Florida Administrative Code › 75 - FLORIDA GAMING CONTROL COMMISSION › 75 - Departmental › Chapter 75-6 - DRUGS AND VETERINARIAN PROCEDURES › Section 75-6.006 - Procedures Relating to Split Samples

Current through Reg. 50, No. 138; July 16, 2024
The following procedures shall be followed when requesting a
				  split sample analysis at an independent laboratory:
(1) A trainer of record or owner of a
				racehorse or racing greyhound who has received a report of positive result may
				request that split sample analysis be conducted on the corresponding portion of
				the specimen, or secondary ("B" portion), if applicable. The trainer of record
				or owner may request that the split sample be sent to an independent laboratory
				approved by the Division for split sample analysis. The request must be made in
				writing or on Form FGCC PMW-3290, Split Sample Request, effective December
				2015, and adopted herein by reference, which can be obtained at
https://www.flrules.org/Gateway/reference.asp?No=Ref-06325
,
				www.fgcc.fl.gov, or by contacting the Florida Gaming Control Commission, 2601
				Blair Stone Road, Tallahassee, Florida 32399, and submitted by certified mail
				or hand delivery to the State Steward, Division Hearing Officer, or the
				Division's Office of the General Counsel no later than ten (10) calendar days
				after receipt of the report of positive result.
(2) The party requesting the split sample
				shall select an independent laboratory from a list of laboratories approved by
				the Division to perform the split sample analysis. The party requesting a split
				sample analysis shall bear all costs of the analysis and provide the Division
				with proof of payment.
(3) Failure
				to request a split sample with an approved independent laboratory within ten
				(10) calendar days after receiving written notification of the report of
				positive result from the primary racing laboratory shall constitute a waiver of
				the right to a split sample. Failure to pay the independent laboratory in full
				for split sample analysis and provide proof of payment to the Division within
				ten (10) days of the request for split sample analysis shall constitute a
				waiver of the right to a split sample.
(4) Upon receipt of the split sample request,
				the Division shall notify the primary laboratory of the request, identifying
				the sample number on which the split sample analysis is to be performed, the
				independent laboratory which has been selected, and the primary laboratory's
				internal tracking number. The primary racing laboratory shall send the
				unopended split sample to the independent laboratory selected within ten (10)
				calendar days of receiving the request.
(5) The request of a split sample shall
				operate as a stay of any hearing until the analysis of the split sample has
				been completed. Failure by the requestor to pay the independent laboratory for
				a split sample test shall not operate as a stay.
Rulemaking Authority
					  120.80(4)(a),
					  550.0251 (3),
					 (11),
					 550.2415(5),
					 (12) FS. Law Implemented
					 120.80(4)(a),
					 550.0251,
					  550.2415 FS.
New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, 1-10-16,
					 12-4-17, Formerly  61D-6.006.