
shall be obtained and tested in accordance with §311.304 (relating
to Taking of Samples.) The Commission shall pay the cost of the initial
test. The licensee being tested is responsible for paying the costs
of all subsequent tests.
|
| Source Note: The provisions of this §311.308 adopted to be effective October 21, 1999, 24 TexReg 8973; amended to be effective November 6, 2002, 27 TexReg 10379; amended to be effective May 3, 2017, 42 TexReg 2339 |
