Pennsylvania Code › Title 58 - RECREATION › Part V - Harness Racing Commission › Chapter 183 - RULES OF RACING › MEDICATION, PRERACE AND POST-RACE TESTING, PENALTIES FOR VIOLATIONS › Section 183.353 - Presence of owner, trainer or authorized agent; split sample

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the
				  taking of the saliva, urine and blood sample by the Commission Veterinarian, or
				  a person appointed by the Commission under the supervision of the Commission
				  veterinarian, the owner, trainer or authorized agent of an owner may be present
				  at all times. The absence of the owner, trainer or authorized agent of an owner
				  shall not invalidate the procedures followed in taking the sample, nor shall
				  the absence be the grounds for objection to Commission action based on a
				  laboratory report resulting from the test of a sample taken in the absence of
				  the owner, trainer or their authorized agent. The sample so taken shall be
				  placed in two containers and shall be sealed and the evidence of the sealing
				  indicated thereon by the signature of the Commission veterinarian or his
				  assistant. The owner, trainer or their authorized representative may be present
				  at the sealing of the split of the sample. The absence of the owner, trainer or
				  their authorized agent may not in any way invalidate the procedures followed in
				  splitting the sample nor shall the absence be the basis for objection to
				  Commission action based on a laboratory report resulting from the test of split
				  samples taken in the absence of the owner, trainer or their authorized agent.
				  One part of the sample is to be placed in a depository under the supervision of
				  the presiding judge, another agency the Commission may designate, or both, to
				  be safeguarded until the time as the report on the chemical analysis of the
				  other portion of the split sample is received.
(b) Should a prerace or post-race test be
				  classified as positive, the Presiding Judge shall fix a time and place for
				  hearing thereon for the day next following the day of receiving the positive
				  report. In the event that the hearing should fall on a Sunday, the hearing
				  shall be held the following day. Parties shall be afforded the opportunity to
				  present testimony relating to the alleged violation. At the hearing or not
				  later than noon of the day following the hearing the person charged with the
				  violation shall elect whether to exercise a right and privilege to have the
				  portion of the specimen known as a "split sample" sent to the Commission
				  reference laboratory or to another laboratory which has been approved by the
				  Commission for additional testing. Election may be stated on the record of the
				  hearing or notice given in writing. If the owner or trainer does not claim the
				  split sample for the purpose of having another laboratory conduct a test, the
				  owner or trainer shall execute a waiver that the split sample will not be used
				  in the proceeding. Failure to use the split sample shall not infringe upon a
				  right or privilege of appeal. The owner or trainer shall bear costs of the
				  independent test on that portion of the specimen which is known as the "split
				  sample," including costs of packing and transportation, if any.
This section cited in 58 Pa. Code §
												183.355 (relating to control of
						horse, presumption of knowledge).