Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 5.00 - Rules Of Greyhound Racing › Section 5.15 - Urine, Other Tests and Examinations

Current through Register 1525, July 5, 2024
(1) Urine,
			 blood and other specimens shall be taken and tested from such grey hounds as
			 the Judges of the meeting or the Commission's representatives may designate.
			 Such tests are to be under the supervision of the Commission. The specimens
			 shall be collected by the Veterinarian or such other person or persons as the
			 Commission may designate.
(2) If
			 the Judges shall find that any drug, stimulant, depressant, analgesic,
			 anti-inflam matory agent or local anesthetic has been administered or attempted
			 to be administered internally or externally, to a greyhound before a race,
			 which is of such character as could affect the racing condition of a greyhound
			 in such a race, said Judges shall impose such punishment and take such other
			 action as they deem proper under
			 205 CMR
			 5.00 including reference to the Commission, against
			 every owner and/or trainer responsible for the proper care and protection of
			 the greyhounds involved and against every person found by them to have
			 administered or to have attempted to administer or to have caused an attempt to
			 administer or to have conspired with another person to administer such drug,
			 stimulant, depressant, analgesic, anti-inflammatory agent or local
			 anesthetic.
(3) The owner, trainer,
			 groom or any other person having charge, custody or care of the greyhound is
			 obligated to protect the greyhound properly and guard it against such
			 administration or attempted administration, and if the Judges shall find that
			 any such person has failed to show proper protection and guarding of
			 greyhounds, or if the Judges find any owner or trainer is guilty of negligence
			 with respect thereto, they shall impose such punishment and take such other
			 action as they deem proper under any of the rules including reference to the
			 Commission.
(4) The owner or owners
			 of a greyhound so found to have received such administration shall be denied or
			 shall promptly return any portion of the purse or sweepstakes together with any
			 trophy in such race and the same shall be distributed as in the case of a
			 disqualification. If a greyhound shall be disqualified in a race because of
			 this rule the eligibility of other greyhounds which ran in such race and which
			 have started in a subsequent race before announcement of such disqualification
			 shall not be in any way affected.
(5) Hearings concerning the violation of
			 Medication and Drug rules shall be held by and before the Presiding Judge and
			 the Commission Judges. A representative of the Commission may be present as an
			 observer at all such hearings.
(6)
			 The owner, trainer or authorized representative shall be present in the testing
			 area when a urine or other specimen is taken from his greyhound and shall
			 remain until the sample tag is signed by the owner, trainer or authorized
			 representative, as witness to the taking of the specimen.
(7) Willful failure to be present at or
			 refusal to allow the taking of any such specimen or refusal to sign the
			 specimen tag to the taking of a specimen, or any act or threat to impede or
			 prevent or otherwise interfere therewith shall be reported to the Judges who
			 shall subject the person or persons guilty there of to immediate suspension by
			 the Judges of the meeting and the matter shall be referred to the Commission
			 for such further action as in its discretion it may determine.
(8) The representative of the Commission may
			 take for analysis samples of any medicine or other materials suspected of
			 containing improper medications or drugs which could affect the racing
			 conditions of a greyhound in a race, which may be found in the track area or in
			 the possession of any person connected with racing on such tracks.
(9) Any portion of the purse, if not already
			 paid which is to be redistributed in accordance with the provisions of 205 CMR
			 5.15 shall be held until the Commission approves such redistribution. 205 CMR
			 5.15(9) shall apply only to the amount payable to the owner or owners of the
			 disqualified greyhound and shall not prevent payment due to other greyhounds in
			 the race pending approval by the Commission.
(10) Every owner, trainer or authorized
			 agent, shall immediately, whenever requested by the Commission, submit any
			 greyhound or greyhounds of which he is the owner, authorized agent or trainer,
			 to any Veterinary Surgeon designated by the Commission for such examination or
			 tests as said veterinarian may deem advisable.
(11) Any test or examination made by the
			 veterinarian designated by the Commission may be witnessed by the Commission or
			 by any of its representatives and by the owner or his authorized agent or by
			 the trainer of the greyhound or greyhounds so examined or tested.
(12) No person with in the grounds of a
			 greyhound racing association licensed by the Commission shall have in or upon
			 the premises which he occupies or controls or has the right to occupy or
			 control or in his personal property or effects any hypodermic syringe,
			 hypodermic needle or other device which could be used for the injection or
			 other infusion into a greyhound of a drug, stimulant, narcotic, depressant,
			 analgesic, anti-inflammatory agent, or local anesthetic. Every association
			 licensed by the Commission is required to use all reasonable efforts to prevent
			 the violation of 205 CMR 5.15(12). Every such racing association, the
			 Commission and the Judges, or any of them, shall have the right to permit a
			 person or persons authorized by any of them to enter into or upon the
			 buildings, rooms or other places within the grounds of such association and to
			 examine the same and to inspect and examine the personal property and effects
			 on any person, within such place; and every person who has been granted a
			 license by the Commission by accepting his license, does consent to such search
			 and seizure of any such hypodermic syringes, hypodermic needles or other
			 devices, and any drugs, stimulants, narcotics, depressants, analgesic,
			 anti-inflammatory agent or local anesthetics apparently intended to be or which
			 could be used in connection therewith, so found. If the Judges shall find any
			 person has violated 205 CMR 5.15(12), they shall impose such punishment and
			 take such other action as they may deem proper under any of the Rules of
			 Greyhound Racing, including reference to the Commission.
