Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 45 - Prohibited Practices and Equine Testing › Section 325:45-1-4 - Substance violations

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Except as authorized or restricted by the provisions of this Chapter and
			 Chapter 40 of the rules of the Commission, no substance shall be given by
			 parenteral administration to any horse within 24 hours prior to the scheduled
			 post time for the first race on the day the horse is entered to race.
(b) The primary laboratory's
			 detection of a prohibited substance in a biological sample collected from any
			 horse during out-of-competition testing, pre-race testing, or post-race testing
			 by the Official Veterinarian or designee shall constitute prima facie evidence
			 that a substance violation occurred and may, at the discretion of the Stewards
			 or Commission, result in summary suspension of the responsible trainer,
			 disqualification of the horse, placement of the horse on the veterinarian's
			 list, placement of the horse on the Stewards' list, and other penalties
			 authorized by the Act and the rules of the Commission.
(c) The primary laboratory's detection of a
			 permitted substance exceeding listed thresholds in a biological sample
			 collected from any horse during post-race testing by the Official Veterinarian
			 or designee shall constitute prima facie evidence that a substance violation
			 occurred and may, at the discretion of the Stewards or Commission, result in
			 summary suspension of the responsible trainer, disqualification of the horse,
			 placement of the horse on the veterinarian's list, placement of the horse on
			 the Stewards' list, and other penalties authorized by the Act and the rules of
			 the Commission.
(d) The primary
			 laboratory's detection of a naturally occurring substance exceeding listed
			 thresholds or exceeding concentrations that the substance may naturally occur
			 in a biological sample collected from any horse during post-race testing by the
			 Official Veterinarian or designee shall constitute prima facie evidence that a
			 substance violation occurred and may, at the discretion of the Stewards or
			 Commission, result in summary suspension of the responsible trainer,
			 disqualification of the horse, placement of the horse on the veterinarian's
			 list, placement of the horse on the Stewards' list, and other penalties
			 authorized by the Act and the rules of the Commission.
(e) It shall be presumed that biological
			 samples tested by a laboratory approved by the Commission are collected from
			 the horse in question; that the integrity of the biological sample is
			 preserved; that all accompanying procedures of collection, preservation,
			 transfer to the laboratory, and analyses of the sample are correct and
			 accurate; and that the report received from the laboratory pertains to the
			 sample collected from the horse in question and correctly reflects the
			 condition of the horse on the day the biological sample was collected.
(f) Except as otherwise provided
			 by Commission rules, the owner or owners of a horse disqualified for a
			 substance violation shall not participate in any portion of the purse or stakes
			 and any trophy or other awards shall be returned to the Stewards for
			 redistribution to other race participants.
(g) The trainer or owner contesting prima
			 facie evidence of a substance violation shall have the burden of proof to
			 establish that no substance violation occurred or that other evidence mitigates
			 the severity of punishment.
Amended at 10 Ok Reg 4731,
				eff 9-28-93 (emergency); Amended at 11 Ok Reg 3195, eff 6-27-94; Amended at 13
				Ok Reg 2159, eff 6-14-96; Amended at 20 Ok Reg 1231, eff 5-27-03; Amended at 23
				Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 2594, eff
				6-25-06