| (a) For a first violation under §311.321(b) of this title
(relating to Prohibited Conduct) or §311.322 of this title (relating
to Breathalyzer or Other Test), the stewards or racing judges shall prohibit
the licensee from participating in racing for the remainder of that race day.
In addition, the stewards or race judges may:
(1) prohibit the licensee from participating in racing until
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); and
(2) impose a fine in accordance with Chapter 307 of this title
(relating to Practice and Procedure).
(b) If the person evaluating a licensee determines the licensee's
condition is non-addictive or not detrimental to the best interest of racing,
the stewards or racing judges shall permit the licensee to participate in
racing, provided the licensee:
(1) produces a negative test result; and
(2) agrees to further testing to verify continued unimpairment.
(c) If the person evaluating a licensee determines the licensee's
condition is addictive or detrimental to the best interest of racing, the
stewards or racing judges shall prohibit the licensee from participating in
racing until the licensee:
(1) produces a negative test result;
(2) provides proof that the licensee has satisfactorily completed
a certified alcohol abuse rehabilitation program approved by the medical review
officer; and
(3) agrees to further testing to verify continued unimpairment.
(d) For a second or subsequent violation, the stewards or racing
judges shall suspend the licensee's license. After the licensee has satisfactorily
completed a certified alcohol abuse rehabilitation program approved by the
medical review officer, the licensee may apply to have the license reinstated.
The stewards or racing judges may 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.
(e) All specimens to be tested under this subchapter shall
be obtained and tested by the Commission under conditions properly controlled
to guarantee the integrity of the process. The charges for tests conducted
under this subchapter shall be forwarded to the Commission for approval as
to the reasonableness of the charges in relation to industry standards for
comparable testing procedures. The Commission shall pay the cost of the initial
test. The licensee being tested is responsible for paying the costs of all
tests other than the initial test.
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