(13) Any owner or trainer once having been
			 suspended for violation of 205 CMR 5.15(2), and thereafter another analysis of
			 the secretion from a greyhound as above provided or as provided by any other
			 racing commission of any greyhound owned or trained by said owner or trainer
			 shows that a drug, narcotic, depressant, analgesic, anti-inflammatory agent,
			 stimulant or local anesthetic has been administered or that any electrical,
			 mechanical or other appliance has been used which, in the opinion of the Judges
			 is of such character as could affect the racing condition of the greyhound in
			 such a race, the same be considered a second offense and said owner or trainer
			 may be ruled off all tracks in Massachusetts.
(14) Any person found guilty by the
			 Commission of any participation in or knowledge of the fact that any drug,
			 narcotic, stimulant, depressant, analgesic, anti-inflammatory agent, local
			 anesthetic or any electrical, mechanical or other appliance has been used
			 which, in the opinion of the Judges is of such a character as could affect the
			 racing condition of such a greyhound in a race, may be ruled off all tracks in
			 Massachusetts.
(15) Every
			 Association and its officials and employees thereof shall give every possible
			 aid and assistance to any department, bureau, division, officer, agent or
			 inspector, or any other person connected with the United States Government or
			 with the Commonwealth of Massachusetts who may be investigating or prosecuting
			 any such person they may suspect of being guilty or possessing any drug,
			 narcotic, stimulant, depressant, analgesic, anti-inflammatory agent, or local
			 anesthetic, hypodermic syringes, hypodermic needles, or electrical, mechanical
			 or other devices which, in the opinion of Judges is of such a character as
			 could affect the racing condition of a greyhound in a race.
(16) Nothing herein contained under 205 CMR
			 5.15 shall alter or diminish the power of the Commission to review or originate
			 action in any case covered by 205 CMR 5.15.
(17) All objections must be made to the
			 Judges in writing, signed by the objector and a copy there of sent immediately
			 to the Commission.
(18) Permission
			 of the Judges is necessary before an objection can be withdrawn.
(19) Any person or persons lodging an
			 objection must pay all costs and expenses incurred in determining the objection
			 in such proportions as the Judges shall decide, unless relieved from such
			 expense by the Commission.
(20) The
			 Judges may require a cash deposit before considering an objection, which may be
			 forfeited if the objection should prove to be frivolous, or without
			 foundation.
(21) The Judges must
			 decide every objection pertaining to the race. From every decision an appeal in
			 writing may be made to the Commission within 48 hours of the time the objector
			 has been officially informed of said decision.
(22) Objections to a greyhound engaged in a
			 race may be made by the owner or trainer of some other greyhound engaged in the
			 same race, or by an official of the meeting to one of the Judges.
(23) Objection to any decision of the Clerk
			 of Scales shall be made before the greyhounds leave the paddock for the start
			 of the race.
(24) Pending a
			 decision on an objection, any prize that the greyhound against which the
			 objection is lodged may have won or may win in the race, shall be withheld
			 until the objection is determined.
(25) Objections shall be filed with the
			 Judges within 48 hours from the time the race is run in which the greyhound
			 that occasioned the objection participated.
(26) In all cases of fraud or willful
			 deception, the time limitation shall not apply provided the Judges are
			 satisfied that the allegations are
bona fide
.
(27) If an objection to a greyhound which has
			 won or which has been placed in a race is declared valid, that greyhound is
			 disqualified and the other greyhounds in the race are entitled to place in the
			 order in which they finished.
(28)
			 The Commission shall license owners, trainers, and assistant
			 trainers.
(29) An applicant 16
			 years or older may be considered for a license as an assistant
			 trainer.
(30) The trainer shall be
			 responsible for and be the absolute insurer of the condition of greyhounds he
			 enters, regardless of acts of third parties. The trainers are presumed to know
			 the Rules of Greyhound Racing as adopted by the Commission.
(31) An owner, when his trainer is to be
			 absent from his kennel and the grounds where his greyhounds are racing, shall
			 notify the Judges of the licensed trainer, licensed assistant or licensed
			 authorized agent who will assume complete responsibility of the greyhounds he
			 is running.
(32) The trainer shall
			 not be relieved of the responsibility provided for in 205 CMR 5.15(30), until
			 the Judges have approved of the licensed trainer, licensed assistant trainer or
			 licensed authorized agent designated by the owner who will assume complete
			 responsibility of the greyhounds the owner is racing and the designated
			 licensed person named by the owner has indicated in writing to the Judges that
			 he will assume full responsibility as trainer under any and all rules of
			 greyhound racing as adopted by the Commission.
(33) All owners must file with the Commission
			 and the Association a roster of his trainer, assistant trainers, authorized
			 agent and other employees and if any owner changes trainer he must notify the
			 Racing Secretary forthwith and require the new trainer or any new employee to
			 sign the owner's filed roster.
(34)
			 No owner, trainer, assistant trainer, racetrack employee or other person, or
			 either of them, shall accept directly or indirectly, any bribe, gift or
			 gratuity in any form which intends to or might influence the results of any
			 race.
(35) A Racing Secretary shall
			 be permitted to race more than one greyhound, owned by the same kennel, in any
			 race. Provided, however, that:
(a) Not more
			 than two greyhounds from the same kennel, owned or conditioned by the same
			 trainer shall be allowed to be entered or start. 205 CMR 5.15(35) shall not
			 apply to any Stakes Race, to which money is added, nor to any consolation race
			 held in connection with a Stake Race.
(b) When two greyhounds from the same kennel,
			 owned by the same owner, or conditioned by the same trainer are entered and
			 start they shall not be coupled in the wagering.